 (847) 282-4723
Criminal Defense, DUI, Traffic, Skokie laywer
Do you have to appear in Skokie court on a DUI or
traffic charge? We represent clients charged with felony & misdemeanor crime, DUI (driving under the influence of alcohol, drugs) and serious traffic matters. We advocate for license reinstatement, reduced charges, and dismissal of charges. We handle traffic violations including speeding tickets, reckless driving, and driving without a license. We assist clients at hearings before the Illinois Secretary of State with driver's license issues including reinstatement, obtaining a restricted license to drive, and reduction of license suspension periods.
Skokie
Courthouse, Court Key Schedule/Date Card,
Second Municipal District, 2008
Attorney Mike Baker,
with offices in Chicago and the Northwest suburbs,
can defend you against charges pending against you.
Some common violations include: Drunk
Driving (Driving under the Influence, DUI),
Reckless Driving, Leaving the Scene of an Accident
involving Property damage or Personal injury,
Speeding, Revoked or Suspended license, Possession
of Marijuana,"road rage" and disorderly
conduct offenses.
We provide criminal defense for individuals
who have been arrested and accused of all types of
traffic violations, including but not limited to,
the following:
- Aggravated Fleeing or Attempt to Elude a Police
Officer
- Aggravated Reckless Driving
- Aggravated Speeding (Driving 40 Miles Per Hour or More In Excess of the Speed
Limit)
- Drag Racing
- Driving While License Suspended or Revoked (6-303)
- DUI – Driving Under the Influence of Alcohol
- DWI – Driving While Intoxicated
- Failure to Obey a Traffic Control Device
- Failure to Stop at a Stop Sign
- Fleeing or Attempting to Elude a Police Officer
- Improper Lane Usage
- Leaving the Scene of a Property or Personal Injury Accident
- Open Alcohol in Automobile
- Passing a School Bus While Stop Sign is Out
- Petitions to Rescind Statutory Summary Suspensions (Suspensions Resulting
from DUI Arrest)
- Reckless Driving
- Reckless Homicide
- Speeding
- Speeding In a Construction Zone
- Speeding In a School Zone
- All Other Traffic Violations
Traffic violations classified as misdemeanors
can be punishable by a fine, a jail sentence or
both. Persons charged with such offenses should
consult an attorney immediately.
The most commonly prosecuted misdemeanor traffic
offenses include the following:
- Drag Racing
- Driving Under the Influence (DUI)
- Driving on a Suspended or Revoked License
- Fleeing or Attempting to Elude the Police
- Leaving the Scene of a Property Damage Accident
- Leaving the Scene of an Accident Involving Death or Injury
- Reckless Driving
- Speeding 40 mph or More in Excess of the Limit
The loss of driving privileges
can cause great hardship for many individuals.
Since DUI and traffic violations affect your
insurance premiums and possibly even your right
to drive, it would be wise to consult with experienced
attorneys before you plead guilty on a DUI charge
or file for informal or formal hearing to restore
your driving privileges. You may be eligible
for traffic school or
for a restricted driving permit or reinstatement
with the Secretary of State's office.
Mr. Baker
served as a prosecutor for
eight years. By negotiating with the State's Attorney's
Office when appropriate, we help our clients avoid
time-consuming and costly DUI litigation. However,
if we deem a more aggressive approach is in our
client's best interest, we have a track record
of successfully defending clients charged with
DUI in courtrooms throughout Illinois: Rolling
Meadows courthouse, Skokie Court at Old Orchard,
Traffic court, Daley Center, Bridgeview, Maywood,
Markham, DUI in Lake county (Waukegan) or DuPage
county court (Wheaton) and McHenry County. Illinois DUI cases, Court listings.
|
Sanctions for those convicted
of driving drunk:
| Conviction |
Loss of license |
Jail |
Fine |
Community Service |
Driving Permit |
| 1st (Class A Misd.) |
1-year min. |
Possible imprisonment up to 1 year |
Up to $2,500 |
None |
May apply for restricted permit |
| 2nd w/in 20 yrs. (Class A Misd.) |
5-year min. |
Possible imprisonment up to 1 year;
mandatory 2 days jail or 10 days comm. service for 2nd conv.
in 5 years |
Up to $2,500 |
10 days (or 2 days in jail) |
May apply for restricted permit |
| 3rd DUI (Class 4 Felony) |
10-year min. |
1-3 years possible imprisonment |
Up to $25,000 |
If given probation, possible 30 days
comm. service or 48 hours of jai |
May apply for restricted permit |
| 4th or more DUI (Class 4 Felony) |
For life |
1-3 years possible imprisonment |
Up to $25,000 |
If given probation, possible 30 days
comm. service or 48 hours of jail |
Not eligible |
Statutory summary
suspension penalties:
| |
Loss of license |
Driving Permit |
| Failed chemical test, 1st offense |
3 months |
Eligible for judicial permit on 31st
day of suspension |
| 1st refusal of chemical test |
6 months |
Eligible for judicial permit on 31st
day of suspension |
| 2nd or more chemical test failure |
12 months |
Not eligible for judicial permit; must
apply for restricted driving permit; not effective until
91st suspension day |
| 2nd or more refusal of chemical test |
36 months |
Not eligible for judicial permit; must
apply for restricted driving permit; not effective until
25th suspension month |
CENTRAL STATES INSTITUTE (CSI) OF ADDICTION ALCOHOL AND DRUG
ASSESSMENT SERVICES: DUI
Evaluation Appointments
DUI evaluations may be scheduled at one of six locations by
calling the scheduling center at 312-948-6001. Llame
el centra de pitas al 312-948-6001 para planificar
una cita para evaluation de DUI.
Non-moving violations
typically involve illegal parking; parking in front of a fire
hydrant, parking in a posted non-parking zone or at an expired
meter. In Cook County every suburb has its own parking tickets.
In the City of Chicago parking tickets are a bright orange color.
A parking ticket may be contested by either an in-person hearing
or by mail. In 
Van
Harken v. City of Chicago, the plaintiffs, both
individually and as class representatives, filed an action
against
the City of Chicago, challenging the constitutionality of the
Administrative Adjudication of Parking or Compliance Violations
ordinance Chicago Municipal Code §9-100-010 et seq. (1998)
The court found that the Ordinance does not violate either
the Separation
of Powers Clause or the Due Process Clause of the Illinois
Constitution. Ill. Const. 1970, art. II, sec.1, art. I, sec.2.
In Illinois, conviction for three moving violations
within a year may result in the suspension of your driver's
license by the Secretary of State. Moving violations include
offenses such as speeding, reckless driving and driving under
the influence, some of which may be punishable by a loss of
your drivers license, jail and/or fine. In addition, convictions
recorded on your driving record may result in insurance cancellation
or increased premiums. You may have a variety of legal defenses
for trial. It may be possible to get your case dismissed, or
to obtain a plea bargain in order to minimize the penalties.
You may be eligible to attend Traffic
Safety School to avoid a judgment of conviction.
Throughout Cook County a moving violation ticket
will state either that you must appear in court giving you a
time and place to appear or you will receive an envelope with
which you can avoid a court appearance. The envelope gives you
three choices. You may plead guilty, pay a fine and receive
a conviction against your driving record. Or, you can elect
to attend Traffic
Safety School and avoid a conviction against your record.
Or, you can plead not guilty to the charge and request a court
hearing. The Clerk of the Court will mail a post card to you
telling you when and where to be in court.
Basic
Speed Rule: A person shall not drive a vehicle upon any
highway at a speed which is greater than is reasonable and proper
with regard to traffic conditions and the use of the highway,
or endangers the safety of any person or property. 625 ILCS
5/11-601(a).
1st or 2nd speed law offenses are Petty Offenses.
A 3rd or subsequent speed law offense (within 1 year) is a
Class C misdemeanor, 625 ILCS 5/16-10, year, not more than
30 days jail, 730 ILCS 5/5-8-3(a)(3). Driving > 40 MPH over the speed limit is a Class A misdemeanor,
625 ILCS 5/11-601.5, any jail term less than 1 year. 730 ILCS
5/5-8-3(1) Speed
Restrictions, Illinois (625 ILCS 5/)
Statutory Speed Limit: 65 MPH: (1) on Illinois
toll highways and (2) on highways that are divided and have
at least 4 lanes 625 ILCS 5/11-601(b) & (d);
55 MPH on all other highways, roads or streets outside an
urban district 625 ILCS 5/11-601(b) & (d) 55 MPH for Second
Division Vehicles weighing >8,001 lbs. 625 ILCS 5/11-601(e);
30 MPH in an urban district, 625 ILCS 5/11-601(b) & (c)(1);
15 MPH in an urban district alley, 625 ILCS 5/11-601(b) & (c)(2).
The 65 MPH speed limit applies either (1)
to vehicles which are designed to carry not more than 10
persons (First Division vehicles) or (2) to Second Division
vehicles
which have a gross weight of <8,000 lbs. A Second Division
Vehicle is defined as one (1) designed to carry 10 or more
persons, (2) use for living quarters, (3) designed to carry
or pull property, freight or cargo and (4) a registered school
bus regardless of the number of students it is designed to
carry. 625 ILCS 5/1-217 & 5/11-601(d).
If you are arrested for Driving
Under the Influence (alcohol, drugs or combination
thereof) and fail a blood
alcohol level test or refuse to submit to
a test, your license will be suspended starting 46 days after
the arrest. Before the suspension starts, you may request to
have a hearing in court which will stop the suspension. Also,
you may be eligible for a Judicial Driving Permit license for
work or medical reasons while your license is suspended. If
you go to court, you will appear before a judge. The judge will
ask you if you are guilty or not guilty. The policeman who gave
you the ticket will be there to testify.
You are entitled to a trial before a jury.
You also are entitled to have a lawyer and to subpoena witnesses
to testify for you, and to cross-examine any evidence presented
against you. The judge will give you at least one continuance
so that you may obtain a lawyer and interview potential witnesses.
If you are convicted of a DUI, your driver's
license and driving privileges will be revoked for a minimum
of one year for the first offense, five years for a second offense
committed within a 20-year period, and 10 years for a third
or subsequent offense. However, if you are under age 21 at the
time of the DUI conviction, your driver's license and driving
privileges will be revoked for a minimum of two years for your
first offense; for five years or until your 21st birthday, whichever
is longer, for your second offense; and for 10 years for a third
or subsequent offense.
DUI CONVICTION: Driving under
the influence of alcohol and/or any other drug(s) or intoxicating
compound(s) that endanger safe driving will cause mandatory
revocation of your driver’s license, plus criminal penalties
of up to 364 days in jail and a fine up to $2,500. If you
are under 21 at the time, you cannot get another license for
1 year after revocation. If you then meet conditions set by
the Secretary of State, you can get a restricted driving permit,
good for 1 year, that generally allows driving only between
5 a.m. and 9 p.m. After that, you can apply for (but are not
assured of getting) a regular driver’s license.Those
are the penalties for a first offense. For a second offense
within 20 years, the same criminal penalties apply, your
license
will be revoked, and you cannot apply for another license
for 5 years. You can also be sentenced to 48 hours in jail
or 10 days of community service. For a third conviction,
which
is a class 4 felony, you can be imprisoned up to 3 years
and fined up to $25,000; your license will be revoked; and
you
cannot apply for another one for 10 years. For a fourth offense,
you can be imprisoned up to 3 years, fined up to $25,000,
and can NEVER AGAIN legally drive.
Sentence of Imprisonment for Misdemeanor (730 ILCS
5/Sec.5-8-3) A sentence of imprisonment for a misdemeanor
shall be for a determinate term according to the following limitations:
(1) for a Class A misdemeanor, for any term less than
one year; (2) for a Class B misdemeanor, for not more than 6
months; (3) for a Class C misdemeanor, for not more than 30
days.
Authorized
fines. (730 ILCS 5/Sec. 5-9-1.) (a) An offender may
be sentenced to pay a fine which shall not exceed for each
offense: for a Class A misdemeanor, $2,500 or the amount
specified in the offense, whichever is greater; for a Class
B or Class C misdemeanor, $1,500; (4) for a petty offense,
$1,000 or the amount specified in the offense, whichever
is less.
Statutory
Summary Suspension
Illinois DUI and Summary Suspension
cases
Penalties
for Possessing Marijuana
| Amount in Grams* |
Max. prison |
Max Fines |
Assessment |
| Up to 2.5 |
30 days |
$1,500 |
$ 200 |
| 2.5 to 10 |
6 months |
$1,500 |
$ 200 |
| 10 to 30 |
364 days |
$2,500 |
$ 300 |
| 30 to 500 |
3 years |
$25,000 |
$ 500 |
| 500 to 2,000 |
5 years |
$25,000 |
$ 500 |
| 2,000 to
5,000 |
7 years |
$25,000 |
$ 1000 |
| Over 5,000 |
15 years |
$25,000 |
$ 2000 |
* There are about 28 grams in an ounce.
Ü Penalty is higher for a repeat offense.
Sources: 720 ILCS 550/4; penalties by class of crime
stated in 730 ILCS 5/5-8-1, 5/5-8-3, and 5/5-9-1; and
assessments required by 720 ILCS 550/10.3(a).
This general information about
the law is not intended as legal advice about any particular
problem. If you have a serious problem involving a traffic violation,
you should consult a lawyer.
Rule
11.1 of the Circuit Court of Cook County changed the
procedure for filing and scheduling hearings on Petitions to
Rescind Statutory Summary Suspensions. Based on the changes,
the petitions may be filed in Cook County courthouses other
than the courthouse where the matter is pending
re eligible, the Secretary of State will
issue and mail the Judicial Driving Permit to you. If you need
to apply for a corrected or duplicate Judicial Driving Permit,
you may contact the court for the appropriate order.
What is a Zero Tolerance Suspension?
A driver under age 21 who is arrested for any
violation of the Illinois Vehicle Code will be asked to submit
to chemical testing if the arresting officer has reason to believe
the driver has consumed any amount of an alcoholic beverage.
Refusal to submit to this testing will result in a six or 24-month
suspension. Submission to testing that reveals a blood alcohol
concentration of more than 0.00 will result in a three or 12-month
suspension.
What happens if I am convicted of DUI?
Driving under the influence of alcohol and/or
any other drug(s) or intoxicating compound(s) that endanger
safe driving will cause mandatory revocation of your driver’s
license, plus criminal penalties of up to 364 days in jail and
a fine up to $2,500. If you are under 21 at the time, you cannot
get another license for 1 year after revocation. If you then
meet conditions set by the Secretary of State, you can get a
restricted driving permit, good for 1 year, that generally allows
driving only between 5 a.m. and 9 p.m. After that, you can apply
for (but are not assured of getting) a regular driver’s
license.Those are the penalties for a first offense. For a
second
offense within 20 years, the same criminal penalties apply,
your license will be revoked, and you cannot apply for another
license for 5 years. You can also be sentenced to 48 hours
in
jail or 10 days of community service. For a third conviction,
which is a class 4 felony, you can be imprisoned up to 3 years
and fined up to $25,000; your license will be revoked; and
you
cannot apply for another one for 10 years. For a fourth offense,
you can be imprisoned up to 3 years, fined up to $25,000, and
can NEVER AGAIN legally drive.
If convicted of DUI while transporting a person
under age 16, you will be fined a minimum of $500 and required
to serve five days of community service in a program benefiting
children.
A DUI also will subject you to high risk auto
insurance rates for three years. Before your driving privileges
are restored, you will be required to undergo an alcohol and
drug evaluation and successfully complete a rehabilitation or
an alcohol and drug education program and/or meet other requirements.
@ 730 ILCS 5/5-6-1 (2000) Disposition
of Supervision
(c) The court may, upon a plea of guilty or
a stipulation by the defendant of the facts supporting the charge
or a finding of guilt, defer further proceedings and the
imposition of a sentence, and enter an order for supervision
of the defendant, if the defendant is not charged with a
Class A misdemeanor, as defined by the following provisions
of the Criminal Code of 1961: Sections 12-3.2; 12-15; 31-1;
31-6; 31-7; subsections (b) and (c) of Section 21-1; paragraph
(1) through (5), (8), (10), and (11) of subsection (a) of Section
24-1; and Section 1 of the Boarding Aircraft With Weapon Act
[720 ILCS 5/12-3.2; 720 ILCS 5/12-15; 720 ILCS 5/31-1; 720 ILCS
5/31-6; 720 ILCS 5/31-7; 720 ILCS 5/21-1; 720 ILCS 5/24-1; and
720 ILCS 545/1]; or a felony.
If the defendant is not barred from receiving
an order for supervision as provided in this subsection, the
court may enter an order for supervision after considering the
circumstances of the offense, and the history, character and
condition of the offender, if the court is of the opinion that:
(1) the offender is not likely to commit further crimes;
(2) the defendant and the public would be best served if
the defendant were not to receive a criminal record; and
(3) in the best interests of justice an order of supervision
is more appropriate than a sentence otherwise permitted under
this Code.
(d) The provisions of paragraph (c) shall not
apply to a defendant charged with violating Section 11-501 [DUI
provision] of the Illinois Vehicle Code [625 ILCS 5/11-501]
or a similar provision of a local ordinance when the defendant
has previously been: (1) convicted for a violation of Section
11-501 of the Illinois Vehicle Code [625 ILCS 5/11-501] or a
similar provision of a local ordinance or any similar law
or ordinance of another state; or (2) assigned supervision
for a violation of Section 11-501 of the Illinois Vehicle Code
[625 ILCS 5/11-501] or a similar provision of a local ordinance
or any similar law or ordinance of another state; or
(3) pleaded guilty to or stipulated to the facts supporting
a charge or a finding of guilty to a violation of Section 11-503
of the Illinois Vehicle Code [625 ILCS 5/11-503] or a similar
provision of a local ordinance or any similar law or ordinance
of another state, and the plea or stipulation was the result
of a plea agreement.
The
1999 amendment by P.A. 91-114, effective January 1, 2000, inserted "or any similar law or ordinance of another state" in
subdivisions (d)(1), (d)(2) and (d)(3).
@730 ILCS 5/5-6-3.1 (Sec. 5-6-3.1)
Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision,
the court shall enter an order for supervision specifying the
period of such supervision, and shall defer further proceedings
in the case until the conclusion of the period.
(b) The period of supervision shall be reasonable
under all of the circumstances of the case, but may not be longer
than 2 years, unless the defendant has failed to pay the assessment
required by Section 10.3 of the Cannabis Control Act or Section
411.2 of the Illinois Controlled Substances Act, in which case
the court may extend supervision beyond 2 years.
(d) The court shall defer entering any judgment
on the charges until the conclusion of the supervision.
(e) At the conclusion of the period of supervision,
if the court determines that the defendant has successfully
complied with all of the conditions of supervision, the court
shall discharge the defendant and enter a judgment dismissing
the charges.
(f) Discharge and dismissal upon a successful
conclusion of a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction for
purposes of disqualification or disabilities imposed by law
upon conviction of a crime. Two years after the discharge
and dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance, or for a violation of Sections
12-3.2 or 16A-3 of the Criminal Code of 1961, in which case
it shall be 5 years after discharge and dismissal, a person
may have his record of arrest sealed or expunged as may be provided
by law. However, any defendant placed on supervision before
January 1, 1980, may move for sealing or expungement of his
arrest record, as provided by law, at any time after discharge
and dismissal under this Section. A person placed on supervision
for a sexual offense committed against a minor as defined in
subsection (g) of Section 5 of the Criminal Identification Act
or for a violation of Section 11-501 [DUI provision] of the Illinois Vehicle Code or a similar provision of a local
ordinance shall not have his or her record of arrest sealed
or expunged.
- Illinois
DUI and Summary Suspension cases
- Cook
County Circuit Court : The Circuit Court of Cook
County has a Web site, one "developed by the Office of the Chief
Judge to make court information easily accessible to both
the public and the legal profession," the court announced.
- Links:
Criminal, DUI & Traffic Law
- Rules
of the Road
- Traffic Safety
School On Line
- Traffic
FAQ
- Drinking & Driving Violations Driving While Intoxicated...and
Reckless Driving (625 ILCS 5/11-500 to 5/11-505)
- Driving Without a License / With a Suspended License Violation
of License Provisions (625 ILCS 5/6-301 to 5/6-307)
- Driving Without Insurance / With Insufficient Insurance Mandatory
Insurance (625 ILCS 5/7-601 to 5/7-610)
- Driving Without Registration / With Expired Registration
Offenses Against Registration (625 ILCS 5/3-701 to 5/3-711)
- Illegal U-Turn Turning and Starting and Signals on Stopping
and Turning (625 ILCS 5/11-801 to 5/11-806)
- Leaving the Scene of an Accident / Hit & Run Accidents
(625 ILCS 5/11-401 to 5/11-416)
- Mechanical Violations Equipment of Vehicles (625 ILCS 5,
Chapter 12)
- Reckless Driving Driving While Intoxicated...and Reckless
Driving (625 ILCS 5/11-500 to 5/11-505)
- Running a Red Light / Stop Sign Traffic Signs, Signals, and
Markings (625 ILCS 5/11-301 to 5/11-313)
- Seat Belt / Child Restraint Violations Seat Safety Belts
(scroll to 625 ILCS 5/12-603 to 5/12-603.1)
Speeding Speed Restrictions (625 ILCS 5/11-601 to 5/11-611)
