Posted on October 15, 2015 in DUI

When you have lost your driving privileges due to a conviction on charges of driving under the influence (DUI), your life can be greatly affected. You may struggle with maintaining employment, continuing your education, and even caring for family members in need. Depending upon the circumstances of your case, however, you may be eligible for partial relief in the form of a Monitoring Device Driving Permit or a Restricted Driving Permit which may allow you to resume some of your normal activities.

Monitoring Device Driving Permits

The state of Illinois offers two different forms of driving relief for those whose driving privileges have been suspended or revoked related to a DUI. The first is called a Monitoring Device Driving Permit, or MDDP, which is available for almost all first-time offenders during the period of statutory summary suspension for failing or refusing a chemical test for blood alcohol content. The MDDP allows a driver to operate a vehicle at any time, in any place, as long the vehicle is properly equipped with a Breath Alcohol Ignition Interlock Device (BAIID). The MDDP, however, must be surrendered upon conviction on DUI charges, as the conviction typically results in the revocation of driving privileges, not just a suspension.

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 Posted on September 22, 2015 in Juvenile crime

Although a ruling by the Illinois Supreme Court last fall affirmed the constitutionality of automatic transfer of juveniles to adult court in certain cases, the state’s High Court urged legislators to review the existing process. In People v. Patterson, the Supreme Court determined that, while process in juvenile court is not a guaranteed right of a defendant, more judicial oversight and discretion would help improve effectiveness of the criminal court system. As of now, the court opined, the use of mandatory transfers fails to address the individuality of a situation, which is often necessary in juvenile cases.

House Bill 3718

In response to the urging of the Supreme Court, a measure was introduced to the Illinois House in February of 2014 designed to reduce the use of automatic transfers to adult courts for juveniles. With the help of sponsors Representative Elaine Nekritz, D-Northbrook, and Senator Kwame Raoul, D-Chicago, the bill was passed by both the House and Senate fairly easily and sent to Governor Bruce Rauner for approval earlier this summer. Governor Rauner signed the legislation in August, and the law is set to take effect on January 1, 2016.

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 Posted on August 28, 2015 in Juvenile crime

As the new school year gets underway, many students are experiencing a whole new world of opportunity. Incoming college freshmen, in particular, may be enjoying a sense of freedom that they have never felt before. Many students will use this newfound independence to develop an identity as an adult and to practice self-discipline. For others, however, this means underage drinking and the use of fake IDs to buy alcohol or to get into bars and clubs. While they may seem like rites of passage for college students, both are against the law, and can lead to serious consequences and criminal penalties.

Several Applicable Laws

In Illinois, there are a number of statutes that expressly address the use of a falsified identification card or driver’s license. The Illinois Vehicle Code, the Illinois Identification Card Act, and the Illinois Liquor Control Act all contain provisions prohibiting the possession of a fake ID and the fictitious use of a legitimate identification card.  Depending upon the circumstances of each case, the applicable law and the subsequent penalties may vary. Prosecution, however, will generally range from a Class A misdemeanor, with a $500 minimum fine, to a Class 4 felony, with the same minimum fine but increased maximum penalties.

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 Posted on July 24, 2015 in Cook County criminal attorney

When you are going though an airport, you understand to a degree that civil authorities are looking to keep air travel safe, and sometimes that means that your luggage may be subject to dog sniff by an animal trained to detect explosive materials. Like it or not, submitting to such measures is part of the trade-off in being granted the privilege to travel by air. Your home, however, is a different story. Under the constitution, you are protected against unlawful search and seizure of your property which, as the United States Supreme Court has decided, includes a warrantless sniff for drugs by a police dog.

Warrantless dog sniffs were declared unconstitutional by the U.S. Supreme Court’s ruling in Florida v. Jardines back in 2013. In that case, police had received a tip that Miami man was growing marijuana in his home. A detective went to the home and after observing for 15 minutes without approaching the door, brought a drug-sniffing dog onto the premises. The dog apparently detected the scent of marijuana and alerted his handler. Based solely on the behavior of the dog, police obtained a search warrant and proceeded to search the home, finding a number of marijuana plants.

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 Posted on June 26, 2015 in DUI

Nearly everyone understands the driving under the influence is against the law, and a DUI conviction can lead to serious criminal consequences. What many may not realize, however, is that certain administrative penalties may also be imposed by the state, regardless of the outcome of DUI criminal proceedings. The most significant of such penalties is the statutory summary suspension of driving privileges which, in Illinois, is handled by the Office of the Secretary of State.

When Suspensions May Be Imposed

If you have been pulled over on suspicion of DUI, there are several situations in which you could automatically have your driver’s license suspended. The length of the statutory suspension is dependent on your choices and your previous history of DUI-related suspensions. Your license will be automatically suspended if you:

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 Posted on May 22, 2015 in Illinois attorney

Despite going into effect in January of 2014, the Illinois pilot program regarding the medical use of marijuana has yet to get off the ground. This week, the state Senate approved a measure that would extend the program for two more years so that a full evaluation of the effort’s viability can be conducted. The future of the extension, however, remains uncertain as Governor Bruce Rauner has not indicated that he is likely to sign the bill.

Pilot Program History

In 2014, the Compassionate Use of Medical Cannabis Pilot Program Act took effect making the medical use of marijuana legal in the state for appropriately registered individuals with specified conditions. Registration for the program is handled by the state, as is licensing for approved marijuana dispensaries. Delays in licensing and other concerns, however, have left registered cardholders, numbering in excess of 2000 as of April 2015, unable to legally acquire marijuana.

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 Posted on April 29, 2015 in Uncategorized

Skokie Aggravated Speeding Ticket attorney Matthew R Gebhardt examines the offense of aggravated speeding in the Skokie Courthouse in Illinois.

Most drivers have received at least one speeding ticket over the course of their driving history. While your experience with past speeding tickets may lead you to believe that this is a minor issue, the laws in Skokie, Illinois have changed dramatically in recent years. As such, the phrase “it’s only a traffic ticket” no longer applies in Skokie Courthouse. Recent changes to the traffic laws have greatly increased the penalties for speeding in Skokie Courthouse while at the same time lowering the threshold for determining what amounts to the more serious “Aggravated Speeding” charges. Skokie speeding ticket attorney Matthew R Gebhardt is well-versed in these changes and can assist you in preserving your driving privileges.

Skokie aggravated speeding ticket lawyer Matthew R Gebhardt has included some of the most recent changes below:

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 Posted on April 29, 2015 in Uncategorized

Rolling Meadows Aggravated Speeding Ticket attorney Matthew R Gebhardt examines the offense of aggravated speeding in the Rolling Meadows Courthouse in Illinois.

Most drivers have received at least one speeding ticket over the course of their driving history. While your experience with past speeding tickets may lead you to believe that this is a minor issue, the laws in Rolling Meadows, Illinois have changed dramatically in recent years. As such, the phrase “it’s only a traffic ticket” no longer applies in Rolling Meadows Courthouse. Recent changes to the traffic laws have greatly increased the penalties for speeding in Rolling Meadows Courthouse while at the same time lowering the threshold for determining what amounts to the more serious “Aggravated Speeding” charges. Rolling Meadows speeding ticket attorney Matthew R Gebhardt is well-versed in these changes and can assist you in preserving your driving privileges.

Rolling Meadows aggravated speeding ticket lawyer Matthew R Gebhardt has included some of the most recent changes below:

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 Posted on April 29, 2015 in Uncategorized

Round Lake Beach Aggravated Speeding Ticket attorney Matthew R Gebhardt examines the offense of aggravated speeding in the Round Lake Beach Courthouse in Illinois.

Most drivers have received at least one speeding ticket over the course of their driving history. While your experience with past speeding tickets may lead you to believe that this is a minor issue, the laws in Round Lake Beach, Illinois have changed dramatically in recent years. As such, the phrase “it’s only a traffic ticket” no longer applies in Round Lake Beach Courthouse. Recent changes to the traffic laws have greatly increased the penalties for speeding in Round Lake Beach Courthouse while at the same time lowering the threshold for determining what amounts to the more serious “Aggravated Speeding” charges. Round Lake Beach speeding ticket attorney Matthew R Gebhardt is well-versed in these changes and can assist you in preserving your driving privileges.

Round Lake Beach aggravated speeding ticket lawyer Matthew R Gebhardt has included some of the most recent changes below:

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 Posted on April 29, 2015 in Uncategorized

Park City Aggravated Speeding Ticket attorney Matthew R Gebhardt examines the offense of aggravated speeding in the Park City Courthouse in Illinois.

Most drivers have received at least one speeding ticket over the course of their driving history. While your experience with past speeding tickets may lead you to believe that this is a minor issue, the laws in Park City, Illinois have changed dramatically in recent years. As such, the phrase “it’s only a traffic ticket” no longer applies in Park City Courthouse. Recent changes to the traffic laws have greatly increased the penalties for speeding in Park City Courthouse while at the same time lowering the threshold for determining what amounts to the more serious “Aggravated Speeding” charges. Park City speeding ticket attorney Matthew R Gebhardt is well-versed in these changes and can assist you in preserving your driving privileges.

Park City aggravated speeding ticket lawyer Matthew R Gebhardt has included some of the most recent changes below:

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