Posted on April 29, 2015 in Uncategorized

Mundelein Aggravated Speeding Ticket attorney Matthew R Gebhardt examines the offense of aggravated speeding in the Mundelein 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 Mundelein, Illinois have changed dramatically in recent years. As such, the phrase “it’s only a traffic ticket” no longer applies in Mundelein Courthouse. Recent changes to the traffic laws have greatly increased the penalties for speeding in Mundelein Courthouse while at the same time lowering the threshold for determining what amounts to the more serious “Aggravated Speeding” charges. Mundelein speeding ticket attorney Matthew R Gebhardt is well-versed in these changes and can assist you in preserving your driving privileges.

Mundelein 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 Traffic Law

If you are like most Illinois residents, your driver’s license is your primary form of identification. You have probably been asked to present it while cashing a check, seeking medical care, or purchasing a bottle of wine. Up until recently, however, certain traffic offenses in Illinois could require you to post your license as a bond, ensuring you would comply with the directives of the citation. Fortunately, state lawmakers recognized the inherent problem with that system and spent much of the last two years working to change it. On January 1, 2015, the change became reality as the new “sign and drive” law took effect.

Sign and Drive Legislation

The measure was introduced before the Illinois Senate by Senator Michael Noland, D-Elgin, back in May of 2013. Noland sponsored the bill as an acknowledgement that confiscating a person’s license as bond, rather than as an administrative penalty for wrongdoing created undue hardship for that person. Being found guilty of an offense, such as DUI or failing to comply with court procedures, should certainly have consequences, which may include suspended driving privileges, lawmakers contended. However, “with this bill,” Senator Noland said, “Illinois drivers will be able to keep their driver’s license which is used as a primary form of identification for receiving services related to banking, travel, education, and more.”

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 Posted on April 21, 2015 in Uncategorized

Round Lake Beach Traffic Attorney Matthew R Gebhardt examines the offense of driving while license is suspended or revoked in Round Lake Beach, Illinois.

Round Lake Beach, Illinois suspended driver’s license defense attorney Matthew R. Gebhardt represents clients charged with driving with a suspended driver’s license in Round Lake Beach, Illinois and throughout Lake County. Round Lake Beach attorney Matthew R Gebhardt discusses what options you may have in court.

Driving with a suspended license is typically a misdemeanor in Round Lake Beach, Illinois. There are some aggravating circumstances that can cause it to become a felony, however. Either way, this charge can seriously jeopardize your driving privileges, lead to a lengthened suspension, and may even lead to jail time.

The best way to defend this charge in Round Lake Beach, Illinois is to attempt to resolve the issue(s) that originally caused the suspension. At the The Law Offices of Matthew R. Gebhardt, P.C., we can examine your driving record to determine why your license was suspended and if there is an opportunity to remedy the problem. In some cases, there are many problems on your record that have caused the suspension, and you should attempt to remedy as many as possible.

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 Posted on April 21, 2015 in Uncategorized

Round Lake Beach Traffic Attorney Matthew R Gebhardt examines the offense of speeding in Round Lake Beach, 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 Lake County, Illinois have changed dramatically in recent years. As such, the phrase “it’s only a traffic ticket” no longer applies in Lake County, Illinois. Recent changes to the traffic laws have greatly increased the penalties for speeding in Lake County, Illinois while at the same time lowering the threshold for determining what amounts to the more serious “Aggravated Speeding” charges. Lake County speeding ticket attorney Matthew R Gebhardt is well-versed in these changes and can assist you in preserving your driving privileges.

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

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 Posted on March 27, 2015 in Criminal defense lawyer

The Fourth Amendment protects individuals from unreasonable search and seizures of their property by law enforcement. In most cases, police are required to obtain a warrant before they are allowed to search. However, the amendment does not guarantee against all search and seizures without a warrant. There are situations where the courts will allow evidence obtained without a warrant to be admitted.

Exceptions to a warrantless search of a person’s home are as follows:

• The police have been given permission to search;
• The person has already been arrested, and the house has been deemed in the person’s control. This is legally referred to as “search incident to arrest (SITA)”;

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 Posted on February 27, 2015 in Criminal Defense

According to the White House Office of National Drug Control Policy, “prescription drug abuse is the fastest-growing drug problem in the Nation.” On the state level, Illinois recognizes the seriousness of the situation as well, having already implemented a statewide Prescription Monitoring Program to help doctors and pharmacies identify potential issues quickly. In addition to the obvious dangers of abusing prescription drugs, doctors are also acutely concerned that many who abuse prescription medication will eventually turn to heroin, cocaine, or other illegal substances.

The Illinois State Medical Society addressed this concern recently to the Illinois House Task Force on the Heroin Crisis, a bipartisan group formed to look for solutions to a growing problem. Recognizing the usefulness of the Prescription Monitoring Program (PMP), the doctors’ group presented a 30 page proposal to the task force that, in essence, would strengthen the program and more easily identify “doctor shopping” and other drug-seeking behavior.

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 Posted on January 16, 2015 in DUI

Since the beginning of the New Year, law enforcement officers have a new tool to collect evidence against DUI suspects in nearby Lee County. Although Illinois is an implied consent state, which means that drivers gave consent to a chemical DUI test when they signed their drivers’ licenses, motorists can still refuse to take a breath, blood or urine test when asked to do so. In that case, the officer needs a search warrant to perform the test.

Lee County police have now worked out an arrangement with the State’s Attorney’s office to obtain search warrants electronically in as little as 20 to 30 minutes. For now, the new policy applies only to felony DUIs and those with aggravating circumstances, such as minor children in the car or a motor vehicle accident.

In 2014, there were three fatal reckless homicides involving alcohol and drugs in Lee County.

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 Posted on January 12, 2015 in Uncategorized

Lake County Retail Theft Lawyer

Lake County, Illinois Retail Theft Attorney Matthew R. Gebhardt examines the offense of Retail Theft and its penalties under the laws of the State of Illinois.

Retail theft, or shoplifting, can seem like a minor crime, but it’s not. Convictions for retail theft can have serious and lasting negative consequences. Depending on the value of the item stolen, shoplifting can be charged as an ordinance violation, misdemeanor or a felony in Lake County, Illinois. Convictions can result in fines and jail time. Additionally, retail theft is considered a “crime of moral turpitude,” which can negatively impact citizenship status.

Definitions of Retail Theft

The “traditional” retail theft occurs when a person knowingly:

(1) Takes possession of, carries away, transfers or causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise.

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 Posted on January 12, 2015 in Real Estate

Illinois Real Estate Attorney Matthew R Gebhardt discusses the contract negotiating process in Illinois.

So you have found your new home. Next step is to sign the contract and go to the closing right? Unfortunately, buying a home is usually not that simple. In this series of blog posts, Illinois Real Estate Lawyer Matthew R Gebhardt will examine the process of home buying in Illinois from start to Finish.

Part 1:

Contract Negotiation

Once you find the property you wish to purchase, you will have to make an offer. Many things must be considered when determining what amount to offer for a property. Some of the most important are:

1. Property Condition
2. Property Tax Amount
3. Schools and amenities near the property.
4. Commute time to work and schools
5. Neighborhood crime statistics
6. Utility bills
7. Association dues if applicable

Once you have taken all of the above into consideration, you should base your offer on a figure that assumes you will receive no further concessions from the seller. Often times buyers assume a seller will fix a leaning fence or repair bad plumbing. Do not make this mistake. Your offer should assume that you are buying the house in “as-is” condition. Do not make the mistake of over-inflating your offer by 10 thousand dollars because you assume the seller will be undertaking repairs or offering you repair credits. Make and offer that you are comfortable with assuming you are buying the house “as-is”.

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 Posted on December 20, 2014 in DUI

A DUI conviction in Illinois can mean a licenses suspension of up to one year for a first offense. However, if you agree to have a Breath Alcohol Ignition Interlock Device installed in your vehicle, you can stay on the road.

How It Works

Colloquially known as a “blow and go,” a BAIID is essentially a portable breathalyzer that is connected to the vehicle’s ignition switch. A fuel cell inside the device analyzes the driver’s breath sample. If the alcohol concentration is above a predetermined level, the fuel cell triggers a relay to remain open, and the vehicle will not start. In Illinois, as in most other jurisdictions, that “predetermined level” is .025.

Additionally, the driver must submit to random rolling retests. Generally, for safety reasons, the car does not stop right away in the event of a failure, but it will not restart after the ignition is turned off.

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