The Secretary of State can suspend a person’s driver’s license for certain offenses

May 13, 2010
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The law in Illinois says that the Secretary of State has authority to suspend a person’s driver’s license upon a report of a conviction for certain offenses. The information is reported to the Secretary of State by the Circuit Clerk for each county courthouse. The clerk’s computer system is linked with the Secretary of State […]

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What is the legal definition of great bodily harm?

April 25, 2010
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If a person causes great bodily harm to another while committing a criminal offense, the charge is usually a felony. What is the definition of great bodily harm? The Illinois Criminal Code of 1961 does not specify which injuries constitute great bodily harm. The question is for the jury to decide. When defendants have been […]

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I got arrested for battery. What are the penalties under Illinois law?

April 18, 2010
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Battery is a criminal offense in Illinois that is classified as a misdemeanor, unless there is serious injury. In cases of serious injury, battery is charged as a felony. Battery is found in the criminal code at 720 ILCS 5/12-3, which provides the following: A person commits battery if he (or she) intentionally or knowingly […]

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What is the law on texting and driving in Illinois?

April 11, 2010
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The legislature passed a law in Illinois in 2009 that prohibits texting while driving. The law went into effect on January 1, 2010. The law is set forth in the Illinois Vehicle Code at 625 ILCS 5/12-610.2. The statute prohibits more than just texting, however. A driver cannot text, instant message, email, or surf the […]

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The police officer asked me to follow a pen with my eyes. Is that a field sobriety test?

April 9, 2010
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During a traffic stop, if a police officer suspects that a driver is intoxicated, he will use special training to assist him in making the decision whether to arrest. The police officer will ask the motorist to participate in field sobriety tests (e.g. FSTs) to determine whether the driver is impaired. The National Highway Traffic […]

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I had an accident and now I have a traffic court date. Is a guilty plea going to affect my insurance?

April 8, 2010
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A driver who is ticketed after a motor vehicle accident is confronted with two important issues: How will the ticket affect the person’s driver’s license? Will the ticket have consequences for that person’s insurance? The issue of whether the traffic ticket will result in a suspended or revoked license is addressed in other articles in […]

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If I get pulled over for DUI, should I take the breath test?

March 30, 2010
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An arrest for DUI is a serious matter. Generally, there are no easy answers about whether a person should take the breathalyzer test. But there are a few principles that may influence the decision. First, there are two opportunities to take a breath test. The first opportunity will occur on the side of the road […]

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What is the law on failure to reduce speed to avoid an accident in Illinois?

March 28, 2010
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After a traffic accident, the person who the police officer believes is at fault will get a ticket for failure to reduce speed to avoid an accident. Failure to reduce speed to avoid an accident is a petty offense. A petty offense in Illinois is punishable by fine only, with a maximum fine of $1,000. […]

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What is the law in Illinois on assault?

March 28, 2010
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Assault is a criminal offense in Illinois that can result in imprisonment. The offense is codified at 720 ILCS 5/12-1 in Illinois criminal code. The statute provides that assault is a Class C misdemeanor offense. All Class C misdemeanor offenses in Illinois have a punishment of up to 30 days in jail and a fine […]

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What is Illinois law on speeding in a work zone?

March 13, 2010
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A speeding ticket in a work zone (e.g., construction zone) is an expensive offense under Illinois traffic law, and can result in a suspended driver’s license. The law is set out in the state vehicle code at 625 ILCS 5/11-605.1. The law provides that a ticket for speeding in a work zone has a mandatory […]

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