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What Options Are Available for First-Time DUI Offenders in Illinois?
Illinois law enforcement officers arrest approximately 27,000 people each year for driving under the influence of alcohol or drugs. Of those arrested, around 86 percent are first-time DUI offenders, and 91 percent lose their driving privileges in some capacity.
With the help of a skilled DUI lawyer, you may have your case dismissed if police did not read you your Miranda rights or failed to properly administer standardized field sobriety testing, or if your blood-alcohol concentration was incorrectly measured by a malfunctioning breathalyzer. If none of these occurred, your attorney can still help minimize the impact of the arrest on your everyday life. While police and the courts vigorously enforce Illinois DUI laws, there are allowances for those with no prior DUI arrests or convictions.
How to Pursue Injury Compensation After a Dog Attack
An enjoyable neighborhood walk or bike ride can turn nightmarish if you encounter an aggressive dog. The Centers for Disease Control and Prevention says around 4.7 million dog bites occur each year, with approximately 800,000 that require medical treatment. While large dogs like pit bulls and German shepherds can cause severe and disfiguring bite injuries, even small dogs can seriously injury such as attacking a bicyclist and causing a bike accident. These injuries can create high medical costs, loss of wages due to injury including unnecessary pain and suffering. In some instances, compensation for personal injury can be sought from the dog owner due to their negligence and inability to control their pet.
Rights of Dog Bite Victims
Most dog owners make mistakes and are unaware of the danger their pet possess. However, many are irresponsible and still take them out in public for walks and runs despite the risk of causing an accident or their animal attacking others nearby. Regardless of the circumstances, the Illinois Animal Control Act states that if a dog injured you and you did not provoke the animal or trespass on the owner’s property, the owner is liable for all costs related to your injuries. If you were peaceably conducting yourself in a location in which you were lawfully present, the owner is responsible for any injuries sustained.
What to Do if You Are in an Illinois Motorcycle Accident
Owning and riding a motorcycle can be a rewarding and enjoyable experience, and it provides the ability to travel freely across Illinois and the United States. Unfortunately, life as a motorcyclist can also be quite dangerous due to the negligent actions of other drivers.
The National Highway Traffic Safety Administration says around 90,000 motorcyclists are injured and 5,000 killed each year in motorcycle accidents throughout the U.S. Due to a motorcycle’s lack of structural protection, riders and passengers are 28 times more likely to die in an auto collision that those traveling in a standard automobile.
Anyone injured in an accident resulting from another driver’s negligence may be eligible for compensation to cover hospital and rehabilitation costs, lost wages, and pain and suffering.
Common Causes of Trucking Accidents in Illinois
After decades of decline, the number of fatal accidents involving large commercial vehicles is on the rise. In 2017, there was a 10 percent jump in truck accidents resulting in death across the United States, with a total of 4,657 people killed in crashes involving commercial trucks.
There are a number of reasons for the increase in tractor-trailer truck accidents nationwide. Truck drivers are susceptible to many of the same bad driving habits as everyone else on the road, but the potential for disaster is much greater. If you are injured in a trucking accident, after you seek medical treatment, contact an experienced personal injury attorney for help.
Some common reasons for serious truck accident injuries include:
Distracted Driving
Texting while driving is a national safety crisis, along with checking email and social media while behind the wheel and the use of non-hands-free cell phones. Almost 3,500 Americans were killed in distracted driving accidents during a recent 12-month period, with many thousands more injured.
What Are My Options for Fighting Drug Charges in Illinois?
A conviction on drug charges can have a lasting impact on your life, even for simple possession. A criminal record can limit your occupational opportunities, affect your eligibility for financial loans, and result in changes to child custody. If you face a drug charge in Illinois, it is imperative to work with an experienced criminal defense attorney who can protect your rights and your future.
Illinois Drug Charges
Like every state, the penalties for drug crimes depend on the substance and the amount seized by police. Charges will also differ depending on whether you were only in possession of drugs or if you had the intent to distribute. Charges will also increase for repeat offenders and if other factors are involved, including the sale of drugs on school property.
What Types of Negligence Lead to Auto Accident Injuries?
Each year, there are more than 300,000 motor vehicle accidents in Illinois, with approximately 65,000 crashes with injury and 1,000 individual fatalities. With over 9 million registered drivers in the state, many fail to practice safe driving habits, thus endangering other drivers on our roadways.
Driver negligence is a common cause of car accidents in Illinois and nationwide. If you or a loved one were injured in an auto accident due to another driver, it is imperative you contact an experienced personal injury attorney who can fight for compensation for medical bills, lost wages, and pain and suffering.
Here are some of the most frequent types of negligent driving that a skilled injury attorney can prove in court:
Speeding
On every interstate and expressway in the Chicago metropolitan area, you are likely to see drivers speeding well over the posted speed limit on a daily basis. The danger these drivers present cannot be overstated, as an estimated 37 percent of injury crashes and 34 percent of fatal collisions involve speeding.
Can I Still Drive After a DUI Arrest in Illinois?
With around 27,000 annual arrests for driving under the influence in Illinois, drunk driving is harshly enforced and prosecuted. Still, the court system recognizes that even citizens with flawless driving records make mistakes and that stripping an individual of their driver’s license can make life extremely difficult, especially when it affects a person’s ability to get to work every day.
Some DUI offenders are eligible to keep their driving privileges with the installation and use of a breath alcohol ignition interlock device (BAIID) in their vehicle. Around 10,000 Illinoisans currently utilize this system in order to complete necessary daily tasks.
What Is a BAIID?
A BAIID only allows a vehicle to start after the driver passes a breathalyzer test. The driver must also pass periodic tests while the vehicle is in use. A camera also captures an image of the driver as they take the breath test. All results are sent to the Illinois Secretary of State’s office, which performs audits of the information and revokes BAIID use if there is evidence of DUI or tampering with the device.
How Do I Receive Workers’ Compensation for Job-Related Injuries?
Accidents happen, and if you have been injured or fallen ill at work, you may be wondering how you are going to pay all your medical bills. If you are unable to work due to your injury or work-related illness, this can compound your issues, and you are probably worried about the bills that are piling up. Fortunately, you may qualify to receive workers' compensation, but in order to receive these benefits, you must follow the proper procedures.
What Qualifies As a Work-Related Injury or Illness
According to the Illinois Workers’ Compensation Act, workers’ compensation covers a wide range of issues affecting employees. An injury due to an accident at work is an obvious one, but some people may not realize that they may also be able to receive workers’ comp for gradual injuries, such as those caused by repetitive motions when performing job duties, a heart attack brought on by mental or physical stress at work, or worsening of a pre-existing condition due to work conditions.
Pain and Suffering as Damages in an Illinois Personal Injury Case
In Illinois, a person is liable for an accident in which that person was negligent. Where a person has been injured as a result of the negligence, the negligent person is obligated to make financial payment to the injured one. Among the damages for which the negligent party is responsible is a category commonly referred to as “pain and suffering.”
While it is fairly simple to add up the money spent and money lost for things like medical bills and lost income, there is no precise way to put a dollar figure upon the injured party’s pain and physical suffering. The Illinois Pattern Jury Instructions define pain and suffering as “The pain and suffering experienced [and reasonably certain to be experienced in the future] as a result of the injuries.” This leaves the determination of the value of pain and suffering damages greatly to the discretion of a jury or other finder of fact.
Damages include both pain and suffering experienced to date, as well as pain and suffering reasonably certain to be experienced in the future. However, “reasonably certain” does not necessarily require expert medical testimony. The dollar value of damages for pain and suffering is not necessarily related to the amount of medical bills incurred, thus giving a jury wide latitutde in assessing damages for pain and suffering. Generally speaking, damages for pain and suffering are limited to the time the injured person is conscious, as an unconscious person does not suffer pain because the mind is not conscious of the body’s condition. It is also important to note that a jury is not required to make an award for pain and suffering at all, even where it awards damages for pain-related medical expenses. It is therefore very important to present solid and credible evidence of the injured person’s pain and suffering, as well as to make a persuasive argument that such damages should be awarded for that person.
Understanding Illinois Seizure and Forfeiture Law
Asset forfeiture is the legal process where property which has previously been seized may permanently be confiscated.
When faced with a potential forfeiture issue it is important to understand some basic principles:
First, a forfeiture action is civil in nature, not criminal. This is important for two reasons: 1), the burden of proof is much lower in a civil action and 2), there is no right to appointed counsel.
Second, under certain statutes in Illinois, you do not have to be convicted of, or even charged with, a criminal offense in order to have your seized personal property subject to civil asset forfeiture litigation.
Civil asset forfeiture litigation is very procedure-driven in nature. Too many times, we have clients consult with us only to discover certain deadlines were missed and unfortunately, they were too late to contest the forfeiture and property was already forfeited. For example, forfeiture actions under the Illinois Drug Asset Forfeiture Act and Illinois money laundering laws require you to file a verified answer within 45 days of the State sending notice of the action and posting a cash bond equal to 10 percent of the value of the seized property. If either requirement is not met, the property is forfeited.
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