A new law, effective January 1, 2016 amends the Illinois Motor Vehicle Code to allow court supervision for first-time offenders who are charged with aggravated speeding (over 26 mph over the limit). It prohibits an order of supervision to a defendant charged with speeding 26 miles per hour or more in excess of the applicable maximum speed limit established under the Illinois Vehicle Code or a similar provision of a local ordinance if the defendant has been: (1) previously convicted for that violation or a similar provision of a local ordinance or any similar law of another state; or (2) previously assigned supervision for that violation of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law of another state (rather than not available for a first-time offender). Under the new law, supervision will not be permitted if the aggravated speeding occurred in a construction zone or in an “urban district”.
A new law removes the “hard time” waiting periods before a motorist could apply for a DUI-related driving permit.
Effective January 1, 2016, the law will remove the 30 day waiting period before a person could obtain a Monitored Device Driving Permit (“MDDP”) after getting a first offense DUI suspension for either failing or refusing a breath, blood or urine test.
The law also removes the one year waiting time for a person whose license has been revoked for DUI to apply for a Restricted Driving Permit, and the three year wait for a person who has a summary suspension for a second offense refusal..
In addition, the law will require DUI arrestees to sign a form acknowledging that they have been warned of the license suspension consequences for either failing or refusing to take a breath test. This is an advantage for prosecutors, who routinely lose suspension hearings on this issue when officer can’t make it to court and the defendant is able to testify that he or she wasn’t warned.
Rolling Meadows Traffic Lawyer is an experienced and reputable law office. Attorneys Robert M. Marder and Irving J. Seidler have been representing DUI clients for 40 years.
As former Public Defenders, they have successfully represented clients in both bench and jury trials.
They work aggressively to protect your driving privileges and avoid a suspension and revocation. If you are arrested for a DUI, and refused or took the breath test and blew a .08 or higher, your summary suspension will start on the 46th day. They immediately prepare and file a motion to rescind the summary suspension. They file all other motions necessary to defend your case.
The DUI laws in Illinois have changed over the years, not in favor of the defendant. Many DUI arrests are now felonies, with a possible prison sentence. An example would be a DUI arrest without insurance or a valid driver’s license.
At the law offices of Marder and Seidler, they recognize the value of an aggressive defense. A summary suspension and conviction will result in the loss of your driving privileges. They work to get you a probationary drivers license.
The most important rule in DUI cases is that a conviction will cause the Secretary of State to revoke the defendant’s driver’s license. But just because a person is found guilty of DUI does not mean that court must convict him. Instead, there is a procedure in which the court can postpone or defer the proceedings and spare the defendant a conviction. This is called supervision.
They service clients in Cook, DuPage, Kane, McHenry and Lake Counties.
Available 24/7 for emergency service.
As criminal defense lawyers, they practice in the following Areas:
- Felony and Misdemeanor Offenses
- Drug Crimes
- Theft Crimes
- Domestic Battery
- Sex Offenses
- Juvenile Law
- DUI Defense
- Traffic and Suspended/Revoked Drivers License
- Secretary of State Drivers License Reinstatement Hearings
Protect your rights and call today at 847-985-6767 for a free initial and confidential consultation.
For more information visit their website at www.marderseidlerlaw.com