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construction zone, Illinois Criminal Defense LawyerThere is a good reason that the speed limit changes and is strictly enforced in areas that are under construction. While the rate of accidents in a construction zone have steadily decreased in recent years, there were still more than 87,000 crashes in work zones in 2010, the most recent year for which data is available. While this is less than 2 percent of the total number of roadway crashes in any given year, it is still a staggering number—and 30 percent of these accidents resulted in injury.

The vast majority (70 percent) of work zone accidents occur, perhaps surprisingly, during the day between the hours of 8 a.m. and 5 p.m. One can then reasonably infer that the rate of roadside crashes in a work zone were less likely to be the fault of DUI and more likely attributed to driver error and negligence.

The types of crashes that occurred in the day versus nighttime vary wildly. At night, regardless of whether or not there were lane closures or active work, the percentage of type of crash hovered at about 30 percent each. Conversely, crashes in zones in which there was active and no lane closures amounted for more than 50 percent of work zone crashes that occurred during the daytime. Work zones with active work and lane closures, and those in which there was no active work or lane closures, amounted for roughly 47–48 percent of work zone crashes.

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criminal convictions, DuPage County Criminal Defense LawyerMost people believe that jail or prison time is the most common—and perhaps only—consequence for a criminal conviction. The reality is that many first time offenders will often serve little or no jail or prison time at all. However, that does not mean that a criminal conviction does not come with serious life changing consequences.

Probation

When you are convicted of a crime, but you are not sent to jail, you may be placed on probation and will have to report to a probation officer regularly. You have to allow yourself and your property to be searched at any time. Additionally, you will probably be subject to polygraph tests and drug tests. Finally, you will have to report whom you are associating with and where you have been.

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bac test refusal, statutory summary suspension, Illinois Criminal Defense AttorneyOver the last several weeks, police departments around the country set up thousands of sobriety checkpoints in an effort to reduce the number of drunk drivers on the road. As part of the National Highway Traffic Safety Administration’s (NHTSA) Drive Sober or Get Pulled Over campaign, the effort included more than 10,000 local and state police agencies, including many in northern Illinois. If you were stopped at one of these recent checkpoints, you may have been asked to submit to breathalyzer testing to check your blood alcohol content (BAC). No matter how much you have had to drink, your refusal to submit to BAC testing can have serious consequences.

Implied Consent in Illinois

By driving a motor vehicle on Illinois roadways, the state's vehicle code presumes that you have granted implied consent to submit to requested chemical testing. Such testing may be done a preliminary basis to establish probable cause, or subsequent to an arrest on suspicion of driving under the influence, or DUI. While you cannot be criminally prosecuted specifically for refusing a BAC test, there are other applicable penalties that may be imposed.

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marijuana, governor, DuPage County Criminal Defense AttorneyLate last week, legislative efforts to loosen the state's policies on marijuana were temporarily derailed as Illinois Governor Bruce Rauner used his amendatory veto power to send two bills back to the House and Senate. Both measures addressed the legality of marijuana to an extent, each taking aim at separate issues. State lawmakers must now decide whether to accept the governor’s changes or to start over with fresh legislation.

Delayed Decriminalization

Of the two bills, the one with the larger expected impact sought to decriminalize low-level possession of marijuana to a petty offense. Under current law, marijuana possession is a misdemeanor criminal offense, punishable by prison terms and large fines. The measure, originally introduced in the House by Chicago Democrat Kelly Cassidy, would have made possession of up to 15 grams of marijuana an offense similar to a traffic ticket, subject to a fine of $55 to $125.

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sign and drive, traffic violation, Illinois criminal defense attorneyWhen you have been pulled over for a traffic violation, there are probably about a dozen different thoughts going through your mind. What did I do? How much will this cost me? Will I lose my license? All of these questions are perfectly understandable in such a situation. Depending on the violation, of course, the impact to your wallet and driving record may certainly be fairly serious. However, thanks to Illinois’ new Sign and Drive law that took effect this year, your license can no longer be taken as bail during a roadside traffic stop.

Old Rules

Prior to the law taking effect, a law enforcement officer could confiscate your driver’s license on the spot if you were pulled over for most traffic violations. The old laws required drivers cited for traffic offenses to post bail ensuring they would pay their fine or appear in court to contest the ticket as necessary. This left most drivers with three options: pay $75 at a police station, present a bond card (often available from an insurance carrier), or surrender their drivers’ license. According to reports, however, some drivers were not given a choice at all, and their licenses were confiscated.

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