Articles Posted in DUI

If you have a disposition for DUI in Illinois, you may wonder whether it’s possible to expunge this offense from your record. Unfortunately, the answer is a definitive no. In Illinois, DUI dispositions cannot be expunged for several compelling reasons. 1. Legal Restrictions The law explicitly prohibits the expungement of DUI convictions. This legal restriction…

What Does It Mean When a Crime Is “Aggravated”? If you are charged with an “aggravated” crime, you face serious consequences. “Aggravated” means made more serious by attendant circumstances. The penalty range may be more than you have bargained for based upon some factor. Whether it’s the victim’s age or race, where or when the…

What is a Summary Suspension? A statutory summary suspension is the suspension of driving privileges as a result of a DUI. Once in effect, you cannot legally drive. It goes into effect 46 days after the confirmation of a refusal to submit or failure of chemical test. A confirmation does not automatically occur. It is…

The Warning to Motorist The Warning to Motorist informs a driver suspected of driving under the influence of the consequences to their driving privileges for refusing field sobriety testing or submitting to testing and testing above the legal limit. Prior to requesting a driver to submit to testing during a DUI investigation, it enables a…

You plead guilty and sentenced to supervision or probation. While on term, you are prohibited from taking any controlled substances and are required to submit to random drug testing. You were notified by your probation officer you tested positive. Your probation officer sends your case back to court to inform the judge of the violation.…

Smoking in the car is illegal under 625 ILCS 5/11-502.15. Additionally, the odor of cannabis coming from your vehicle allows a police officer to search your car. The odor of cannabis coming from your car will could cause an officer to believe you are under the influence. This may result in a police officer putting…

Specialty Courts The law is always evolving. It is important to have a lawyer that follows the changes in the law, especially when the changes are designed to benefit the accused. Addiction is a medical disease recognized by the DSM5. Many counties in the Chicago land area have created specialty courts including first offender drug…

Should I Just Plead Guilty? If you are charged with a criminal offense, it is imperative that you consult with a lawyer. You need to discuss the facts of your case and the potential consequences you will face. A criminal conviction can have serious consequences related to your ability to secure employment, housing, financial aid,…

A Good Attorney Can Help You Keep Your License When you get arrested for driving under the influence your license will automatically become suspended 46 days after confirmation of your summary suspension. That’s to say, you will lose your driving privileges unless you talk to an attorney quickly. Don’t worry, the lawyers at Lafata Law…

Mental Health Court Alternative Programs A person is in the throes of mental illness may commit crimes. If this happens to you or someone you know, contacting a lawyer may help with getting the necessary medical help, but also keep a serious crime off your criminal record. Many counties in the Chicagoland area have developed…