Exploring Illinois DUI and Statutory Summary Suspensions

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Being convicted of driving under the influence means you might have to face some rather daunting penalties. Even a run-of-the-mill DUI conviction in Illinois can carry lengthy jail time, hefty fines and a loss of driving privileges. These are all criminal penalties, but unbeknownst to some people, you can also face civil penalties for violations of Illinois’ DUI laws that can affect your day-to-day life in many ways. One of these civil penalties of DUI is a statutory summary suspension, which can cause you to temporarily lose your driving privileges.

What is a Statutory Summary Suspension?

Like all states, Illinois has an implied consent law, which states that all those who are driving on Illinois roads or hold an Illinois driver’s license have given their implicit consent that police may perform a chemical test on their blood, breath or urine if police have reason to suspect that the person was driving while under the influence of alcohol or other drugs. The statutory summary suspension policy allows the Illinois Secretary of State’s Office to suspend the driver’s license of any person who fails a chemical test, refuses to take a chemical test or does not finish a chemical test.

Consequences for Failed or Refused Chemical Tests

Failing a chemical test means that you were found to have a blood-alcohol concentration (BAC) of .08 or more, a THC concentration of 5 nanograms or more per milliliter of whole blood or a trace of any other type of drug, legal or illegal. Failing a chemical test a first time will result in a six-month driving suspension. Failing a chemical test a second or subsequent time within five years of the first means you will face a one-year driving suspension.

If you refused to take a chemical test, the consequences are even steeper. The first time you refuse to submit to a chemical test, you will face a year-long driving suspension. If you refuse to take a chemical test a second or subsequent time within five years, you will face a three-year driving suspension.

Contact a Cook County DUI Defense Lawyer Today

Punishments for any DUI-related charge are serious – even a civil penalty like the statutory summary suspension. If you are facing a statutory summary suspension as part of a DUI case, you need a seasoned Orland Park DUI defense attorney to provide the best defense possible. At the Fotopoulos Law Office, we can help you with your DUI case every step of the way. It all starts with a phone call – call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Cyber Drive Illinois

Do Illinois Police Know the Difference Between a Diabetic and a Drug User?

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DUI does not just refer to drunk driving. It is against Illinois law to operate a motor vehicle under the influence of any drug, legal or illegal. However, police must have reasonable grounds to believe that you are actually under the influence of drugs.

Officer Lacked “Probable Cause” Based on Questionable Drug Test

This can be a problem when an officer lacks appropriate training and simply jumps to the conclusion that a driver was using drugs without adequate proof. Given that a drug arrest can not only lead to a criminal charge, but also carries a “civil penalty” in the form of an automatic driver’s license suspension, such mistakes can be devastating to innocent individuals.

Consider a recent Illinois case. In September 2015, a police officer for a small village outside of Joliet received a call reporting “an unconscious person in a vehicle who was possibly having a seizure.” Upon arriving at the scene, the officer found the person – the defendant in this case – under the care of paramedics.

The officer, who had no formal drug training of any kind, saw a discarded energy drink can inside the defendant’s car. The officer said the can “had been either cut or tore in half” and there were burn marks in the interior. The officer said there was also some brown “residue” on the bottom of the can. He tested the residue using a roadside testing kit designed to detect cocaine.

This was the first time the officer ever performed such a test. The residue turned the test device blue, which he was told “indicated the presence of opiates.” Cocaine, however, is not an opiate.

The officer never conducted any field sobriety tests on the defendant himself. Instead, the officer spoke with paramedics about the defendant’s condition. While the paramedics said there was no evidence of intoxication, they did note he had a “fresh track mark” on his arm, indicating the recent use of a needle. The officer later placed the defendant under arrest at the hospital.

The arrest led to an automatic suspension of the defendant’s driver’s license. He challenged the suspension, arguing the officer lacked “probable cause” for the arrest. The defendant said he was a diabetic, and the track marks were the result of his insulin injections.

The courts agreed with the defendant. The Illinois Third District Appellate Court, upholding a trial judge’s earlier ruling, said there was no evidence the defendant was actually “under the influence” of drugs at the time of his arrest. The court noted the officer’s admission that “he had no training in DUI of drugs,” and the defendant’s uncontested statement that he is a diabetic. Indeed, the court noted the officer “would not have known the difference between a diabetic reaction and a reaction to drugs.”

Fighting an Illinois DUI Charge

It is important to note that suspension of a driver’s license and criminal DUI are separate proceedings under Illinois law. You can be found guilty of one but not the other. This is one reason why you should work with an experienced Orland Park DUI defense attorney. Contact the Fotopoulos Law Office, P.C, today if you have been charged with a DUI and need help right away.

What are My Options for Driving After an Illinois DUI Arrest?

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If you are convicted of driving under the influence in Illinois, you will lose your driving privileges. In fact, you can lose your driving privileges before you are convicted if you fail a chemical sobriety test by having a blood-alcohol content (BAC) greater than 0.08 or if you refuse to take the test during your arrest. This is called the statutory summary suspension and is an administrative driver’s license revocation that is separate from your criminal case. The amount of time that your license is suspended for depends on the nature of your arrest. For example, if you refuse to take a chemical test, your license will be suspended for longer than if you had simply just failed the test.

The Illinois Secretary of State is the governing body that is responsible for the administrative driver’s license revocations. The Secretary of State understands that not being able to drive can create hardship for some people, which is why they have provided a way to allow those with suspended licenses to still be able to drive. If your license is suspended because of a DUI charge, you have two options: a monitoring device driving permit (MDDP) or a restricted driving permit (RPD).

Monitoring Device Driving Permit (MDDP)

For most first-time DUI offenders, an MDDP is the favorable option. To receive an MDDP, you must have a breath alcohol ignition interlock device (BAIID) installed onto your vehicle. A BAIID is a device that requires you to provide a breath sample before you can start your vehicle and periodically while you are driving. An MDDP allows you to drive anywhere at any time – as long as you are driving a vehicle that has a BAIID equipped. Only people without a previous DUI conviction are eligible to receive an MDDP, but not those who are under the age of 18 or caused death or great bodily harm during the DUI.

Restricted Driving Permit (RDP)

If you have previous DUI convictions, you will have to apply for an RDP if you want to drive during your suspension. Like MDDP’s, RDP’s require the use and installation of a BAIID to be in compliance. To obtain an RDP, you may have to prove that hardship has resulted from not being able to drive. You may also have to prove that you are seeking remedial education or treatment and/or a professional drug/alcohol evaluation. To receive an RDP, you will also have to appear at a hearing at the Secretary of State’s office to prove that you would not be a threat to other drivers if you were permitted to drive. If you receive an RDP, you may be limited in the places you can drive to, such as:

  • Your job
  • Your school
  • Your doctor’s office
  • Your child’s school or childcare facility

A Tinley Park, IL, DUI Defense Attorney Can Help You Understand Your Options

If you have been arrested because you were suspected to have been driving under the influence, you should contact a skilled Cook County DUI defense lawyer as soon as possible. At the Fotopoulos Law Office, we understand how difficult your life can become if you are unable to drive. Our skilled attorneys can help you understand the options available to you and walk you through the process of receiving a temporary driving permit. Call our office today at 708-942-8400 to schedule a free consultation.

When is an Illinois DUI Charged as a Felony?

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The state of Illinois is relatively strict when it comes to DUI offenders and there are many consequences that come with a DUI conviction. Even for a first-time DUI conviction, you face jail time, monetary fines, and a loss of your driving privileges for at least a year. Most DUI offenses are charged as a misdemeanor crime, but it does not take much to elevate the charge to a felony crime. Being convicted of a felony crime carries more consequences than a simple misdemeanor, which is why it is important to speak with a knowledgeable DUI defense attorney if you face charges.

First and Second DUI Convictions

When it comes to basic DUI’s, both first and second convictions are considered to be misdemeanor charges. Both are charged as Class A misdemeanors, which carry possible jail time of up to one year, up to $2,500 in fines or a combination of both. A first or second DUI will not be charged as a felony crime unless another factor was present. For example, if you were caught with a child in the vehicle while you were driving under the influence and the child suffered injuries from a crash, you will be charged with a Class 4 felony.

Aggravated DUI Convictions

Third and subsequent DUI offenses are automatically classified as a felony or aggravated DUI. Third offense and fourth offense DUI’s are charged as Class 2 felonies, which carry a possible sentence of three to seven years in prison and up to $25,000 in fines. Consequences can increase all the way to a Class X felony for a sixth or subsequent conviction, which means you face six to 60 years in prison.

Other situations can cause a DUI offense to be classified as a felony, such as a DUI resulting in bodily harm or death, a DUI by someone who does not have a valid driver’s license or a second offense of a DUI transporting a child under the age of 16.

A Cook County DUI Defense Attorney Can Answer Any Questions You May Have

A DUI conviction is one mistake that can follow you for the rest of your life. If you have been charged with any type of DUI, whether it is a misdemeanor or felony charge, you need to speak with a skilled Tinley Park, IL, DUI defense lawyer right away. At the Fotopoulos Law Office, we have more than 15 years of experience representing clients in their DUI cases. To schedule a free consultation, call our office today at 708-942-8400.

What Constitutes a Disorderly Conduct Charge in Illinois?

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Being charged with disorderly conduct can be a frightening experience. Unless you have had prior contact with the criminal justice system, you probably do not know what you should expect. Disorderly conduct can be charged as either a misdemeanor charge or a felony charge, depending on the situation and what the actual act of disorderly conduct was. If you have been accused of disorderly conduct, an Illinois criminal defense attorney can help you navigate the situation.

What is Disorderly Conduct?

In the state of Illinois, disorderly conduct is a rather vague crime. Instead of having a specific situation or set of actions outlined in the disorderly conduct law, the law is written to allow judges to determine what they believe to be disorderly conduct.

The disorderly conduct statute contains 12 situations in which a person could be charged with disorderly conduct. The first and most common way a person can be charged with disorderly conduct is by alarming or disturbing other people and provoking a breach of the peace. Other situations in which a person could be charged with disorderly conduct include:

  • Relaying a false report of fire to a fire department
  • Reporting a bomb threat when there is no bomb
  • Relaying a threat of violence, death or harm to people inside of a school or to the school itself
  • Reporting a crime to police that did not take place
  • Conveying a false report to a public safety agency
  • Calling 911 or other emergency personnel when there is no emergency situation present
  • Submitting false reports to the Department of Children and Family Services
  • Making false allegations of abuse at mental health facilities or nursing homes
  • Asking for an ambulance when there is no need for one
  • Looking through somebody else’s window for lewd or unlawful purposes
  • Making a phone call to a debtor that is intended to harass, annoy or intimidate the debtor

Penalties for Disorderly Conduct

Disorderly conduct charges can range from a Class C misdemeanor to a Class 3 felony, depending on what you actually did. For example, if you are charged with disorderly conduct for simply “disturbing the peace,” you will be charged with a Class C misdemeanor, which could result in up to 30 days in jail and up to $1,500 in fines.

Contact a Cook County Disorderly Conduct Defense Attorney for More Information

If you have been accused of committing disorderly conduct, you should speak with an Orland Park, IL, disorderly conduct defense lawyer right away. At the Fotopoulos Law Office, we can help you understand why you are being charged with disorderly conduct and how you can defend yourself against those charges. To schedule a free consultation, call our office today at 708-942-8400.

Sources:

Illinois Compiled Statutes

Car Safety Features Can Cause Injuries in a Collision

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If you have bought a new car – or even a used car – in the last few years, you have probably noticed that new safety features are being added to vehicles all the time. Newer cars often come equipped with braking-assist systems, blind spot detection, and a wide range of other systems designed to keep drivers and passengers safe and limit injuries in the event of a car accident.

For those who learned to drive many years ago and still use the techniques they were originally taught, some of these safety features can actually present unexpected dangers. For example, the National Highway Traffic Safety Administration (NHTSA) and other safety organizations now say that the old “10-and-2” method of steering can put drivers at risk for burns, broken bones, and other injuries if the steering-wheel airbag deploys.

Airbags Make a Difference

Driving instructors have long taught new drivers to envision the steering wheel as the face of a clock. Drivers were instructed to grip the wheel with the left hand at the 10 o’clock position and the right hand at the 2 o’clock position. The idea was to give the driver the most control over the steering wheel and the vehicle while steering.

In the 1970s and 80s, automakers began installing airbags in the center of steering wheels to prevent drivers from colliding with the wheel in the event of a crash. By 1998, airbags had become mandatory on all new vehicles. Due to the inclusion of these safety features, what was once a safe way to hold the steering wheel may actually cause additional risks of injury to a driver.

New Guidelines for a New Era

If you were to compare a steering wheel from a modern car with one that is not equipped with an airbag, you would see a striking difference. The airbag covers a large portion of the center of the wheel and is connected to the circumference of the wheel at several different points. The location of these points varies by a vehicle’s make and model, but there are often distinct openings where the driver can place his or her hands. You might notice that these openings are often not at 10 and 2.

This is due to the fact that during a crash, the airbag in the center of the wheel inflates at speeds of up to 250 miles per hour. The inflation is, in fact, a controlled explosion of superheated nitrogen. If your hands are in the way of the airbag cover when the airbag inflates, you could suffer injuries to your hands and arms. In addition, your hands could be propelled toward your face, causing other injuries as well.

The NHTSA officially recommends that drivers use a 9-and-3 position to limit such injuries. Other organizations go further, saying that 8-and-4 is even safer due to the slightly-upward orientation of most steering wheels. Experts say that the 9-and-3 option – also called “parallel position” – improves a driver’s stability and reduces unintentional excessive steering, both of which can help prevent accidents.

Call an Orland Park Car Accident Attorney

If you have been injured by your vehicle’s airbag in an accident caused by someone else’s negligence, you may be entitled to collect compensation for your injuries. Call 708-942-8400 for a free consultation with an experienced Tinley Park personal injury lawyer today.

Sources:

Things Have Changed Since You Learned to Drive

Get with the Times: You’re Driving all Wrong

Tips to Help Avoid a Motorcycle Accident in Illinois

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For many Americans, motorcycles are a preferred method of transportation during the warmer months. Now that the snow has melted and the sun is shining, there are more and more people who are out enjoying their bikes. Though this is a cherished pastime for some, it can be deadly for others. According to the National Highway Traffic Safety Administration (NHTSA), there were more than 5,000 motorcyclists who were killed in traffic accidents in 2017, with tens of thousands more who suffered from injuries. Fortunately, you can lessen your risk of being injured or killed in a motorcycle traffic accident. Here are a few ways you can reduce your chance of being in a motorcycle accident:

  1. Wear Adequate Protection: The first thing you can do to keep yourself safe is to wear clothing and gear that can provide you with protection. Motorcyclists are especially vulnerable because they do not have the structure of a vehicle surrounding them, as others do. Before you hop on your bike, you should be sure to wear long pants and long sleeves, ideally made out of leather or heavy denim. You should also be wearing a helmet that meets the Department of Transportation’s safety standards.
  2. Know What You Are Doing: If you are a first-time rider, you should be fully licensed and have taken some sort of a riding course before you begin riding. The NHTSA states that around 27 percent of motorcyclists involved in fatal crashes were riding without valid motorcycle licenses. Even if you are not new to riding, you should take a refresher course to ensure you are practicing safe riding habits.
  3. Do Not Impair Your Ability to Ride Safely: Unsurprisingly, more motorcycle accidents – especially fatal motorcycle accidents – happen when the rider is under the influence of drugs or alcohol. Never ride your motorcycle when you have been drinking or taking drugs.
  4. Do Not Assume You Are Always Visible: Most motorcycle accidents occur simply because other drivers cannot see you. Motorcycles are much smaller than other vehicles and can get lost in a vehicle’s blind spots rather easily. You should never assume that another driver can see you or knows where you are. Try to stay out of other vehicle’s blind spots and wear brightly-colored, reflective clothing.

Were You Injured in a Motorcycle Crash? A Cook County Motorcycle Accident Attorney Can Help

Sometimes accidents happen through little to no fault of yours. If you were in a motorcycle accident that resulted in injuries to yourself, or a loved one was killed in a motorcycle accident, you may be able to claim compensation for your losses. At the Fotopoulos Law Office, we can help you pursue a personal injury claim for your motorcycle accident injuries. Let our knowledgeable Orland Park motorcycle accident lawyers help you – call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Motorcycle Safety

Can I File a Malpractice Lawsuit Against My Doctor for a Misdiagnosis?

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Medical malpractice can envelop a variety of different physician behaviors and actions. One type of medical malpractice that can get overlooked is the misdiagnosis of a patient. According to a study published in the medical journal “BMJ Quality & Safety,” around 12 million adults are misdiagnosed each year, which is roughly equal to one out of 20 patients. Misdiagnosis is dangerous not only because it leaves people not getting the correct treatment, but in some cases, the treatment itself can cause harm. Sometimes, a misdiagnosis can be an innocent error on the doctor’s part, but sometimes it can be the result of a careless and negligent physician.

What is Misdiagnosis?

There is more than one way you can be misdiagnosed when you present your doctor with your symptoms. In any case, a misdiagnosis can be dangerous and sometimes even life-threatening. Here are the three forms of misdiagnosis that you can experience:

  • Missed Diagnosis: A missed diagnosis occurs when your physician tells you that you are healthy when you really do have a condition that he or she should have been able to diagnose you with. A missed diagnosis can be detrimental to your health because the proper course of treatment is not being given.
  • False Diagnosis: A false diagnosis occurs when your doctor incorrectly diagnoses you with a disease that you do not have. One of the main things that we expect physicians to be able to do is correctly diagnose a patient based on presented symptoms. A false diagnosis is harmful because some treatments can be harmful to your health and you are not receiving treatment for the condition you actually have.
  • Delayed Diagnosis: A delayed diagnosis is often the result of one or many missed and/or false diagnoses. Typically, a delayed diagnosis occurs when a significant amount of time has passed between your initial visit with your physician and when you were correctly diagnosed. Some conditions get worse over time, especially if they are left untreated; a delayed diagnosis can exacerbate that.

A Will County Medical Malpractice Attorney Can Help You Form Your Case

We hold doctors to a high standard and for good reason – they are partially responsible for the health and wellbeing of the public. It is not unreasonable to expect your doctor to correctly diagnose you if you are having unusual symptoms. If you think that you have been misdiagnosed, you should get in touch with a skilled Joliet, IL, medical malpractice lawyer. At the Fotopoulos Law Office, we know how damaging a missed diagnosis, false diagnosis or delayed diagnosis can be. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

12 Million Americans Misdiagnosed Each Year

What is Medical Malpractice?

Types of Workers’ Compensation Benefits in Illinois

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Being injured while you are at work can be a stressful and worrisome situation. Not only are you suffering from a physical injury, but you are probably full of stress and uncertainty about how you will be able to earn money if you cannot work. Thankfully, Illinois requires almost all employers to have workers’ compensation insurance. This is a type of insurance that is in place for these very situations – if a worker is injured on the job, workers’ compensation insurance will cover it. In Illinois, workers’ compensation covers three types of benefits: medical benefits, disability benefits, and death benefits.

Medical Benefits

First and foremost, the basic intention of workers’ compensation insurance is to ensure that an employee’s medical care is taken care of in the event they are injured. In Illinois, your employer is required to pay for any and all medical expenses relating to an injury if you received the injury while at work. Expenses that are covered include:

  • Emergency care
  • First aid
  • Doctor’s visits
  • Hospital care
  • Surgery
  • Physical therapy
  • Medication
  • Prosthetic devices

Disability Benefits

If you are injured so badly that you are unable to work, then workers’ compensation can help you out. Disability benefits come in a few different forms. Typically, benefits are awarded to you based on whether you are totally or partially disabled and if that disability is permanent or temporary. The four types of disability benefits are:

  • Temporary partial disability (TPD): Benefits for when you are healing from your injuries and still performing light duties, but you are earning less than you normally would.
  • Temporary total disability (TTD): Benefits for when you are healing from your injuries but you are unable to work.
  • Permanent partial disability (PPD): You sustained permanent disability or disfigurement but you can still work, though you are not earning as much as you used to.
  • Permanent total disability (PTD): You sustained a permanent disability that prevents you from performing any type of work.

Death Benefits

In the unfortunate event that a loved one is killed while on the job, spouses and beneficiaries will receive death benefits. Part of the death benefit includes a burial/funeral benefit of $8,000. Payments that are equal to two thirds of the employee’s average weekly wage will be paid to the employee’s spouse and/or children.

Have You Been Injured on the Job? A Cook County Workers’ Comp Attorney Can Help

Recovering after being injured at work can be a stressful process, but receiving workers’ compensation benefits can help alleviate these issues. If you were hurt on the job, you should contact an Orland Park workers’ compensation lawyer right away. At the Fotopoulos Law Office, we understand that workers’ compensation is crucial for many people. We can help you work out any issues you may be having with your claim and ensure that you receive the compensation you deserve. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Illinois Workers’ Compensation Commission

Benefits Provided Under Workers’ Compensation Laws

Can a Tattoo Prove Your Innocence on Drug Charges?

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If you are arrested on drug charges, such as possession of a controlled substance with the intent to deliver, the burden is on police and prosecutors to prove you did something wrong. This includes establishing your identity and presence at the crime scene – i.e. where the alleged drug transaction took place. Many criminal convictions rely solely on police officer testimony to establish a defendant’s guilt.

You Have the Right to Present a Defense

It is therefore critical that the court allow the defendant to present evidence that contradicts police testimony. This can include something as seemingly trivial as a tattoo. In fact, an Illinois appeals court recently overturned a drug crimes conviction precisely because the trial judge refused to look at the defendant’s tattoos.

The defendant was charged with delivery of heroin. The case was tried before a judge without a jury. At trial, the arresting officer testified that he was working undercover on the night in question. He said he purchased heroin from a man that he later identified, from a photo array, as the defendant.

The defendant claimed he had been misidentified. The defendant’s attorney noted the officer did not witness any tattoos or distinctive markings on the man he purchased drugs from – whom, the officer testified, was wearing a sleeveless shirt at the time. But the defendant, in contrast, had tattoos on his arms.

The judge made a cursory glance of the defendant’s right arm while remaining on the bench – a position about two feet above the defendant. From there the judge said he could not see a tattoo. The judge refused to consider how the defendant’s tattoos would have looked to a person standing right next to him accepting heroin.

The judge ultimately found the defendant guilty and sentenced him to 10 years in jail. On appeal, the Illinois First District Appellate Court said the trial judge violated the defendant’s constitutional rights and he was therefore entitled to a new trial. While the appeals court did not second-guess the police officer’s identification of the defendant, it did find the judge “prevented defendant from presenting his defense” by taking a proper look at his tattoos.

Not only should the judge have examined the defendant’s right arm at eye level, the court said, he also should have looked at the left arm. The judge deemed the tattoos on the left arm irrelevant since the man who handed the drugs to the officer did so with his right hand. But the officer testified he had a clear view of the man’s entire body, hence he should have been able to identify the left-arm tattoos.

Get Help Fighting an Illinois Drug Charge

Police officers make mistakes like everyone else. Unfortunately, a mistaken identification can mean years in jail for an innocent defendant. That is why it is essential for judges to allow a defendant to present any evidence that may clear his or her name.

An experienced Orland Park drug crimes defense lawyer can make sure no judge tries to run roughshod over your constitutional rights. Contact the Fotopoulos Law Office, today if you have been charged with a drug crime and need immediate assistance.