Many Americans rely on motor vehicles being their primary form of daily transportation to get to where they need to go. Unfortunately, this means it is not unusual for car accidents to occur every once in a while. According to information from the National Highway Traffic Safety Administration (NHTSA), there were estimated to be more than 6.7 million traffic crashes that were reported to police in 2018. Around 71 percent of traffic crashes were property damage only, but there were still many crashes that resulted in bodily injury. More than 2.7 million people were injured in traffic crashes and nearly 37,000 people were killed.

These numbers have decreased since the 80s and 90s due to an increase in safety education, safety features of vehicles, and advertising campaigns. Even so, agencies like the NHTSA strive to understand the common causes of car accidents so that they can continue to educate people and reduce the number of traffic crashes.

Alcohol-Impaired Driving

In 2018, there were more than 10,000 fatalities attributed to alcohol-impaired driving alone. This amounts to around 29 percent or nearly a third of all traffic fatalities. Because of the deadliness of drunk driving, many campaigns over the years have been centered around not drinking and driving, alternatives to drinking and driving, and the severity of the consequences if you do. Alcohol-related driving accidents are often serious and can also result in extreme bodily injury and property damage.

Distracted Driving

Smartphones and other handheld devices have been commonplace since the mid-2000s, contributing to the rise in distracted driving accidents. Many times, drivers become distracted by their cell phones or other devices when they are supposed to be focusing on the road. This leads to serious accidents that are usually preventable and can cause serious injuries for those involved.

Speeding

Speeding is something we all have probably done at some point. While speeding usually results in a ticket, it can also result in an accident in some circumstances. These accidents are also usually rather severe, especially if the driver was speeding excessively. The NHTSA reported that there were around 9,300 deaths related to speeding in 2018.

A Cook County Car Accident Injury Attorney can Help

Car accident injuries can range in severity from minor bruising or broken bones to serious internal injuries such as brain injuries or other soft tissue injuries. If you have been hurt in a car accident by the fault of another, you deserve to have your pain and suffering compensated. At the Fotopoulos Law Office, we can help you recover financial compensation for your injuries, medical expenses, and even lost wages. To schedule a free consultation with our Tinley Park, IL, car accident injury lawyers, call our office today at 708-942-8400.

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Police-Reported Motor Vehicle Traffic Crashes in 2018

National Motor Vehicle Crash Causation Survey

Traffic Safety Facts

Knowledgeable Illinois Criminal Defense Attorney Assisting Clients Throughout Cook and DuPage Counties

Facing DUI charges can be overwhelming, regardless of whether you’ve been through the process before. If you have recently been charged with a DUI, one of the best ways to get a handle on the situation is to learn more about the process, what defenses you may have, and what you are looking at if you are convicted. Below is a list of DUI FAQs that can help provide you with a little bit of certainty during this undoubtedly stressful time.

Will I Go to Jail for an Illinois DUI?

The sentence for an Illinois DUI conviction may include a jail sentence; however, in most situations, it’s a decision that is left up to the judge. For example, a first-time DUI offense in Illinois is usually a class A misdemeanor, which carries the possibility of up to a year in jail. However, it is common for judges to order supervision or probation in lieu of incarceration. However, if you have a prior DUI on your record or you are charged with a felony DUI offense, you’ll likely face mandatory jail time or community service.

Will My License Be Suspended if I’m Found Guilty of a DUI in Illinois?

Yes, if you are convicted of an Illinois DUI, your driver’s license will be revoked for one year. If you are under 21, your license suspension will last for two years. Once the revocation period is over, you must apply to have your driving privileges reinstated, which requires you to have a clean driving record and undergo a drug & alcohol evaluation. You will also need to pay a $500 reinstatement fee.

Do I Need to Consent to a Breathalyzer When Asked by Police?

Yes and no. Illinois has what’s called an “implied consent law.” This means that by driving a vehicle on a public road, you agree to provide a breath or blood sample when under suspicion of driving under the influence. However, you can withdraw this consent if you do not want to provide a sample. This is called a refusal. If you refuse a breath test, either on the side of the road or at the police station, your license will be suspended for one year if it is your first refusal or three years if you’ve refused in the past. If you take the test and register a blood-alcohol content of .08 or more, your license will be suspended for six months (if this is your first DUI offense) or one year (if you had a DUI within the past five years).

Should I Refuse a Breath Test or Field Sobriety Testing if I Think I Will Fail?

While refusing a breath test is a personal choice, many DuPage County DUI defense attorneys believe that refusing chemical testing makes defending against DUI charges in court easier. This is because when you refuse field sobriety testing or a breath test, you deprive the government of potentially harmful evidence of intoxication. However, you must keep in mind that prosecutors can still try to prove you were under the influence through circumstantial evidence of intoxication. Additionally, by refusing either form of testing, your driver’s license will be suspended for either one or three years.

Can I Get a Restricted License if My License Was Suspended for a DUI?

First-time DUI offenders and may qualify for a Monitoring Device Driving Permit (MDDP). With a MDDP, you can drive anywhere you want whenever you want, provided the device is installed in your vehicle. An MDPP is also available for those who refused chemical or field sobriety testing for the first time. However, an MDDP is only available during the period of the statutory summary suspension and is not available for suspensions resulting from a DUI conviction. Additionally, while it’s not a guarantee, Illinois law allows some drivers who are convicted of a DUI offense to obtain a Restricted Driving Permit (RDP). You can request an RDP to drive to school, work, daycare, medical appointments, court-ordered activities, or substance abuse treatment. If you have two or more prior DUIs, you will need to install a breath alcohol ignition interlock device (BAIID) on your vehicle. Drivers under the age of 16 are not eligible for RDPs.

These are just a few of the most common DUI FAQs we get from clients. If you have other questions, we are happy to help.

Speak with an Experienced Orland Park DUI Defense Attorney Today

If you’ve been arrested for a DUI, you probably have a lot of questions, some of which may not be covered by these DUI FAQs. At the Fotopoulos Law Office, we have more than two decades of experience helping drivers get back on the road after a DUI conviction. And, as a former Cook County Circuit Judge, Attorney Fotopoulos commands an unrivaled understanding of the law and what it takes to obtain the best possible results for his clients. To learn more, and to schedule a free consultation with a dedicated criminal defense attorney to discuss your case, call the Fotopoulos Law Office at 708-942-8400. You can also connect with us through our online contact form. We proudly represent clients in Cook, Will, DuPage, Champaign and Kankakee counties.

Most American drivers will be pulled over by police at least once in their lifetime. Most of the time, the reason you are pulled over is because of a small moving violation, like speeding or not fully stopping at a stop sign. These stops usually end with the officer issuing you a ticket that carries a fine that you must pay within a specific time period. In other situations, the officer may arrest you because they feel that you have done something too serious to warrant just a fine. Offenses of this nature can be driving while under the influence of drugs or alcohol, street racing or what is called reckless driving.

What is Reckless Driving?

The Illinois Vehicle Code states that reckless driving occurs when a person drives his or her vehicle with “willful and wanton disregard” for the safety of other drivers or other people’s property. It also states that reckless driving can occur if a person drives a vehicle and uses an incline such as a railroad crossing, hill or bridge approach to cause the vehicle to become airborne.

There is no comprehensive list of the type of behaviors that are automatically assumed to be reckless driving. This is left up to the discretion of the arresting police officer, the judge assigned to your case and the jury. Examples of reckless driving can include:

• Speeding;
• Erratic driving or lane changes;
• Breaking traffic laws, such as running red lights or street racing; and
• General negligent driving.

What are the Penalties for Reckless Driving?

If you are charged with reckless driving, chances are you will be charged with a Class A misdemeanor. In Illinois, Class A misdemeanors carry a jail sentence of up to one year and fines of up to $2,500. You will also face a driver’s license suspension or revocation.

In certain situations, your reckless driving charge can be increased to a felony charge. If your reckless driving actions caused bodily harm to a child or a school crossing guard, you can be charged with a Class 4 felony. You can also be charged with a Class 4 felony if any person suffers great bodily harm or permanent disability or disfigurement. Class 4 felonies carry a prison sentence of up to three years and fines of up to $25,000. Causing great bodily harm or permanent disability or disfigurement to a child or school crossing guard can result in a Class 3 felony, which carries a prison sentence of up to five years and up to $25,000 in fines.

Seek Help From a Cook County Reckless Driving Defense Attorney

Reckless driving is an offense that can be charged as a misdemeanor or even a felony in some circumstances. Either way, the charge carries the very real possibility of jail time, which is why it is important for you to contact an Orland Park, IL, reckless driving defense lawyer as soon as possible. At the Fotopoulos Law Office, we can help you fight for your right to drive. Call our office today at 708-942-8400 to schedule a free consultation.

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Illinois Compiled Statutes

When you purchase food at a restaurant or grocery store, you should be able to expect that the product is safe to eat. Even though there are stringent inspection processes for food in the United States, sometimes there is still food on the market that can pose a health threat to those who consume it. There are hundreds of different types of foodborne diseases that can be caused by bacteria, viruses, and parasites, most of which can be prevented through proper storage, handling and cooking. If you get sick from consuming food from a restaurant or grocery store, you may be able to hold the manufacturer or supplier responsible.

Recent Listeria Outbreak Prompts Recall

Last week, Almark Foods issued a recall on all of its hard-boiled egg products over concerns of listeria contamination. The Food and Drug Administration linked the hard-boiled egg products that were produced from the company’s Gainesville, Georgia, plant with a listeria outbreak that affected people from five different states and killed one person in Texas. The egg products were sold under various brand names and at various retailers, including Trader Joe’s, Giant Eagle, Kroger, and Walmart.

What is Listeria?

Listeria is a foodborne illness that can affect anyone but can be particularly severe in newborns, older adults, pregnant women and people with weakened immune systems. The symptoms of listeria vary depending on the person and the part of the body that is affected. In adults who are over the age of 65, listeria can cause infections in the bloodstream and brain. Women who are pregnant with a listeria infection often experience flu-like symptoms such as fever and muscle ache, but their babies can get extremely sick and even miscarry or die at birth.

Product Liability Laws

Illinois follows strict product liability, meaning the manufacturer of the defective product is liable for their product, whether or not they acted in a negligent manner. Proving that a product is defective can fall under one or more of three different categories that are related to the manufacture, design or marketing of the product.

Contact a Joliet, IL, Defective Product Attorney Today

Getting sick from something you eat may seem trivial, but it can become very serious rather quickly. At the Fotopoulos Law Office, we believe that consumers should not have to worry about the safety of the food they purchase. If you or a loved one has experienced sickness because of the carelessness of a food manufacturer or supplier, you may be entitled to compensation for lost wages, medical bills or other damages. Call our skilled Will County defective product lawyer today at 708-942-8400 to schedule a free consultation.

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Questions and Answers

Check Your Fridge: 88 Egg Products Under Recall After Deadly Listeria Outbreak

Almark Foods Expanded Recall to all Products from its Georgia Facility due to Possible Listeria Monocytogenes Contamination

When an Illinois police officer suspects you of DUI, you may be asked to take one or more field sobriety tests. By law you do not have to agree to such tests. Moreover, if you take a test and “fail,” based on the officer’s judgment, it may be used against you as evidence in court.

Court Rejects Peoria Officer’s Arrest Based on HGN Test

However, not all field sobriety tests are afforded the same weight by judges. Nor does failure necessarily prove that you were intoxicated above the legal limit in Illinois. Therefore, it is important to challenge any test result that may be inaccurate or improperly administered by the police.

Consider a recent DUI case from Peoria County. The defendant was riding his motorcycle when he crashed. A local police officer responded at the scene and cited the defendant for numerous traffic violations and charged him with DUI.

The basis for the DUI arrest was a common field sobriety test known as a Horizontal Gaze Nystagmus (HGN). You have probably seen this test before: It is when a police officer flashes a penlight in your eyes and asks you to follow the light as it moves. Normally, if you look sideways at an angle greater than 45 degrees, your eyes automatically twitch. But if you have alcohol in your system, a twitch can occur when the light is held at less than a 45-degree angle.

In this case, the police officer administered the HGN test to the defendant at the hospital, where he was receiving medical treatment after the crash. The defendant told the officer he was blind in one eye and possibly sustained a serious head injury in the accident. Nevertheless, the officer performed the HGN test and testified in court that the defendant had failed.

The officer claimed the HGN result proved the defendant had a blood-alcohol level above 0.08 percent, the DUI limit in Illinois. The trial judge said that was wrong as a matter of law and granted the defendant’s motion to suppress evidence and quash the DUI arrest. The prosecution appealed, but the Illinois Third District Appellate Court affirmed the trial judge’s ruling.

Many states will not admit HGN test results as evidence in DUI cases. The Illinois Supreme Court, in a 2010 decision, said HGN results are admissible, but only “for the purpose of proving that a defendant may have consumed alcohol.” It is not evidence of a specific blood-alcohol level. Additionally, in this case, the Third District said the prosecution failed to prove the police officer even “possessed the expertise to properly understand the results of the HGN testing.”

Have You Been Charged With an Illinois DUI?

Police officers are not perfect. They often rely on incomplete training and jump to conclusions that are not supported by the evidence. If you are charged with a DUI, you have every right to cross-examine the police and the methods they used to justify your arrest. An experienced Orland Park criminal defense attorney can help make sure the police and the courts respect your rights. Call the Fotopoulos Law Office if you need help today.