tag:blogger.com,1999:blog-42590558673066616482024-03-05T20:08:07.337-06:00Illinois DUI LawAttorney Steven H. Fagan of Fagan, Fagan & Davis discusses the latest information and news about Illinois' drunk driving laws, as well as helpful tips to protect your rights. SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.comBlogger76125tag:blogger.com,1999:blog-4259055867306661648.post-11430971376694044932017-09-04T11:17:00.001-05:002017-09-04T11:17:11.715-05:00Illinois Lawyers Answering Your Questions<iframe allowfullscreen="" frameborder="0" height="270" src="https://www.youtube.com/embed/SVdyDGxk6rQ" width="480"></iframe><br /><br />
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Isn't it nice when someone has the answers? We do, and you can find answers to your questions on our main website all about <a href="http://www.myattorneysonline.com/" target="_blank">Illinois DUI Law and lawyers</a> and more.<div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com0tag:blogger.com,1999:blog-4259055867306661648.post-37242573937407493512017-06-08T13:59:00.001-05:002017-06-08T13:59:13.738-05:00Will Aggravated Speeding be the new DUI in Illinois?<h2>
Is Aggravated Speeding doomed to be the new Illinois DUI?</h2>
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Many shake their heads in disbelief. It might seem bizarre, but in <a href="http://www.myattorneysonline.com/illinois-aggravated-speeding-lawyer" target="_blank">Illinois Aggravated Speeding</a> is a crime.<br />
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What's more, while Illinois criminal penalties begin with Class C misdemeanors, punishable by up to 30 days in jail, Aggravated Speeding races right by that mark. At speeds as low as 26 MPH over the limit (so 81 miles per hour on the average Chicago area highway), motorists face a Class B misdemeanor offense. That's up to 180 days in jail and up to $1500 in fines plus court costs. Then at 35 miles per hour over the limit or more, Class A misdemeanor penalties apply, for up to 364 days in jail and up to $2500 in fines plus costs.<br />
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<b>Just like a DUI.</b><br />
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Supervision may be available, but only in a non-urban district (what that means is as clear as mud under the statute), but it's only available for the offense of Aggravated Speeding one time, lifetime.<br />
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<b>Just like a DUI.</b><br />
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"But wait!", you say "it's just driving! No one even got hurt!" And you'd be right. This is an offense more about what could happen as a result of the defendant's behavior than it is about what did actually happen.<br />
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<b>Just like DUI. </b><br />
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Here's the question, and I'm curious as to your thoughts, so please comment below:<br />
In the '80s and earlier, a DUI on your record was certainly not desirable. But it typically didn't cost your job or relationships (sometimes, but not always). It typically didn't have a social stigma. It typically was a glorified traffic violation that meant maybe you needed to dial back the drinking a bit and get your house in order. Sure, penalties existed and they were serious even then. But DUI since that time moving forward wears more like a scarlet letter of shame for some, with far ranging consequences that are sometimes totally unexpected. And, just like DUI, the penalties and consequences are serious enough that experienced trial counsel like the <a href="http://www.myattorneysonline.com/" target="_blank">lawyers at Fagan, Fagan & Davis</a> become a necessity, not a luxury.<br />
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So in ten, twenty or thirty years time, will motorists charged with Aggravated Speeding be similarly stigmatized and vilified for it?<br />
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<b>Just like DUI?</b><br />
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You tell me, in the comments section.<div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com0tag:blogger.com,1999:blog-4259055867306661648.post-43934180187483357662015-05-10T22:15:00.003-05:002015-05-10T22:15:34.030-05:00Chicago DUI roadblocks are targeting low-income neighborhoods light on DUI? Find out why.<a href="http://www.facebook.com/ffdlaw" target="_blank">Chicago DUI</a> roadblocks are targeting low-income Black and Latino neighborhoods, where the actual known incidence of DUI is low, compared to several more affluent neighborhoods. This isn't just more of my typical anti-roadblock screed. This is according to a <a href="http://www.chicagotribune.com/news/watchdog/ct-dui-checkpoints-chicago-met-20150507-story.html#page=1" rel="nofollow" target="_blank">Chicago Tribune report this weekend</a>. <div>
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The Trib notes there are significantly more <a href="http://www.ffdlawyers.com/" target="_blank">Illinois traffic tickets</a> being written than DUI citations. In an amazingly rare moment of journalistic sobriety regarding DUI (see what I did there?), the Trib notes that "data shows no clear indication that a high number of checkpoints equates to few alcohol-related crashes." Welcome to the party.<br />
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They get close to the reasons for the Chicago Police to place roadblocks where they do, but noting that this gives the police a chance to check for warrants is just the start.<br />
<h4>
Here's the truth . . .</h4>
Key in on the low-income neighborhood. They're not looking for DUI, really. They're looking for warrants, driving on a suspended license, driving without a valid license, possession of controlled substances (meaning heroin, cocaine, crack, methylphenidate, ecstasy, and more), gun possession by a felon - all things the police believe they're more likely to find easily in low-income neighborhoods. DUI is fine too, but it's not really the target. Ready for the ugly truth?<br />
<h2>
The poor people who won't be able to afford a private <a href="http://www.myattorneysonline.com/" target="_blank">Illinois criminal defense attorney</a> are the target.</h2>
Think on that.<div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com1tag:blogger.com,1999:blog-4259055867306661648.post-36661646388990770612014-05-23T14:05:00.004-05:002014-05-23T14:05:56.955-05:00Proposed Illinois DUI law to allow those with lifetime DUI revocation a permit failsA common-sense effort for a solution to a real problem has eluded the Illinois legislature yet again, most likely because of fear.<br />
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Representative Elaine Neikritz proposed legislation that would have allowed a carefully Restricted Driving Permit for qualified motorists with lifetime revocations. Given the extensive data that demonstrates a lifetime revocation doesn't necessarily have a deterrent effect or prevent DUI, the proposal would have allowed such a permit after a 5-year waiting period with a BAIID device. This type of device would prevent the motorist from operating the vehicle with any significant amount of alcohol in their system, even if that alcohol was not enough to impair them.<br />
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The proposed legislation received only 52 votes, eight votes shy of the 60 votes that were needed for it to advance. Concerns had been expressed that providing a individuals with an opportunity to drive again after four DUI convictions was just too much of a safety risk to drivers.<br />
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Rep. Nekritz had countered those arguments by reminding her colleagues that compelling committee testimony from persons who need another opportunity to drive to and from their employment had provided a valid reason to approve the legislative proposal. “We need to offer these people hope,” she said. "I know that it's controversial. I know that it's difficult. But I think it's the right policy for the state of Illinois."<br />
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Rep. Nekrtiz did use a parliamentary procedure designed to preserve possible a vote in the future on the same legislation in the event that she is able to pick up additional support. However, the odds of picking up that support are long given that more than a majority of the chamber voted against the bill.<br />
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The proposal would also have allowed some possibility of restoration of driving privileges after 10 years.<div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com1tag:blogger.com,1999:blog-4259055867306661648.post-65298652595255426752013-08-02T15:37:00.000-05:002013-08-02T15:37:38.496-05:00Don't keep secrets from your Criminal or DUI defense lawyer. Espescially not about the good stuff.I suppose nothing should really surprise me. But this week I had an hour-long conversation with a client about his <a href="http://www.myattorneysonline.com/Criminal_Defense/DUI_Defense.aspx" target="_blank">Chicago DUI</a> case. It was our first meeting, but it was obvious within a few minutes we were a great fit.<br />
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I was going to be his lawyer.<br />
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He was going to be my client.<br />
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No two ways about it, like I said, it was obvious - we hit it off right away. Part of that lengthy conversation involved learning about his past. I find that very often, DUI prosecutors (even the ones with icy cold hearts made of stone) actually care about who they are prosecuting. Even if they don't Judges may care who they are Judging, and at some point, they may actually have the opportunity to find out.<br />
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So it came as a bit of a surprise to me that despite asking about it earlier, I at last got my client to admit (<i>ADMIT?</i>) that he had been honorably discharged from the United States Navy not long ago, and had received a few medals and commendations along the way. Maybe it was just the way US servicemen are that they don't feel like it's any big deal.<br />
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It is. It matters. It may matter a lot. It reminded me of another similar story. Watch the video and find out why there's no place for humility when taking to your <a href="http://www.myattorneysonline.com/" target="_blank">Illinois DUI lawyer</a>, then, if you're facing criminal or DUI charges in Cook county, Lake county or DuPage county courts like Chicago, Skokie, Waukegan or Wheaton, pick up the phone and call us at 847-635-8200.<br />
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<br /><div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com4tag:blogger.com,1999:blog-4259055867306661648.post-75670551408886916632013-05-28T13:17:00.001-05:002013-05-28T13:17:52.510-05:00Think you have to prove you are not guilty? Not in this countryIf you've been arrested for an <a href="http://www.myattorneysonline.com/Criminal_Defense.aspx" target="_blank">Illinois criminal offense</a> or DUI, whether a felony or misdemeanor, you probably feel like your back is against the wall. You probably are turning it over in your mind in the middle of the night, worried you're forgetting something crucial. Because you believe you now have to prove your innocence.<br />
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Not in Chicago. Not in Illinois. Not in the United States of America.<br />
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We have a Constitution. That document notes that you, the defendant, have certain rights. Among those is the presumption of innocence, and the right to make the prosecution prove you guilty beyond a reasonable doubt. In the bad old days, and indeed in many countries today, you would indeed be called upon to prove you are not guilty of a criminal offense.<br />
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Watch the video for an explanation, and then pick up the phone and call 847-635-8200 for a free consultation. If you'd like, you can also review our many other helpful <a href="http://www.myattorneysonline.com/chicago_criminal_video_faq" target="_blank">videos about Illinois Criminal Lawyers and DUI Defense in the Chicago area</a>.<br />
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<br /><div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com0tag:blogger.com,1999:blog-4259055867306661648.post-81349709907354744852013-01-29T18:32:00.004-06:002013-01-29T18:32:26.322-06:00Give us your tired, your poor, your undocumented and we will license them!Illegal aliens, or undocumented immigrants if you prefer, have long had a problem. Forget the debate for the moment about whether their very existence within a particular space on the map is a violation of the law - that's not what this blog is about. "They" (and for convenience, not for any other reason, that's how I'll be referring to illegal aliens or undocumented immigr. . . oh, you get it now, don't you) have been otherwise unable to comply with a great many laws.<br />
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And far more importantly to everyone else around them, holding them accountable to our laws has also been nigh unto impossible.<br />
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What do I mean?<br />
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Hold that thought a moment. For now, we must mention some very big news here in Illinois. Trust me, it all fits in. <a href="http://www.chicagotribune.com/news/local/ct-met-quinn-immigrant-drivers-licenses-0128-20130129,0,4650541.story" target="_blank">Illinois has just passed a law that goes into effect later in 2013 which will provide the opportunity for undocumented or illegal immigrants to obtain valid driving privileges in Illinois.</a> This is going to have a significant effect, in some very interesting ways. Regarding Illinois DUI law, an arrest for DUI while unlicensed is a felony. Not because the driver did something particularly nefarious or had greater criminal intent (no one seems to care about intent when it comes to DUI, do they?) but simply because the driver, for whatever reason, does not have the State's imprimatur via a piece of plastic saying they can drive. Whether a person just never bothered to get a license (yes, we've seen that over here in our law office, recently in fact) or because they were legally unable to obtain a license, it is a crime to drive without a driver's license.<br />
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Now there are different reasons one might not be able to obtain a license. If your name is Dick Whitman, but you're posing as Don Draper, that might've worked in 1962, but nowadays, that's a tough sell. Maybe your license was taken away for a good reason by the State. Or, maybe there just was no way you could legally get one.<br />
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Rather than seeking out friends of a certain former Governor and Secretary of State of Illinois for help, you can now direct undocumented friends and family to an actual, honest to goodness legal way to get a license.<br />
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And it's good for all of us I say, no matter your political persuasion, that we'll have these "Temporary Visitor's Licenses".<br />
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Here's why:<br />
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<ul>
<li>A valid driver's license creates a vested interest in keeping that license valid. Think about this - aside from safety, what stops you from speeding? You want to keep that license, right? Yes you do, and so will "they".</li>
<li>Getting a valid driver's license is going to require familiarity with the rules of the road, just like every other licensed driver. </li>
<li>Vision tests. That's right, you can be undocumented or illegal. Just not blind, okay?</li>
<li>Included in those rules of the road is a requirement that we all maintain valid liability insurance.</li>
<li>Valid liability insurance means if we get into an accident, those we get into an accident with are not left on the roadside with empty hands (I really wanted to get more colorful there, but my kids might read this blog, you know?).</li>
<li>A valid driver's license has an address and identifying information on it, and this kind will be electronically tied to facial recognition software to prevent fraud. Know what that means? Accountability - "they" can be sued and more importantly, served. And if necessary, more easily tracked down by police if laws are violated.</li>
<li>Insurance companies are going to be very happy about those premiums, aren't they?</li>
<li>Greater accountability can only lead to one of those things we all want in our society in general - more stability and greater responsibility.</li>
<li>These silly (yes, silly I say) enhancements of DUI offenses to felony status simply because someone finds themselves in an impossible situation ends.</li>
</ul>
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Does it <i>feel</i> sort of like rewarding bad judgement or poor behavior or simply a sop to a sad story? Yes. It does a bit. That said, there's a lot to like about this one, espescially if we want a way to make "them" just as accountable to the law and to their neighbors as all the rest of "us".<br />
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And then "they" are actually in many important ways, a great deal more "us", aren't they?<br />
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Yes, driving is a privilege. But a <b>driver's license</b> is a government document which creates a government record. It's an albatross around all our necks - a yoke we all willingly wear for the benefit of our community.<br />
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I welcome your comments.<br />
<br /><div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com2tag:blogger.com,1999:blog-4259055867306661648.post-25814149083672466732013-01-01T15:20:00.001-06:002013-01-01T15:20:59.457-06:00Is drinking and driving the same thing as DUI in Illinois?Maybe you had a drink at dinner. Or you toasted the bride at a wedding. Perhaps you just enjoyed a beer with a friend. Under Illinois DUI law, is it illegal to drive home after you've had that drink? Many people automatically assume drinking and driving is DUI. But the answer may surprise you . . .<br />
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If you've been arrested for DUI in the Chicago area, but don't think you were impaired by the alcohol you consumed, you're going to need an attorney right away. Give us a call at 800-454-4Law or 800-454-4529.<br />
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<br /><div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com2tag:blogger.com,1999:blog-4259055867306661648.post-41711284269486652222012-12-14T08:49:00.001-06:002012-12-14T08:49:17.032-06:00Santa and DUII have to admit that upon reading the headline, I thought this was going in a very different direction. <br />
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The excellent article linked to below discusses the use of alcohol detection devices in your automobile. These are issues you need to know about now. This is coming <br />
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Happy holidays from Fagan, Fagan & Davis!<br />
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http://www.myrtlebeachonline.com/2012/12/13/3220723/santas-dui.html<div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com0tag:blogger.com,1999:blog-4259055867306661648.post-59904722391000789102012-10-23T17:50:00.001-05:002012-10-23T17:52:22.214-05:00Carlton Fisk arrested for DUI in IllinoisSay it ain't so, Carlton! The ex-Chicago White Sox Hall of Famer was apparently asleep behind the wheel, off the road in a cornfield. He was transported to the hospital according to reports, and was disoriented. Police found an open bottle of alcohol in the car.<br />
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The catcher's DUI attorneys may have fertile ground to challenge many aspects of this case, and we'll be curious to see what develops.<br />
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<a href="http://www.chicagotribune.com/news/local/suburbs/new_lenox/chi-carlton-fisk-dui,0,410988.story">Ex-Sox catcher Carlton Fisk arrested for DUI</a><div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com4tag:blogger.com,1999:blog-4259055867306661648.post-86484445059686970382012-10-21T20:15:00.001-05:002012-10-22T13:14:25.153-05:00Miss Howard Stern DUI (not Mrs. Howard Stern, thank you)!The formally crowned and currently reigning Miss Howard Stern, <a href="http://www.google.com/search?q=andrea+ownbey" rel="nofollow" target="_blank">Andrea Ownbey</a>, was <a href="http://www.chicagoduifirm.com/" target="_blank">arrested for DUI</a> after an accident on October 8, and took a breath test revealing a 0.17 breath result.<br />
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No word yet on whether the Howard Stern show will rescind Miss Ownbey's title due to a conflict with their high moral standards. Ahem . . .<br />
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<a href="http://www.tmz.com/2012/10/19/miss-howard-stern-andrea-ownbey-arrested-dui-sirius-xm/#">http://www.tmz.com/2012/10/19/miss-howard-stern-andrea-ownbey-arrested-dui-sirius-xm/#</a><div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com0tag:blogger.com,1999:blog-4259055867306661648.post-20858800793722999202012-09-16T15:41:00.001-05:002012-09-16T15:43:28.958-05:00Don't drink and drive! 'Cause that's DUI. Really? No.I'm going to say something about <a href="http://www.myattorneysonline.com/Criminal_Defense/DUI.aspx" target="_blank">DUI law</a> that might sound controversial. It isn't though - it just sounds that way. And that's because of the outrageous, emotionally exploitative mantra you've heard over and over. Say it with me . . .<br />
<a href="http://www.dot.il.gov/oper/duimemorialprogram.html" target="_blank">DON'T DRINK AND DRIVE</a><br />
. . . oh, didn't catch that one? Maybe you've heard . . .<br />
<a href="http://youtu.be/PPAiZGd200k" target="_blank">YOU DRINK, YOU DRIVE, YOU LOSE</a><br />
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Of course, there have been other great variants. They do their job well. They are catchy, they drive home the idea that . . . wait, what idea do they drive home exactly?<br />
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I'll tell you. The idea they drive home is that if you've consumed any alcohol whatsoever, even if you are in no way affected by it, someone (someone angry in uniform with a gun) is coming to get you because society won't tolerate it.<br />
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That's the message, but that's going too far. The truth is that unless it is otherwise illegal for you to consume alcohol, drinking and driving is not DUI, and you shouldn't lose a thing. Drinking to the point that your judgement is affected, your coordination, your sense of timing, your reaction time . . . that's what's important. Why not just say that?<br />
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It's not catchy, is it?<br />
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Want to learn more? Watch the video:<br />
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<br /><div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com1tag:blogger.com,1999:blog-4259055867306661648.post-59998449222522258452012-08-22T12:25:00.000-05:002012-08-22T12:25:33.138-05:00Chicago DUI payout for false arrests - too little, too late?Chicago was in a pickle. They had an officer, Richard Fiorito, who had been consistently accused of wrongful arrest by many different Defendants over a long period of time. As we've <a href="http://www.illinoisduiblog.com/2009/02/bad-boyz-of-chicago-chicago-pd-dui-hat.html" target="_blank">chronicled here before</a>, this goes beyond Officer Fiorito alone (who has resigned his position as of this past December). To get out of this pickle, the city will have to pay $450,000 to two separate plaintiffs and their attorneys.<br />
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As a different approach, perhaps the money might be better spent in the future on better training in DUI enforcement and professionalism?<br />
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<a href="http://www.chicagotribune.com/news/local/ct-met-dui-cop-lawsuit-20120822,0,4965880.story">Chicago to pay of $450,000 to 2 drivers over false DUI charges</a><br />
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If you face prosecution for <a href="http://www.1888duistop.com/" target="_blank">DUI in Chicago</a>, don't automatically give up without a fight. Call us for a free consultation at 847-635-8200.<div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com1tag:blogger.com,1999:blog-4259055867306661648.post-62683304547106572282012-08-22T10:44:00.000-05:002012-08-22T10:44:57.658-05:00How long is your Illinois Driver's License Suspension if this IS NOT your first DUI?A police officer arrests you for <a href="http://www.myattorneysonline.com/" target="_blank">DUI in Illinois</a>. After the officer has formed the belief you have been driving under the influence of alcohol, cannabis (marijuana), methamphetamine or some other intoxicating substance, he seems to be under the impression you can understand it if he reads you a bunch of legalese about driver's license suspensions. He refuses to explain any of it "sorry bro, I can't" and hands you a stack of papers.<br />
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Later, you realize . . . this means trouble.<br />
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Your drivers license is going to be suspended. But you've had a DUI before - so for how long is this suspension supposed to be?<br />
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Watch and learn, then call us.<br />
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<br /><div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com0tag:blogger.com,1999:blog-4259055867306661648.post-89596053102749943832012-08-21T21:37:00.001-05:002012-08-21T21:40:23.748-05:00Skokie has DUI Roadblocks scheduled for Labor day<h3>
Many municipalities will have DUI roadblocks, known in Illinois as Roadside Safety Checks (but we know what they are, don't we?), and we'll post what know about here.</h3>
For now, know that the Skokie police department will be out in force making DUI arrests on the following dates, times and locations.<br />
<ul>
<li>Friday, Aug. 24 – 25, 2012, 11:15 p.m. – 3:15 a.m., 5005 Dempster St., Skokie IL</li>
<li>Sunday, Sept. 02 – 03, 2012, 11:15 p.m. – 3:15 a.m., 5200 Touhy Ave, Skokie IL</li>
</ul>
DUI Roadblock arrests are valid in Illinois if the police follow the rules, but absolutely can be defended by experienced DUI lawyers, so if you find yourself in a pickle as a result of one of these "show me your papers" stops, call us at <a href="http://www.myattorneysonline.com/" target="_blank">Fagan, Fagan & Davis</a> at 847-635-8200, and we'll be happy to discuss your defense.<br />
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Here's the original publication in Skokie's "Patch" -<br />
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<a href="http://skokie.patch.com/articles/seat-belt-dui-checkpoints-scheduled-for-labor-day-weekend" target="_blank">Seat Belt, DUI Checkpoints Scheduled for Labor Day Weekend</a></h4>
<div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com0tag:blogger.com,1999:blog-4259055867306661648.post-8066717286170475962012-08-14T13:37:00.002-05:002012-08-14T13:37:32.306-05:00Does taking the DUI breath test mean automatic guilty? Definitely not!Motorists arrested for <a href="http://www.myattorneysonline.com/" target="_blank">DUI in Illinois</a> typically take a breath test or other chemical test, like blood or urine. Illinois law is structured to encourage people to take the breath test, and police officers are trained to push them as well.
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The vast majority of those who do submit to breath testing blow a 0.08 or above, the legal limit under Illinois law as well as nationwide. A common question we get at Fagan, Fagan & Davis is if you took the breath test and the result was 0.08 or higher, is there any chance of winning the DUI?<br />
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In some cases, yes there certainly is - but far too many defendants and lawyers give up without a fight and plead guilty without ever exploring issues real DUI lawyers look at every day to help their clients. <br />
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Watch the video to learn more, then, if you're facing a <a href="http://www.1888duistop.com/" target="_blank">DUI in the Chicago</a> area, pick up the phone and call our office to discuss!<br />
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<div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com1tag:blogger.com,1999:blog-4259055867306661648.post-76767932693475840242012-08-08T16:48:00.000-05:002012-08-08T16:48:54.279-05:00Weird DUI of the Day: Pastor suspended after DUI, nude-driving arrestThe truth? People of all stripes (and some without stripes at all, or anything for that matter) get arrested for DUI every day. Even well-liked pastors. Even naked.<br />
<a href="http://www.azcentral.com/offbeat/articles/2012/08/08/20120808PNI0808-wir-michigan-pastor-nude-driving-dui-arrest-suspension.html">Pastor suspended after DUI, nude-driving arrest</a><br />
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Seriously, based on the article and other reports, it is entirely possible that there is more to the story here, and prescription drugs may have played a part in this unexpected situation. Hopefully, the pastor engages the services of a DUI attorney that will take a careful look into . . . the bare truth.<div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com0tag:blogger.com,1999:blog-4259055867306661648.post-59360006238699816162012-08-01T14:59:00.002-05:002012-08-01T14:59:30.480-05:00First DUI Arrest? How long will that Statutory Summary Suspension last?It was a bad night. A police officer has just arrested you for <a href="http://www.1888duistop.com/" target="_blank">DUI in Chicago</a>, maybe in the suburbs or on the highway by the Illinois State police or some local police department. You're tired. You're confused. You're scared. Maybe you had something to drink or smoke (<i><span class="Apple-style-span" style="font-size: xx-small;">allegedly</span></i>).<br />
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And then the officer reads you a bunch of stuff and hands you some papers. Maybe you'll even try to read them.<br />
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When arrested for <a href="http://www.myattorneysonline.com/" target="_blank">DUI in Illinois</a>, you're supposed to be warned that if you take a breath test or a blood or urine test and show a positive result, you'll be suspended for a certain amount of time. You're supposed to be told that if you refuse any test, that changes the amount of time.<br />
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Here's what you need to know to decipher all that mess.<br />
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<object width="320" height="266" class="BLOGGER-youtube-video" classid="clsid:D27CDB6E-AE6D-11cf-96B8-444553540000" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=6,0,40,0" data-thumbnail-src="http://i.ytimg.com/vi/R_Se41H-1SI/0.jpg"><param name="movie" value="http://www.youtube.com/v/R_Se41H-1SI?version=3&f=user_uploads&c=google-webdrive-0&app=youtube_gdata" /><param name="bgcolor" value="#FFFFFF" /><param name="allowFullScreen" value="true" /><embed width="320" height="266" src="http://www.youtube.com/v/R_Se41H-1SI?version=3&f=user_uploads&c=google-webdrive-0&app=youtube_gdata" type="application/x-shockwave-flash" allowfullscreen="true"></embed></object></div>
<br /><div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com0tag:blogger.com,1999:blog-4259055867306661648.post-30741433344570342752012-07-27T13:26:00.000-05:002012-07-27T13:26:38.431-05:00Do you need a lawyer for your DUI arrest in Illinois?<i>Subtitle: Do you need a cardio-thoracic surgeon or will you be performing your own heart surgery today?</i><br />
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<iframe allowfullscreen='allowfullscreen' webkitallowfullscreen='webkitallowfullscreen' mozallowfullscreen='mozallowfullscreen' width='320' height='266' src='https://www.youtube.com/embed/XCK0FDrQCaU?feature=player_embedded' frameborder='0'></iframe>Really. That's about the size of it. <a href="http://www.1888duistop.com/" target="_blank">DUI in Illinois</a> has so many potentially far-ranging consequences that it makes the question seem almost silly. In fact, if for some strange reason you appear at your first court appearance without an <a href="http://www.myattorneysonline.com/" target="_blank">Illinois DUI lawyer</a>, the very first thing you'll likely hear from the Judge is <b>"where is your attorney?"</b><br />
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That isn't the Judge being smart-alecky (though some members of the bench are pretty adept at that). If you tell a Judge you don't have an attorney for a DUI, watch their face as they attempt to stop themselves from rolling their eyes. Most of the time they'll be successful just because they're too busy, but sometimes you might catch them in the act.<br />
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DUI isn't a traffic case. It isn't a criminal case. It isn't a seminar on forensic science. It isn't civil litigation. No, in Illinois, <b>it's all those things and more</b>. There are aspects of every one of those fields involved, and punishments range from the civil, such as driver's license suspension or revocation, to the criminal, including jail or prison time, significant fines, community service, and alcohol or substance treatment. DUI can affect your future employment prospects, social standing, and where applicable, immigration status.<br />
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In short, you need a lawyer. A lawyer that focusses on defense of DUI.<br />
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<b>Now.</b><br />
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<br /><div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com1tag:blogger.com,1999:blog-4259055867306661648.post-75359716102675235902012-07-13T11:30:00.000-05:002012-07-13T11:30:02.727-05:00Does a DUI suspension begin immediately after a DUI arrest?A <a href="http://www.1888duistop.com/" target="_blank">DUI arrest in Illinois</a> is scary enough. Then you might hear an officer or some well-meaning soul telling you (or <i>implying</i>) that your driver's license is going to be suspended right away. But that's just what happens.<br />
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Before you wonder how you're going to get to work, school, the grocery store, the doctor in the morning, take a peek at this:<br />
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<object width="320" height="266" class="BLOGGER-youtube-video" classid="clsid:D27CDB6E-AE6D-11cf-96B8-444553540000" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=6,0,40,0" data-thumbnail-src="http://i.ytimg.com/vi/8cREV0UM_VM/0.jpg"><param name="movie" value="http://www.youtube.com/v/8cREV0UM_VM?version=3&f=user_uploads&c=google-webdrive-0&app=youtube_gdata" /><param name="bgcolor" value="#FFFFFF" /><param name="allowFullScreen" value="true" /><embed width="320" height="266" src="http://www.youtube.com/v/8cREV0UM_VM?version=3&f=user_uploads&c=google-webdrive-0&app=youtube_gdata" type="application/x-shockwave-flash" allowfullscreen="true"></embed></object></div>
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Then give us a call at 847-635-8200, email us at <a href="mailto:office@ffdlawyers.com">office@ffdlawyers.com</a>.<div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com0tag:blogger.com,1999:blog-4259055867306661648.post-46794710466643052302012-07-10T11:12:00.000-05:002012-07-10T11:12:15.133-05:00Ever wonder what to wear to your court date? Or what not to wear?Very often clients ask us what to wear to court when appearing for an <a href="http://www.1888DUIstop.com/" target="_blank">Illinois DUI</a> case or a <a href="http://www.myattorneysonline.com/" target="_blank">criminal defense</a> case, and we're grateful they do. Some don't bother asking. Sometimes the results are fun, and sometimes not.<br />
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Of course, sometimes those are the very people who might need to hear our advice. If you'd like to learn about how you should dress for Court (and you should) check out our video below.<br />
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So to recap, while a suit and tie or your "Sunday best" wouldn't hurt, semi-casual attire attire will do nicely. No boy shorts, tank-top tees, or shirts with pictures of big marijuana leafs on the back, ok?<br />
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Call us at 847-635-8200 now or email office@ffdlawyers.com for help with your case!<div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com0Chicago, IL, USA41.8781136 -87.629798241.6889521 -87.94565519999999 42.067275099999996 -87.3139412tag:blogger.com,1999:blog-4259055867306661648.post-64930086171140930782012-06-20T20:08:00.000-05:002012-06-20T20:08:57.817-05:00Driver charged with DUI after SUV sideswipes "party bus" on Eisenhower - no, really.People wonder if Chicago is a party town. Apparently there was a party in the bus . . . as well as next to it. Somebody needs a great <a href="http://www.1888duistop.com/" target="_blank">Chicago DUI lawyer</a> fast.<br />
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<a href="http://articles.chicagotribune.com/2012-06-19/news/chi-suv-sideswipes-party-bus-on-eisehower-expressway-20120619_1_party-bus-sideswipes-driver#.T-JzK6c6THY.blogger">Driver charged with DUI after SUV sideswipes "party bus" on Eisenhower</a><div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com2tag:blogger.com,1999:blog-4259055867306661648.post-85048796777152428252012-05-10T21:04:00.000-05:002012-05-10T21:04:24.477-05:00Arrested for DUI. Lost Job. DUI Dismissed. Justice?It happens. People get arrested for DUI and other criminal offenses every day. Many face the fear they'll lose their jobs over it. If their jobs are public enough, sometimes they even feel pressure to resign though they have a great <a href="http://www.myattorneysonline.com/" target="_blank">criminal defense attorney</a>, have every intention of fighting for themselves, and might actually not be guilty of the charges they face.<br />
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Consider the sad tale of one J. Randolph Babbitt. Yes, that Babbitt, the former head of the Federal Aviation Administration, who resigned in shame over his <a href="http://www.1888duistop.com/DUI_Defense/DUI_Arrests_in_Chicago.aspx" target="_blank">DUI arrest</a> amid public outcry. <a href="http://www.upi.com/Top_News/US/2012/05/10/DUI-against-former-FAA-head-is-dropped/UPI-69151336699764/" target="_blank">UPI reports today that Mr. Babbitt's DUI was recently dismissed</a> due a violation of Babbitt's Constitutional rights protecting him (and you) from unlawful arrest. The police must have probable cause to make an arrest for DUI, and in this case, the Judge did not see it.<br />
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Meanwhile, Mr. Babbitt is out of a job.<br />
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Justice?<br />
<br /><div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com0tag:blogger.com,1999:blog-4259055867306661648.post-82521938706139903602012-05-04T17:23:00.001-05:002012-05-04T17:23:24.324-05:00Gotta go on Cinco de Mayo? You might get arrested for DUI!A recent study likened the impairing effects of need to use the facilities as similar to those exhibited when <a href="http://www.1888duistop.com/" target="_blank">driving under the influence of alcohol</a>.<br />
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Put aside for the moment the quality of that research and think about that.<br />
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Are you likely to drink and then afterwards drive this May 5 for Cinco de Mayo? That's legal as long as you haven't drunk to the point you're intoxicated, but even so, you might just need to hit the john before you get going, or risk your local Illinois police officer mistaking your little dance for evidence of a DUI.<br />
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Drive safe and smart, and remember to call <a href="http://www.myattorneysonline.com/" target="_blank">Fagan, Fagan & Davis</a> at (847) 635-8200 if you need help!<br />
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<a href="http://now.msn.com/living/0423-peeing-while-driving.aspx" target="_blank">Study says having to pee at the wheel is like driving drunk - MSN.com</a><br />
<br /><div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com0tag:blogger.com,1999:blog-4259055867306661648.post-86993663376959535482012-04-26T21:24:00.000-05:002012-04-26T21:25:16.756-05:00Worried that people getting arrested for DUI just won't learn their lesson? Don't.According to the <a href="http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf" target="_blank">Illinois Secretary of State 2012 DUI FactBook</a>, 85% of all people arrested for <a href="http://www.myattorneysonline.com/" target="_blank">DUI in Illinois</a> in 2010 were first-time offenders. Also according to the report, 3,440 motorists resulted in revocations after their second offense, 866 for their third, and 436 for their fourth or later (a revocation only occurs after a conviction, and does so automatically). The overall number of DUI arrests has decreased annually from 2008 through 2010 as well.<br />
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Unless police simply aren't arresting as many people for some reason, it would appear that Illinois' efforts at preventing recidivism, or the tendency to re-offend, are largely effective.<br />
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In Illinois, motorists charged with DUI for the first time are generally eligible for a special one-time chance to dispose of their case via a sentence of Court Supervision. After a finding of guilty, whether after trial or plea of guilty, a defendant can avoid a conviction and jail as long as they comply with certain conditions. This is no free ride - there are significant fines, alcohol education classes and treatment are required, and a criminal record remains forever. The Court also requires a VIP or <a href="http://www.madd.org/local-offices/il/victim-impact-panels.html" target="_blank">victim impact panel</a> run by MADD, and can require significant community service, random alcohol testing and other conditions.<br />
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Consistent with the Secretary of State's previous reports on the issues I've written about, the cost of a DUI remains extremely high, and the Secretary of State still pegs the estimated cost of a first DUI at over $16,000.<div class="blogger-post-footer">©2011 Copyright Steven H. Fagan, PC - all rights reserved.</div>SteveFhttp://www.blogger.com/profile/00852454975487145167noreply@blogger.com0