Will Aggravated Speeding be the new DUI in Illinois?

Is Aggravated Speeding doomed to be the new Illinois DUI?

Many shake their heads in disbelief. It might seem bizarre, but in Illinois Aggravated Speeding is a crime.

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.

Just like a DUI.

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.

Just like a DUI.

"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.

Just like DUI. 

Here's the question, and I'm curious as to your thoughts, so please comment below:
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 lawyers at Fagan, Fagan & Davis become a necessity, not a luxury.

So in ten, twenty or thirty years time, will motorists charged with Aggravated Speeding be similarly stigmatized and vilified for it?

Just like DUI?

You tell me, in the comments section.

Don'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 Chicago DUI case. It was our first meeting, but it was obvious within a few minutes we were a great fit.

I was going to be his lawyer.

He was going to be my client.

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.

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 (ADMIT?) 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.

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 Illinois DUI lawyer, 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.

Think you have to prove you are not guilty? Not in this country

If you've been arrested for an Illinois criminal offense 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.

Not in Chicago. Not in Illinois. Not in the United States of America.

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.

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 videos about Illinois Criminal Lawyers and DUI Defense in the Chicago area.

Is 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 . . .

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.

Don't drink and drive! 'Cause that's DUI. Really? No.

I'm going to say something about DUI law 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 . . .
DON'T DRINK AND DRIVE
. . . oh, didn't catch that one? Maybe you've heard . . .
YOU DRINK, YOU DRIVE, YOU LOSE

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?

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.

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?

It's not catchy, is it?

Want to learn more? Watch the video:

Gotta 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 driving under the influence of alcohol.

Put aside for the moment the quality of that research and think about that.

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.

Drive safe and smart, and remember to call Fagan, Fagan & Davis at (847) 635-8200 if you need help!

Study says having to pee at the wheel is like driving drunk - MSN.com

Worried that people getting arrested for DUI just won't learn their lesson? Don't.

According to the Illinois Secretary of State 2012 DUI FactBook, 85% of all people arrested for DUI in Illinois 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.

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.

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 victim impact panel run by MADD, and can require significant community service, random alcohol testing and other conditions.

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.

Man bites dog: Woman with 0.295 breath test NOT charged with DUI in Illinois!

In a bizarre twist, according to the Chicago Sun-Times, a driver in an accident in Cook county, right around the corner from Chicago, Illinois, allegedly was found with a spent bottle of Patron, failed field sobriety tests, and then submitted to a breath test that showed a 0.295 breath alcohol level. For those who may have been living on Mars, that's a lot.

And then she was not charged with DUI.

The officer reportedly told the driver she was "getting a break." I have to agree - an Illinois DUI arrest means big trouble, including a minimum six month license suspension, criminal charges that carry penalties up to 364 days in jail and $2500 in fines plus court costs. As I've said here before, according to the Illinois Secretary of State, dealing with a DUI in Illinois costs around $15,000.00 when all is said and done. The Illinois Department of Transportation puts that number more at about $19,000.00.

So yes, while there may indeed be missing facts we don't have (maybe the officer saw the driver chugging the bottle of Patron while standing outside her car after the accident, or maybe she's in the Federal witness protection program?), it's fair to suggest this qualifies as "getting a break".

Most people aren't so lucky, and if you or your loved one is not "getting a break" on a DUI, criminal or traffic matter, don't hesitate to call and speak with me or one of my partners at Fagan, Fagan & Davis by calling 847-635-8200 now for a free consultation.

No Breaking Dawn for this young lady. She's grounded.

Illinois Teenager Blames DUI Crash On Not Seeing 'Twilight' Film: Police Arrest Olivia Ornelas

Thousands of dedicated fans turned out over the weekend to see "The Twilight Saga: Breaking Dawn - Part 1." But for one teenage girl, the tragedy of not making it was a lot worse than choosing between Jacob or Edward.
Police in Illinois arrested an "extremely upset" 18-year-old girl on Saturday after she told authorities that she crashed her car because her boyfriend did not take her to see the new Twilight movie.

Oh yeah. HuffPo does an Illinois DUI story right.

What does a DUI cost in Illinois anyways?

Fagan, Fagan & Davis attorneys literally speak to hundreds of people charged with DUI in Illinois every year. Without fail, people ask one question: what is this crazy situation going to cost me?!

Great question. While there's no stock answer, let's take a look at what the Illinois Secretary of State has to say on the subject.

Click on the image and you can get a look at the Secretary of State's math. According to the Jessie White's office, the "average" cost of a DUI conviction in Illinois is over $16,100.

We regularly do quite a bit better than this for our clients, especially when our representation results in dismissal of the charges.

This chart anticipates hiring an attorney "uncontested plea" - meaning walk in and give up, we suppose. But whatever we might think of the Secretary's assumptions and calculations, that's one hefty price-tag!

For an independent take on the structure of anticipated attorney fees for DUI, check out this take on DUIAttorney.com.

A change is in the wind . . . er, breath.

Illinois law regarding permits for those suspended based on an accusation of DUI has undergone it's first overhaul since inception in 2009. Illinois Governor Pat Quinn today signed Public Act 96-1526 into law.

Until now, a motorist facing DUI charges in Illinois courts was able to apply to the Court for an MDDP, or Monitoring Device Driving Permit. This MDDP enables motorists suspended for either 6 months (if they submitted to chemical testing such as a breath test) or 12 months (if they refused breath, blood or urine testing) to drive for all but the first month with one significant restriction - that of a BAIID installed in their vehicle. BAIID is alphabet soup for a Breath Alcohol Ignition Interlock Device, and the idea is that the motorist provide a breath sample by blowing into the BAIID, which, assuming no significant amount of alcohol is detected, would allow the vehicle to start.

Illinois law specifies (as it has for over decades in a comparable scheme previously employed called a JDP) that only first offenders as defined by suspension law qualify for the permit. Based on that statute, as well as case law addressing the issue clearly, for purposes of DUI-based suspensions of the sort we're talking about here, a first offender basically means someone who has not had a DUI within the previous 5 years.

The problem was simple - a small group of Judges did not want the responsibility of being the gatekeepers issuing these DUI permits for those motorists who had any kind of DUI history, no matter when, no matter what the law said. If a motorist ever had a DUI, they refused to agree that the application was accepted. Some went further and refused to issue the MDDP for certain types of cases, higher breath tests for example. Never mind that the BAIID would prevent those motorists from driving with any significant amount of alcohol at all, they simply didn't want their names on those MDDP permit applications anywhere.

The solution required by these very few Judges was PA 96-1526. This law eliminates the Judge from the screening process, and requires the motorist to deal with the Secretary of State directly. There is an argument that having one more gatekeeper in the process was a desirable thing, so whether this is a good idea for Illinois DUI law remains to be seen.

It should be noted that these restrictions on a person's freedoms occur without any determination of guilt whatsoever. Before doing anything, anyone merely accused of committing the offense of DUI in Illinois should consult an experienced Illinois DUI lawyer, and that includes consulting an attorney before applying for an MDDP and addressing a summary suspension.

Fun Facts: DUI - All of Illinois vs Los Angeles County

Sometimes with DUI, it's interesting to take a step back and look at the big picture. Yes, sometimes it looks like a bunch of meaningless numbers collected by government agencies, but what the heck?

Los Angeles County California, if nothing else, is a cultural and socioeconomic microcosm . . . ok, it's a freakshow fun to follow, and they have great weather, and I'm envious because in Chicago where I live and practice DUI law, if you don't like the weather, wait five minutes. And they have Smokin', which, if you've never been . . . I feel sorry for you. Mmmm. . .

But I digress. Here's the point, check out these stats and let me know what you think!

Los Angeles County California population as of 2007: 9,807,870

LA County DUI arrests in 2007: 42,736

Illinois population as of 2008: 12,901,563

Illinois DUI arrests in 2008: 48,113

What's so interesting about that other than that LA County has a lot of freaking bodies packed into a very tight space? Why the percentages, of course!

According to this, there are 4.36 arrests for every 100 actors-working-as-waiters living in LA county! Contrast this with the 3.73 arrests per 100 actually-living voters, alderman and precinct bosses living in Illinois (not just Chicago), and maybe Illinois hasn't earned quite the level of hysteria regarding DUI that our more glamorous western friends experience on an hourly basis. Maybe.