The Road to Reinstatement Starts with an RDP
The DUI Laws in Illinois are tough. Over the years, the breath or blood alcohol concentration (BAC) to find someone legally under the influence of alcohol has been reduced from .10 to .08; the availability of the sentence of “court supervision” to avoid a conviction, and loss of one’s driver’s license, has been limited to once in a lifetime; former misdemeanors have been enhanced to felonies and jail sentences have become prison sentences.
But even a DUI conviction, revocation of their driver’s license and loss of driving privileges will not stop some people from continuing to drive. In most cases, people drive not to defy the law, but to get to work or school, get their kids to daycare or after-school activities, take elderly parents to the doctor, buy groceries and support their families.
The harsh consequence of driving after a DUI conviction is usually a mandatory jail sentence or hundreds of hours of community service. Repeat offenders are often charged with felonies and third-time offenders can be charged with a Class 1 felony, punishable by 4 – 15 years in prison and a fine up to $25,000, with no possibility of probation.
My advice to people whose driver’s licenses have been revoked following a conviction for DUI – Don’t Drive until you get Legal to Drive!
When a Debtor files a Bankruptcy Petition, the ultimate goal is to obtain a Court Order called Discharge of Debtor. This may take only a few months under a Chapter 7 “no asset” case or up to five years in a Chapter 13 repayment case.
But except for certain non-dischargeable debts, the Discharge of Debtor “operates as an injunction against the commencement of continuation of . . . an act to collect, recover or offset any such debt as a personal liability of the debtor.”
Unfortunately, some creditors, out of ignorance or spite, ignore the discharge injunction and continue collection activities, including calling, harassing, suing, or attempting to garnish wages or bank accounts of the debtor, or even seize property of the discharged debtor.
ANSWER: It depends – on a lot of things. What is your age? What is your driving history? Do you have any convictions on your record? Are you currently on Court Supervision or Probation? Was your driver’s license valid or expired or suspended or revoked? Was there an outstanding warrant for your arrest? How fast were you charged with driving? Are you contesting the speed? Was there an accident? Did you have insurance? Were you charged with fleeing and eluding? Did you cooperate with the officer? Did you consent to a search? Was any contraband found in the car? What other charges were filed along with the speeding ticket? Do you have a C.D.L.? Will one more conviction lead to a suspension of your driving privileges? Are you a U.S. citizen? All of these factors can have significant impact on your eligibility for a leniency, the seriousness of the sentence imposed if found guilty, and the ultimate strategy for your defense.
In my 30-plus years of practice, I’ve helped thousands of people through bankruptcy. In most cases, the bankruptcy filers (debtors) have accomplished their goals – stopping collection activities (calls, letters, judgments, garnishments), obtaining forgiveness (discharge) of debts, and protecting their assets (up to applicable exemption limits). Although some debts are not dischargeable (including domestic support obligations, recent tax liabilities, student loans and intoxicated driving liability), there are some tips you can follow after earning a fresh start to rebuild your credit and begin life after bankruptcy.
People considering bankruptcy are dealing with an unmanageable amount of debt. Although a bankruptcy may eliminate the debt, it’s important to understand the reason or reasons for the debt to avoid repeating the same problems in the future. Was the debt a result of a job loss, divorce, vehicle repossession, mortgage foreclosure, a failed business, student loans, overuse of credit cards, high-interest loans, gambling or catastrophic medical bills? Had the financial stress boiled over as a result of an eviction, sheriff’s sale, garnishment or seizure of assets? Some of these problems are beyond your control – others may be avoided with better financial management skills. The mandatory credit counseling and personal financial management classes, required of all individuals filing a bankruptcy case, help debtors develop these skills for starting over after bankruptcy.
If you’ve been charged in Illinois with DUI (Driving Under the Influence of Alcohol/Drugs/Intoxicating Compounds), you are in serious trouble. If convicted, you are facing the loss of your driver’s license or driving privileges, possible incarceration in the county jail or state prison, and substantial fines, court costs and hours of counseling. Even if jail can be avoided, you may not be able to drive your car without having an expensive Breath Alcohol Ignition Interlock Device (BAIID) installed in your vehicle before you can drive it.
For these reasons, it is imperative that you have a very good attorney on your side to represent you and counsel you in your upcoming court proceedings. Whether you are looking for your attorney to challenge the 6-month or longer statutory summary suspension, negotiate a favorable plea agreement, file motions to quash the arrest or suppress evidence, or contest the charges in a bench or jury trial, there are critical things to look for when you hire a DUI attorney:
Victims May Not Be Able to Recover if Injured
Spring weather brings out the golfers and start of the season of Golf Outings. Taking a good swing, making good contact and sending a straight shot that lands where you wanted the ball to land is a great feeling and great fun. But, more often for some than others, the ball may hook or slice off to the side, maybe onto another fairway. If you are really unlucky, the ball might even strike and injure another person.
Golf Digest reports that some 40,000 people are admitted to emergency rooms every year with head injuries caused by errant golf balls and flying club heads. This can lead to skin lacerations and bruising to cerebral hemorrhage to skull fractures and sometimes death. The greatest injuries result from blows to the side of the head.
National numbers down but little change in Chicago
In 2016, there were 294,396 personal bankruptcy filings in the U.S., down from 299,515 in 2015 and 307,783 in 2014. This includes 40,774 personal bankruptcy filings in Chicago in 2016, slightly down from 43,534 in 2015 and 40,774 in 2014. But the 11,194 cases filed in the first quarter of 2017 are only 93 fewer than in the first quarter of 2016.
Why are there still over 40,000 personal bankruptcy cases filed in the Chicago area each year?
The Illinois Workers’ Compensation Act provides a system of benefits to employees who suffer injuries resulting from on-the-job accidents. This Act provides limited benefits, regardless of fault, but is an exclusive remedy for a covered employee – meaning they can’t directly sue their employer for negligence. If you have been injured at work, there are at least 5 things to consider before filing a claim for workers’ compensation benefits:
Only employees are entitled to benefits under the Workers’ Compensation Act. The benefits include payment of reasonable and necessary medical bills (for injury-related medical treatment), temporary disability payments while you are off of work (with a doctor’s authorization), compensation for temporary or permanent disability, or death benefits for surviving family members. In some cases, an employee can seek compensation for the wage difference between their old and new job, or vocational rehabilitation – job training or education if the employee can no longer do their old job. Contract workers, real estate brokers, and commission sales persons are not covered under the Act.
Since the early 1900’s, U.S. Presidents have issued over 13,000 Executive Orders (EO). These are legally binding orders used to direct action by federal agencies under the President’s control. EO’s are more expedient than waiting for laws to be passed by Congress. But like other laws, they must comply with the U.S. Constitution and Amendments to be enforceable.
On January 27, 2017, President Trump issued an Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into the United States.” On its face, this sounds desirable for everyone’s safety. However, the directive of the EO was to suspend all refugee admissions for 120 days, bar Syrian refugees indefinitely, and restrict immigration from Iraq, Iran, Syria, Somalia, Sudan, Libya, and Yemen. Despite the EO’s title, none of the listed countries were responsible for the attacks on 9/11 or any terror attacks on U.S. soil since then.
Just a short trip for a pack of cigarettes or maybe a taco. Not too far, not gone for long. Wheels barely crossing over the center line after a wide left turn. Sitting still after the light turns green, head resting on the wheel. Hitting a bump too hard, car pulling right, warped wheel rolling flat. Might be best to pull off the road awhile and nap.
These are some of the scenarios leading to DUI charges against my clients: weaving and crossing over the double yellow line, stopped in the middle of the intersection, driving on a flat tire, sleeping on the side of the road.
Today, we remember, reflect upon, and honor those whose lives were lost in the surprise attack on the U.S. naval base at Pearl Harbor, Hawaii, 75 years ago on December 7, 1941. Shortly before 8:00 a.m. on a quiet Sunday morning, 353 Imperial Japanese fighter planes, bombers and torpedo planes launched from six Japanese aircraft carriers. The attack sank four U.S. Navy battleships and the USS Arizona, damaged some 20 ships, destroyed 188 U.S. aircraft, and killed 2,403 Americans, wounding 1,178 more.
A lot of the lawyers that John Grisham writes about he describes as “ham and eggers.” These are generally the small firm and solo lawyers, advertising for clients and serving the legal needs of ordinary people. They don’t get the biggest cases or earn the biggest payday. They rarely make headlines and are not likely to change the world. But even ordinary people with ordinary legal problems need not settle for the ordinary when trying to find a lawyer.
Perhaps today or tomorrow, the Chicago Cubs will clinch the Central Division championship and begin preparing for another playoff run. Considering that the Cubs have not appeared in a World Series since 1945 and not won a World Series championship since 1908, playoff tickets will be scarce and prices will soar.
Unless you’re a season ticket holder or have friends in high places, you’ll pay a lot to witness history in person. Unfortunately, we at Martucci Law will be scrambling for tickets like everyone else. A check with an authorized ticket broker advertises playoff tickets ranging from $250 to $750 and projects World Series tickets at $3,000 and up. The scammers will also be out to sucker the unwary.
Fireworks are still NOT legal in Illinois. Most people lining up at the fireworks stores across the state line know that they can legally buy firecrackers, bottle rockets, and roman candles in Indiana. That doesn’t make them legal when they bring them back to Illinois. The Pyrotechnic Use Act makes the possession, sale, or use of consumer fireworks a Class “A” misdemeanor, punishable by up to one year in jail and a fine up to $2,500 plus court costs. Best to leave the explosive entertainment to the professionals, who are trained, licensed, and carry one million-dollar minimum insurance policies.
June is the month for graduation parties, outdoor barbecues, music festivals, warm weather and the start of Summer fun! Many of these events include alcoholic beverages. While drinking alcohol is legal, common, and socially acceptable, drinking to the point of impairment may not be.
Nearly 5000 people die each year in motorcycle crashes and over 90,000 are injured. The Insurance Information Institute reports that the chance of dying in a motor vehicle crash are 26 times higher for a motorcycle rider than the occupant of a car. With 8.5 million motorcycles on the road, automobile drivers need to pay more attention to the bikers around them. The NHTSA urges all motorists to “share the road” with motorcycles and be extra alert to help keep motorcyclists safe.
When life throws you a financial curveball, how can you stay in the game? How can you get back to your feet, shake off the dust, and dig in for the next high and inside brush-back from the game of life?
Most Americans are honest, hardworking people. They juggle precious resources to pay their mortgages, buy groceries, keep gas in their cars and sacrifice their own needs and wants to send their kids to college. Often, budgets are tight and people manage to get by only when everything, everyone, and the economy are working together smoothly. Then, when one of life’s financial curve balls breaks out of nowhere, you may suddenly have to duck for cover.
From the time money was invented, people with money have made agreements to lend it and borrowers have made promises to pay it back, often with interest. Since then, borrowers have reneged on their promise to pay and lenders have implored various means to collect their debts.
Greg Martucci will be performing with members of the DuPage County Bar Association, comprising the cast, crew, and band for the DCBA’s 41st Annual Judges’ Nite on Friday, March 4, 2016 at the MAC Theater at College of DuPage. The show titled Narcolepsy The Musical: CLE Will Never be the Same, is a fundraiser for the DuPage Legal Assistance Foundation and DuPage Lega Aid, which provides legal representation to the indigent of DuPage County.