In Illinois, you can lose your commercial driver’s license (CDL) for at least one year if you are stopped for certain driving-related offenses, even if you weren’t in a CMV at the time! You may be penalized for refusing a breath or blood test, having blood alcohol of at least .04 when driving a CMV or at least .08 when driving a non-CMV. Furthermore, your CDL can be suspended if you knowingly leave the scene of an accident, commit a felony when driving any vehicle or if you drive a CMV on a revoked or suspended license. If you were driving hazardous materials when any of the above happened, you can lose your CDL for at least 3 years.

If you are convicted a second time, you can say good bye to your CDL for life, although the Secretary of State can under certain circumstances reduce the suspension to a period of 10 years.

Even less severe traffic offenses can play havoc with your CDL. You can lose your CDL for at least two months if you receive convictions for two serious traffic violations (such as speeding) within three years, and for at least four months if you have three convictions in three years, even though you weren’t driving a CMV at the time

If you continue to drive a CMV after the Secretary of State has issued an “out of service” order suspending your CDL, you can receive additional suspension penalties.

If you are stopped for any traffic-related offense, you should not speak about the incident to the police or anyone else, and you should contact an attorney immediately to discuss your options. It is critical that you rigorously pursue any defense you might have if you wish to maintain your CDL. The State still has the burden of proof to show that you were guilty of an offense beyond a reasonable doubt. An attorney can help expose weaknesses in the state’s case. Even if your case seems hopeless, an experienced attorney may be able to work out a plea arrangement for a lesser offense, with a shorter suspension time.

If you are threatened with the loss of your CDL or have other questions, feel free to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com.

See our related DUI blog at http://duilawyerskokie.com.

(Besides Skokie, Matt Keenan also serves clients in the communities of Arlington Heights, Buffalo Grove, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Highland Park, Kenilworth, Morton Grove, Mount Prospect, Niles, Northbrook, Palatine, Park Ridge, Rolling Meadows, Schaumburg, Wilmette and Winnetka.)

The post “BUT I’LL LOSE MY JOB!:” TRAFFIC VIOLATIONS AND THE COMMERCIAL DRIVERS LICENSE appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Unfortunately, an officer pulled you over. Now, you are charged with an alcohol-related driving offense and face the suspension of your driver’s license.

Under the Zero Tolerance policy, the Illinois Secretary of State will automatically suspend the license of any driver under age 21, who has been caught drinking or even carrying open alcohol in the passenger compartment of their car. You need not be anywhere close to the .08 breathalyzer limit to lose your license. Any trace of alcohol in your system is enough, even a .01 reading.

You may also lose your license for having open alcohol in the passenger section of your car, even if the bottle wasn’t yours. If it is your bottle, you face a charge of illegal possession. But if it is not, you can still be charged with illegal transportation, causing the loss of your license for 12 months on a first offense.

If you are under the age of 21 and have been charged with an alcohol-related crime, you should immediately seek the advice of an attorney. You may be able to contest the charges against you. Maybe the officer lacked the probable cause to pull you over. Maybe you can negotiate a plea to a lesser offense.

Even if you are convicted of an alcohol-related offense, you may be able to obtain a restricted driving permit. The Secretary of State allows you to request a hearing to determine if you have a sufficient hardship to grant the permit. Primarily, permits are granted to allow you to go to work or to obtain medical care.

If you have been charged with a crime, it is essential that you not speak about these charges with anyone, either in person or through electronic means such as twitter or Facebook. Any statements you make to the police or a friend can come back to hurt your defense.

If you have questions about your situation, feel free to contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

See our related DUI blog at http://duilawyerskokie.com.

(Besides Skokie, Matt Keenan also serves clients in the communities of Arlington Heights, Buffalo Grove, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Highland Park, Kenilworth, Morton Grove, Mount Prospect, Niles, Northbrook, Palatine, Park Ridge, Rolling Meadows, Schaumburg, Wilmette and Winnetka.)

The post “THEY SUSPENDED MY LICENSE!”: ALCOHOL AND THE UNDERAGE DRIVER appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Can you be charged with and/or convicted of DUI when you are below the legal blood alcohol limit? The answer is yes. In Illinois, the state’s blood alcohol limit of .08 only represents a presumption that you have been driving while intoxicated. While a breathalyzer reading below .08 can help disprove a presumption of drunk driving, it does not prevent the State from relying on other evidence such as slurred speech, inability to walk a line, glassy eyes and erratic driving.

Can you still fight the charges? Absolutely. The State has the burden to prove a DUI beyond a reasonable doubt. An experienced attorney can help probe the weaknesses in the state’s case and improve your chances of obtaining a not guilty verdict.

Even if your breathalyzer is at or just slightly over .08, you may still be able to fight a charge of drunk driving. Once again, the .08 limit is only a legal presumption. An experienced attorney may help you present other evidence to show that your driving was not impaired.

If you have questions about your situation, feel free to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com for advice.

See our related DUI blog at http://duilawyerskokie.com.

The post BUT I WAS BELOW THE BLOOD ALCOHOL LIMIT!: HOW YOU CAN STILL BE ARRESTED FOR DUI EVEN WITH A BREATHALYZER UNDER .08 appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.