GOING TO SUMMER CAMP MUSIC FESTIVAL IN CHILLICOTHE, ILLINOIS? READ THIS FIRST!

By Jeffrey R. Hall of Hall, Rustom & Fritz LLC

SUMMER CAMP MUSIC FESTIVAL IS SCHEDULED FOR MAY 27, 28, & 29 IN CHILLICOTHE, IL (JUST OUTSIDE PEORIA, IL).

2022 UPDATE:   IF YOU OR A LOVED ONE/FRIEND IS/ARE ARRESTED AT SUMMER CAMP AND IS/ARE TAKEN INTO CUSTODY, CALL ATTORNEY JEFF HALL IMMEDIATELY.  

Remember:  AS OF JANUARY 1, 2020, POSSESSION OF UP TO 30 GRAMS OF CANNABIS IS LEGAL IN ILLINOIS.  Possession of over 30 grams of cannabis is still a crime in Illinois.  Attendees at the festival should be mindful of a few important factors regarding AGGRESSIVE law enforcement at and around Three Sister's Park, where Summer Camp Music Festival is held. Crimes still aggressively enforced under the THE CANNABIS CONTROL ACT (550/4) ARE: 

CANNABIS RELATED OFFENSES:

• NEW POPULAR CRIME FOR POLICE TO ENFORCE:  UNLAWFUL POSSESSION OF CANNABIS IN A MOTOR VEHICLE, CLASS A MISDEMEANOR:  625 ILCS 5/11-502.15
  
  
  
• If police smell cannabis in your vehicle as you travel to or leave the festival, this will give them the legal right to SEARCH your entire vehicle, take all of your camping gear out, sort through it, and then arrest, detain, and jail you until a judge sets your bond.  This means you will likely miss the entire festival as well since you'll be locked up in the county jail where you are detained.
• PRO-TIP #1:  Store your cannabis in the original, child-locked, resealable container AND PLACE IN YOUR TRUNK OR IN THE NON-PASSENGER AREAS, NOT ACCESSIBLE BY THE DRIVER.  
• PRO TIP #2:  THERE IS NO SUCH THING AS AN ODORLESS CANNABIS CONTAINER UNLESS YOU DOUBLE-VACUUM SEAL THE CANNABIS.  
• CANNABIS POSSESSION:  720 ILCS 550/4
• Between 30 grams and 100 grams:  Class A misdemeanor, punishable up to 365 days in jail and a $2500 fine, plus up to 2 years on probation.
• Between 100 and but not more than 500 grams of any substance containing cannabis, punishable up to 1-3 years in the Illinois Department of Corrections (prison). If this is your second time being charged with this offense, it's penalty is enhanced to a Class 3 Felony (720 ILCS 550/4(d)).
• More than 500 grams but not more than 2000 grams of any substance containing cannabis is a Class 3 Felony (720 ILCS 550/4(e)).
• More than 2000 grams but not more than 5000 grams of any substance containing cannabis is a Class 2 Felony (720 ILCS 55/4(f)).

OTHER POPULAR MUSIC FESTIVAL FAVORITES:  720 ILCS 570/402

• Unlawful Possession of a Controlled Substance (cocaine, LSD, psilocybin, Ecstacy/Molly, Heroin, Adderall, methamphetamine, etc):  Possession of ANY amount if a Class 4 Felony, punishable up to 1-3 years in prison, up to $25,000 in fines and costs, and you risk drug asset forfeiture. 

• Unlawful Possession of Cannabis with Intent to Deliver:  720 ILCS 550/5:  2.5 grams or less: Class B misdemeanor.  2.5 to 10 grams: Class A misdemeanor.  10-30 grams: Class 4 felony. 30-500 grams: Class 3 felony (2-5 years in prison). 500 grams to 2000 grams: Class 2 felony: (3-7 years in prison). 2000-5000 grams: Class 1 felony. More than 500 grams: Class X felony.

• Unlawful Possession of a Controlled Substance with Intent to Deliver: Usually a higher class felony (Class 2, 1 or X) punishable from 3 years in prison to 30 years (and even as high as 60 years depending on the amount of controlled substance and if a firearm is found in possession of the alleged offender).

WARNING:  CANNABIS TRAFFICKING!  720 ILCS 550/5.1

• CANNABIS TRAFFICKING is considered a "Super-X" Felony, meaning, if you come into the State of IL with 2500 grams or more with the intent to sell or distribute, the minimum sentence is 12 years and the maximum sentence is 60 years in prison! It's non-probationable. That means if you are caught, your fate is up to the prosecutors and whether or not they seek to charge you with the enhanced super-x felony.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED:  CALL ATTORNEY JEFF HALL DIRECTLY AT (309) 699-4691!

COUNTIES TO LOOK OUT FOR WITH HEAVY POLICE PRESENCE

PEORIA

WOODFORD

TAZEWELL

HENRY

STARK

LASALLE

PUTNAM

MCLEAN

MARSHALL

ROADS TO BE CAREFUL TRAVELING ON:  Illinois Route 29, I-74, I-39, I-80, I-180, Route 89, Route 18, Route 71.

HALL, RUSTOM & FRITZ LLC WILL DISCOUNT LEGAL SERVICES BY 25% IF YOU WERE ARRESTED ON YOUR WAY, AT, OR LEAVING SUMMER CAMP MUSIC FESTIVAL.  EMAIL ATTORNEY JEFF HALL AT jhall@hallrustomfritz.com to inquire and/or set an appointment.**

During the weekend of last weekend of May, thousands of music lovers will transcend the beautiful lawns of Three Sisters Park in Chillicothe, Illinois and listen to their favorite bands.  

Having first been held in 2001 with around 1,000 in attendance, the festival has grown to over 15,000 attendees, hosting more than 100 bands on 6 stages over 4 days.  With any large crowds, you'll have many different types of people converge on the area.  While most are law abiding citizens, some choose to participate in illegal activities, such as drug usage, drug dealing, sexual abuse of minors, etc.  

In 2011, out of nearly 20,000 people, only 61 arrests were made - 31 resulted in felony charges.  To read more about 2011 arrests, click: Summer Camp Arrests 2011.  That is a significantly low number.  Nevertheless, it's still important to remember that Summer Camp has a police presence that you may not witness firsthand until it's too late.  

 In 2012 through 2019, there was an increased number of arrests.  2012 was an eventful year with arrests increasing exponentially.  To learn more about 2012 arrests, click:  2012 Summer Camp Arrest Numbers.  One of the 10 cases dismissed was a case that Hall, Rustom & Fritz LLC attorney Jeff Hall challenged and the judge dismissed four Class 3 Felony drug charges against a citizen visiting the Summer Camp Music Festival in 2011.  In 2017, there was a slight reduction in arrests since Cannabis was decriminalized on 7/31/16.

If you are planning on attending, whether you are from the area or a different State, there are certain things you must keep in mind if you choose to break the laws of Illinois.

First, I should state this article is not intended to teach you how to break the law and get away with it.  Its purpose is to inform you of the risk you are taking if you choose to attend the Summer Camp Music Festival and participate in illegal activities.

Police are increasing their presence each year at and around the festival.

If you are planning on driving to the festival, make sure your mode of transportation abides by all the laws in Illinois.  Route 29 is a state highway that is routinely patrolled by the Illinois State Police, Peoria County Sheriff's Department, Peoria Police Department, and Chillicothe Police Department. If you are driving a vehicle that draws attention, plan on being noticed by the police.  Moreover, be prepared to possibly stop through vehicle safety checkpoints.  Police strategically place checkpoints at locations that could lead to arrests.  If you are driving through one of these checkpoints, turning to avoid the checkpoint may draw attention to your vehicle.  It's best to remain law abiding and aware of your rights.


Remember the following: 

Update 8/16/2021:

IF YOU BRING MORE THAN 15 GRAMS OF COCAINE, MDMA, HEROIN, ETC. AND THERE IS EVIDENCE YOU INTEND TO DELIVER (POSSESS MORE THAN A PERSONAL AMOUNT, HAVE SCALES, SELL TO AN UNDERCOVER, ETC.) YOU WILL LIKELY GO TO PRISON EVEN IF YOU ARE A FIRST OFFENDER. Peoria County prosecutors do not take kindly to festival-goers bringing illicit drugs into Peoria County.  Even if you are a first offender, have never been arrested, or have no significant arrest/criminal history, if you are caught with over 15 grams of a controlled substance with the intent to deliver, it is a CLASS X FELONY and probation is NOT permitted by law. That means, the best offer prosecutors are usually willing to offer is BOOTCAMP (impact incarceration) but you will be convicted of a felony and your freedom will be taken away.

POLICE ARE ACTIVELY PATROLLING THE FESTIVAL AND HAVE MANY UNDER COVER OFFICERS ASKING FOR DRUGS. If you walk around the festival yelling "doses," you are an idiot and will likely get caught. They will also try to entice you to sell to them saying, "come on man, I just need one for the day."  Don't be an idiot. Don't see drugs and especially do not sell to an undercover officer.  Many undercover agents take the ruse very seriously, not showering for a week, growing an excessive amount of facial/body hair, and smelling like Death needs a shower. Be wary of who you talk to and try really hard not to sell drugs.

SECURITY OFFICERS AT THE ENTRANCE WILL THOROUGHLY SEARCH YOU AND REPORT YOU TO POLICE IF THEY FIND ANYTHING ILLEGAL.  If they find something illegal, assert your right to an attorney as soon as possible and do not try to run from police. That will add another charge of "resisting arrest" to your rap sheet and it's a Class A misdemeanor with either 100 mandatory public service hours or 48 hours in jail and a permanent conviction on your record (court supervision is NOT eligible for resisting a police officer).

POLICE WILL PULL YOU OVER FOR ANY AMOUNT OF SPEED OVER THE LIMIT. Be aware of your speed at all times. If police pace your vehicle (drive at your speed to clock you) or clock your speed with a radar or LIDAR, that is typically very strong "reasonable suspicion" to justify a traffic stop. From there, if a drug dog is nearby, they will have it walk around your vehicle and the dog will likely signal to officers, allowing them to search your vehicle, even if it takes hours.


IF YOU SEE SIGNS FOR POLICE ENFORCEMENT ZONES AHEAD, IF YOU PULL OFF AT THE EXIT BEFORE, THERE WILL LIKELY BE POLICE AT THAT EXIT READY TO STOP YOU OR APPROACH YOU.  Law enforcement become more creative with ways to trick you to fall into their trap.  For example, they will set up "Safety Check Enforcement Zones" to make sure you are wearing your seatbelt and your car is properly equipped.  They'll put the signs up just before the exits for a REST AREA.  Not wanting to go through the safety zone, vehicles pull off to the rest area.  Here, the officers will have drug sniffing dogs that will walk directly up to your parked vehicle, signal to the officer the dog has sniffed narcotics, and they will search your vehicle EVEN WITHOUT YOUR APPROVAL.  Be smart.  DON'T TRAVEL WITH NARCOTICS.  Chances are, you will be caught.

Police may set a "ruse" checkpoint on the highway or interstate.  If you see signs that there is a safety checkpoint ahead, you should simply follow the traffic laws, drive through the checkpoint, and if they ask to search your vehicle, politely refuse and then calculate how long it takes for a canine to walk and signal to your vehicle. The timing is important. You should also try to record the entire incident on a cell phone camera or regular camera so we can have an accurate depiction of what happened to you.

Also, think twice before you decide to avoid a roadblock after driving a close proximity to it.   Recent case law in IL held that police can pull you over if they reasonably believe you are avoiding the roadblock. Courts perform a "totality of the circumstances" analysis in determining if the police stop was lawful.  Most judges find this type of traffic stop is perfectly okay so keep that in mind if you are trying to turn around, perform a U-turn, reverse away from the roadblock, etc. Police may have the right to pull you over without you violating any traffic law.  See the IL Supreme Court Case, People v. Timmsen by clicking the link:  http://www.illinoiscourts.gov/opinions/SupremeCourt/2016/118181.pdf 

MAKE SURE YOUR VEHICLE IS PROPERLY REGISTERED, THE DRIVER HAS VALID DRIVING PRIVILEGES, AND THE VEHICLE IS COVERED WITH A VALID INSURANCE POLICY.  Police officers can randomly check your driver's status.  If you are from out of town, they could access your information in their vehicle computer systems.  Even if you are obeying all other traffic laws, they can run your name in the computer and if they determine your vehicle is not properly registered, they can pull you over to investigate.  Prior to driving into Illinois, make sure you have all your relevant documentation in an easily accessible location, such as your glove box.  Place your valid registration and proof of car insurance together so you do not have to search for the documentation.  

MAKE SURE YOUR VEHICLE HAS PROPERLY WORKING EQUIPMENT, SUCH AS ALL HEADLIGHTS AND TAILLIGHTS WORKING PROPERLY.  In Illinois, the license plate must be securely fastened in a horizontal position so as to prevent the plate from swinging. Further, the plate must be fastened to your vehicle at a height not less than 12 inches from the ground, measuring from the bottom of the plate, in a place and position to be clearly visible and shall be maintained in a condition to be clearly legible, free from any materials that would obstruct the visibility of the plate, including, but not limited to glass covers and tinted plastic covers.  See 625 ILCS 5/3-413 of the Illinois Vehicle Code.  If your State does not require a front license plate, it would still be advisable to place a front and rear license plate since Illinois law requires both to be displayed.  Moreover, if your State allows for glass or plastic covers, it's advisable to remove them prior to entering Illinois.  It's likely not enough evidence to prove you guilty beyond a reasonable doubt; however, it's enough to get you pulled over and you want to get to the festival, not sit inside a jail cell all weekend and then venture back to Peoria County for numerous court dates.

MAKE SURE ALL YOUR PASSENGERS, INCLUDING THE DRIVER, ARE WEARING THEIR SEAT BELTS PROPERLY.  It is perfectly lawful for a police officer to pull a vehicle over if the officer reasonably believes any of the passengers are not wearing their seat belt properly.  This means the belt must be properly affixed with the shoulder harness across the chest and the waist belt properly buckled. REMEMBER:  BUCKLE UP ALL PASSENGERS!

DO NOT HAVE ANYTHING DANGLING FROM YOUR REAR-VIEW MIRROR.  In Illinois, an officer has lawful authority to pull your vehicle over if he/she suspects that whatever you have dangling from your rear-view mirror is obstructing your view.  While it may not be enough evidence for the State to prove their case beyond a reasonable doubt that a pine-tree air freshener obstructed your view, it is enough to justify the stop.  After they stop you, if they suspect other crimes are afoot, they can and will investigate. 

DO NOT HAVE ANY TRAILER BALL HITCHES THAT COULD OBSTRUCT A POLICE OFFICER'S VIEW OF YOUR REAR LICENSE PLATE GIVES POLICE AUTHORITY TO PULL YOU OVER TO "INVESTIGATE" AND COULD LEAD TO A SEARCH OF YOUR VEHICLE. 

LICENSE PLATE COVERS ARE NOT LEGAL IN ILLINOIS. If you have a clear cover over your plate, police will pull you over for it.  Remove anything from covering your license plates.  

ILLINOIS LAW REQUIRES VEHICLES TO HAVE FRONT LICENSE PLATES AS WELL AS REAR LICENSE PLATES.  If you have an out-of-state vehicle and your home-state does not require front license plates, police in IL can still pull you over to investigate "why" you do not have a front license plate.  Don't give them a reason to pull you over. 

OBEY ALL TRAFFIC CONTROL DEVICES.  Remember the following laws when driving into Illinois.  If you forget these laws, you are simply giving the police reasons to pull you over.

• Do not enter an intersection or cross over the stop line if the light is red.  Police can pull you over if your vehicle is as much as 1 inch over the stop line while the light is red. 
• Do not speed in excess of the posted speed limits, even if it's 1-2 mph over the limit.  This is discussed above. Speeding is a strict liability offense, meaning, if the police observe your vehicle traveling even 1 mph over the limit, that is enough to pull you over to investigate.
• Signal at least 100 feet before turning at an intersection. This is an easily forgotten law.  It's better to signal early than too late.
• Make a complete stop for at least 2 seconds at the stop line before a stop sign.  No rolling stops!  
• Make sure to signal EVERY lane change.  
• Make sure you are not following another vehicle too closely.
• Remember Scott's Law:  If you see a police or emergency vehicle on either side of the roadway, you must, prior to passing, reduce your speed and, if able to be done safely, change lanes into the adjacent lane furthest away from the emergency vehicle.
• If you are making a right turn, IL law requires you to turn into the right lane, closest to the right-side curb. You cannot turn right into the left lane of travel. That is an offense that gives law enforcement the right to pull you over.

Police Canine Units will be patrolling and they will walk around your vehicle to alert police to illegal drugs or contraband.

• POLICE OFFICERS WILL ASK TO SEARCH YOUR VEHICLE.  If you are pulled over for a traffic offense, the police officer may have suspicions and will likely ask you if he/she can search your vehicle.  Please click HERE to learn more about your rights in Illinois if a police officer asks you if they can have permission to search your vehicle.  Police officers can search your vehicle under certain circumstances.  It is your job to know your rights and what response to give the police.  Under present Illinois law as of 2012, police officers can search your vehicle if they:

• Have a valid search warrant
• Notice something illegal in plain view in your vehicle -- this includes the police officer saying he/she smells raw or burnt cannabis from your vehicle.  Unlawful Possession of Cannabis in a Motor Vehicle is a Class A misdemeanor and they'll arrest you for this.
• Have valid consent from the driver or someone with the authority to grant consent
• Arrest and detain you for a crime.
• The drug sniffing canine positively alerts to your vehicle 

HERE IS A VIDEO DEMONSTRATING SOME TACTICS USED BY OFFICERS TO FORCE A SEARCH OF YOUR VEHICLE.  NOTE:  In May, 2012, the driver in this video filed a federal lawsuit against the police officer involved here.  Learn more by clicking:  http://www.stltoday.com/news/local/crime-and-courts/collinsville-traffic-stop-video-results-in-federal-lawsuit/article_126347ca-992e-11e1-a621-0019bb30f31a.html

 

The conversation to search the vehicle occurs around the 7:30 minute mark.  The entire video is educational to watch but it is rather long (nearly 18 minutes).

 

• IF YOU CONSENT TO THE SEARCH, IT IS INCREDIBLY DIFFICULT TO SUCCESSFULLY CHALLENGE THE SEARCH IN COURT.  For example, a typical interaction goes like this:  Officer:  "You don't have any bombs, weapons, or anything illegal in your vehicle, do you?"  You:  "No, nothing like that or illegal."  Officer:  "Then you wouldn't mind allowing me to search your vehicle?"  You: "No, I don't mind."  This is a consensual search and you will likely be unsuccessful in court if you challenge the search.

• MAKE SURE THE DRIVER AND PASSENGERS PAY ATTENTION TO THE DRUG SNIFFING DOG WHEN WALKING AROUND THE VEHICLE.  According to a recent study, drug sniffing dogs would only signal accurately 44% of the time. Read the article summarizing the study done by the Chicago Tribune. You will want as many eyes watching that dog as you can.  If you choose to challenge the dog's signal, you will want witnesses to testify at the hearing on your behalf.  The more SOBER witnesses, the better for your case.

• PAY ATTENTION TO HOW LONG IT TAKES FOR THE CANINE OFFICER AND THE DRUG SNIFFING DOG TO ARRIVE AT THE SCENE.  While a police officer is allowed to have a drug sniffing dog walk around your vehicle, they cannot do so if it "unreasonably prolongs the stop."  Courts have not set a fine-line time limit as to how long is "unreasonably prolonging."  Courts will look to see when the "business portion" of the stop concluded.  For example:  If you are pulled over and the officer gives you a warning ticket and says you are free to leave, then he asks if you will consent to a search, you then say "no" and they say they are calling the canine to the scene, a court would likely conclude the business portion of the stop ended when he gave you the warning.  Depending on when the business portion of the stop is concluded, the courts routinely give minutes on the clock.  If it goes beyond 10-20 minutes, you could likely be successful if you challenge on that basis.

• ALWAYS REMAIN CALM, BE POLITE, AND ASK IF YOU ARE UNDER ARREST.  Under Illinois law, you have the right to remain silent and not answer any questions if you are placed under arrest.  Therefore, it is best that you establish whether or not you are under arrest as early as possible.  If the officer is not allowing you to leave, ask the officer if you are under arrest.  If he/she says you are not under arrest, then ask "Am I free to leave?"  If the officer says "no," you are arguably under arrest and your constitutional rights attach. Politely tell the officer that if you are not free to leave, then you'd like to speak to your attorney.

HERE IS A VIDEO DEMONSTRATING A PROPER WAY TO DEAL WITH A TRAFFIC STOP.  Note, most police officers do not act like this police officer in the video; Pay attention to the driver of the vehicle and watch how he acts and responds.  Disclaimer:  Not every stop will be exactly like this video demonstrates. Also, this video is cheesy.

Note the driver made no admissions of guilt and asked early on whether or not he was under arrest and/or free to leave.  Most police officers will check the identification of the passengers and run them for warrant checks as well.  This could take time depending on how quickly it takes the officer to locate each person in his/her computer system.  During this time, remain silent and obey lawful orders.

IF POLICE OFFICERS SEARCH YOUR VEHICLE AND FIND ILLEGAL DRUGS, THEY CAN DETAIN YOUR VEHICLE AND THE COUNTY STATE'S ATTORNEY'S OFFICE COULD AND LIKELY WILL INITIATE VEHICLE FORFEITURE PROCEEDINGS.  

 

• Under Illinois' Drug Asset Forfeiture Statute, authorities can forfeit and take over ownership of your vehicle if you are found in violation of the Statute.  The statute can be read at:  Illinois Drug Asset Forfeiture Act.  It is fairly difficult to win your vehicle back in these hearings because there are only a certain number of defenses you can raise.  In Peoria County, they typically initiate vehicle forfeiture proceedings on nearly all vehicles seized under the law.

UNDERCOVER POLICE OFFICERS WILL BE PATROLLING INSIDE THE FESTIVAL.

• BE AWARE OF YOUR SURROUNDINGS AND DO NOT TRUST PEOPLE YOU DON'T KNOW.  Summer Camp is a safe place.  Violent crimes are few and far between.  Drug crimes are more prevalent and you should be aware that an undercover police officer could catch you doing something illegal without you knowing.  Be careful as to who you interact with and try to enjoy the music in the company of people you personally know.

• YOU HAVE THE RIGHT TO REMAIN SILENT.  ANYTHING YOU SAY WILL BE USED AGAINST YOU IN COURT.  Always remember your right to remain silent.  Nothing you say typically helps you.  Remain polite but do not forget your rights.  

• IF SOMEONE YOU KNOW IS ARRESTED AROUND THE FESTIVAL, THEY WILL LIKELY BE TAKEN TO THE PEORIA COUNTY JAIL.  If they are arrested on felony charges, they will likely spend the night in jail, depending on when bonding court is scheduled that day.  After the arrest takes place and the person is booked, the Peoria County Prosecutors review the police reports to determine if they are going to charge the case as a felony or a misdemeanor. If they charge it as a misdemeanor, they will likely be released at a pre-determined bond or on a Notice to Appear (NTA).  These bond amounts range between $100 and $500.  A Notice to Appear is basically a personal recognizance bond.  There is also a "Sheriff's Fee" around $22.50 that will be added to the total.  The jail is located at 301 North Maxwell Road, Peoria, IL 61604.  If you are going to bond out your friend or family member, you will need to go to the "bonding" part of the jail. There will be signs posted to direct you.

• PEORIA COUNTY JAIL INFORMATION
• ADDRESS:  301 NORTH MAXWELL ROAD, PEORIA, IL 61604
• PHONE:  (309) 697-8515 (Switchboard)
• WEBSITE:  www.peoriacounty.org/sheriff

• IF YOU ARE ARRESTED IN A NEIGHBORING COUNTY CLOSE TO PEORIA, HERE IS OTHER JAIL CONTACT INFORMATION FOR YOUR QUICK REVIEW:

• PUTNAM COUNTY JAIL INFORMATION
• ADDRESS: 120 NORTH 4TH STREET, HENNEPIN, IL 61327
• PHONE: (815) 925-7015
• WEBSITE:  http://www.co.putnam.il.us/county-offices/sheriff-s-office

• STARK COUNTY JAIL INFORMATION
• ADDRESS: P.O. BOX 610, 130 WEST JEFFERSON, TOULON, IL 61483
• PHONE: (309) 286-2551 (Non-Emergency)
• WEBSITE: http://www.starkco.illinois.gov/countyOffice.php?officeID=60

• WOODFORD COUNTY JAIL INFORMATION
• ADDRESS:  115 N. MAIN STREET, EUREKA, IL 61530
• PHONE: (309) 467-2375
• WEBSITE:  http://www.woodford-county.org/index.php?section=84

• TAZEWELL COUNTY JAIL INFORMATION
• ADDRESS:  101 S. CAPITOL STREET, PEKIN, IL 61554
• PHONE:  (309) 478-5600
• WEBSITE:  http://www.tazewell.com/Sheriff/Sheriff'sOffice.html

• LASALLE COUNTY JAIL INFORMATION
• ADDRESS:  707 E. ETNA ROAD, OTTAWA, IL 61350
• PHONE: (815) 433-2161 (Non-Emergency)
• WEBSITE:  http://www.lasallecounty.org/frm_set_index.htm

• HENRY COUNTY JAIL INFORMATION
• ADDRESS: 311 W. CENTER STREET, CAMBRIDGE, IL 61238
• PHONE:  (309) 937-3940
• WEBSITE:  http://www.henrycty.com/Departments/SheriffsOffice/Corrections/tabid/304/Default.aspx

• MARSHALL COUNTY JAIL INFORMATION
• ADDRESS: 620 6TH ST. LACON, IL 61540
• PHONE:  (309) 246-2115
• WEBSITE:  http://www.marshallcountyillinois.com/home/ElectedOfficials/Sheriff.aspx

• IF YOU ARE ARRESTED AND CHARGED WITH A FELONY, YOU WILL NOT BE RELEASED FROM JAIL UNTIL A JUDGE SETS YOUR BOND.  The authorities can hold you up to 48 hours without charging you.  Typically, a decision is made within 48 hours and you go before a judge - usually on video transmission from the jail to the courthouse.  Depending on the severity of the crime, you should plan on bonding out of jail between $500 and $10,000.  Make sure you have emergency contacts memorized in case your phone is not accessible.  You can obtain more bonding information about the Peoria County Sheriff's Department by visiting:  http://www.peoriacounty.org/sheriff.

IF YOU ARE ARRESTED, YOU SHOULD SPEAK TO AN ATTORNEY AS SOON AS POSSIBLE.  Action can be taken immediately on your behalf so it's imperative you act quickly.

HALL, RUSTOM & FRITZ LLC SUMMER CAMP CLIENT UPDATE:

CASE DISMISSED!  4 Counts of a Class 3 Felony DISMISSED.

FACTS:  A client stopped on his way to the Summer Camp Music Festival had his vehicle searched and drugs were found.  Client was charged with 4 counts of Class 3 felonies (Unlawful Possession of Controlled Substances).  Attorney Jeff Hall filed a motion to quash and suppress evidence and a hearing was held.  Attorney Hall argued the following:  The State Trooper that pulled over the driver unreasonably prolonged the stop and detention longer than the time reasonably necessary for the trooper to conduct the legitimate activities normally associated with a routine traffic stop (trooper waited 24 minutes for the drug sniffing dog to arrive at the scene).  The judge agreed and granted the motion.  Based on that ruling, the prosecutors had to dismiss the case.  The Summer Camper was looking at a maximum 5 year sentence in the Illinois Department of Corrections. 

If you have further questions, please visit our website at www.centralillinoislawyers.com and complete our online submission form. Or, you can call our office at 309-699-4691 or email us JEFF HALL at jhall@hallrustomfritz.com.

LEGAL DISCLAIMER: 

The use of the Internet or this form for communication with the firm or individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form nor should the reader rely on the information listed above as true in all circumstances. This information is provided generally and any similarity between the information listed above and an individual reader's case is purely coincidental.

The attorneys at Hall, Rustom & Fritz LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.

Article Author: Jeffrey R. Hall

Jeff Hall is managing partner at Hall, Rustom & Fritz LLC and concentrates his law practice in Criminal Law, DUI & Traffic law, driver's license reinstatement hearings and criminal record expungements.

If you have a legal question, email Jeff Hall.

Jeffrey R. Hall

The Uncontested Divorce: Do I still need a lawyer?

By Attorney Michael S. Fritz, Partner at Hall & Rustom, LLC

Believe it or not, not every couple seeking to sever the bonds of their marriage also seek to sever the head from their spouse’s neck.  Often times divorcing parties participate in what is called an “uncontested divorce” or agreed divorce.  These types of proceedings are the most cost effective and efficient ways for couples to obtain a divorce. 

An uncontested (or “agreed”) divorce is when parties amicably agree to the terms of their divorce but simply need the expertise of an attorney to navigate through the legal system and to file the proper documentation to ensure that the terms of their agreement(s) are be legally binding. 

A case involving child custody requires a document called a “Parenting Agreement”.  This document  governs the terms and conditions of subjects such as parenting time, holiday visitation schedule, child support, health care, schooling, religious up-bringing and other issues related to the children.  The document that governs the division of marital property is called a “Marital Settlement Agreement”.  The Marital Settlement Agreement divides the parties’ marital assets and debts and further addresses such issues as maintenance (alimony) and retirement accounts.  Finally, the Judgment for Dissolution, is the court order executed by the judge, which finalizes the divorce and incorporates the terms of the agreements between the parties and makes them legally enforceable court documents. 

The attorneys at Hall & Rustom, LLC can ensure that all of the above documents include the proper terms to completely memorialize the terms of the parties’ agreement and finalize the divorce.  To send a message to our attorney concentrating in divorce, please visit www.centralillinoislawyers.com or contact Michael Fritz via email with your question.

Despite the seemingly simplistic nature of an uncontested divorce, complications can arise if done incorrectly.  Below are just some of the issues that our firm has faced concerning uncontested divorces with clients who did not have an attorney to assist in the proceedings:
 
a) He/she told me I could have the “car/savings/tv/etc.,” but it’s not in the court agreement.  Can I make them give me what they promised?

I am often surprised by the number of people who come to me after the divorce papers have been executed in an attempt to enforce a promise or agreement they had with their former spouse which was not memorialized in the written Marital Settlement Agreement.  Property may be left out of the documents if the parties feel as though the property, whether it be antique furniture or television set, is miniscule to include in the written divorce paperwork.  In other instances an issue may arise between the parties during the physical division of the marital property but after the judge has signed off on the court order.  In most cases, if the stipulation is not included in the written divorce documentation then “it didn’t happen.”  The reason the attorneys and the courts spend time drafting these agreements and fighting over the language included in them is because of the lasting and binding effect they have on the parties.  Courts are often unwilling to determine the understanding of an oral (or parole) agreement beyond the scope of the written documentation.  Although the attorneys at Hall and Rustom have facilitated many uncontested divorces at the requests of our clients, we ensure that the opposing party (spouse) is fully aware that our firm does not represent his/her legal interests in the matter.  

b) We both hired the same attorney to represent us.  Should I just share the same attorney with him/her?

It is a violation of ethical rules for an attorney in Illinois to represent two parties who have direct, competing legal interests - also known as a conflict of interest.  Many clients mistakenly believe that the attorney hired by their soon-to-be ex-spouse to draft the marital dissolution documents is also “their attorney”.  Although this attorney may have been retained by your spouse to draft documents that you and your spouse have purportedly come up with together, this attorney is still obligated to look after his/her client’s best interest; therefore, the attorney is obligated to make sure that the client who hired him/her (your soon to be ex-spouse) is the party who is fully informed and protected.  They are also legally obligated NOT to give the opposing party (the other spouse) legal advice regarding the divorce.  This is why it is highly advisable to hire your own attorney to protect your interests in even an uncontested divorce.  At the very least, the attorney can review and advise you of the legal documentation already drafted in your divorce.  The cost effectiveness and efficiency of the uncontested divorce are still maintained, but you walk away with the assurance that your legal interests are protected. 

c) We just agreed that he/she won’t have to pay child support.  If I want child support later, I can always get them to pay later, right?

Illinois law provides that child support is a vested right of your children, not the parents.  Therefore, despite what the parents may believe, they cannot use child support as a bargaining chip to negotiate the terms of their divorce.  Illinois mandates certain amounts of child support percentages depending upon how many children are born to the marriage.  This amount may be altered if the JUDGE, not the parents, find a justifiable reason to DEVIATE from the standard guidelines.  If the parties choose to ignore this fact, and further choose to unjustifiably lessen a child support obligation of a given parent, the court may void the enforceability of the divorce documentation.  Further, there are time restraints as to how long a party to a child support battle will have to wait to modify a final judgment/agreement by the court.  In most jurisdictions, if you want to change a final order by a judge in Illinois, the parties must wait two (2) years before filing the petition to modify support/custody/etc. unless compelling evidence is present to convince a judge. The attorneys at Hall & Rustom work with our clients to ensure that any deviation decided upon by the parties will likely meet the scrutiny of the court prior to the execution of the divorce papers.

It commonly is assumed to simply "go it alone" on, what appears to be, simple family matters.  You should always consult an attorney to determine what appropriate measures can be taken to protect your best interests.  At Hall & Rustom, LLC, we strive to think five moves ahead to protect not only your present interests, but your future interests.  To schedule a free consultation, email attorney Michael Fritz or call (309) 699-4691 to set an appointment. 
 
If you have further questions, please visit our website at www.centralillinoislawyers.com and complete our online submission form. Or, you can call our office at 309-699-4691 or email us at how@howlawfirm.com.

Article Author: Michael Fritz 

Michael Fritz is a partner at Hall & Rustom, LLC and concentrates his law practice in Family law with great emphasis on Divorce, Child Custody, Child Support, and College Expenses.  He also concentrates in Estate Planning & Administration, and School Law.

If you have a legal question, email Michael Fritz.



  


LEGAL DISCLAIMER

The use of the Internet or this form for communication with the firm or individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form nor should the reader rely on the information listed above as true in all circumstances. This information is provided generally and any similarity between the information listed above and an individual reader's case is purely coincidental.

The attorneys at Hall & Rustom LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.

Family Law Issue: What should I do about paying college expenses for my children when my spouse and I are wanting to divorce?

By Michael S. Fritz, partner at Hall & Rustom, LLC

Many people are aware that a person’s child support obligation terminates when either the child turns 18 years-old or graduates from high school, whichever is later; however, Section 513 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) also allows for the payment/contribution for expenses related to a child’s college or higher education.  §513 considers a wide array of factors and circumstances in determining if, and what amount, a person must contribute to their child’s college or higher education expenses.  Below are some questions I regularly receive from clients regarding to college expenses:

a) Must my ex-spouse pay for my child’s educational expenses?

No. Although this is not the common result, a court is not obligated under §513 to order a parent to contribute to the college/educational expenses of the child.  The court considers many factors pursuant to §513 in making its determination as to who should pay and what amount.  If, after analyzing the relevant facts , the court finds that one parent is unable to contribute towards these expenses, the judge may find that the he/she does not need to contribute.  Each case is different, and although there is no “cookie cutter” answer as to who pays for what, a courts commonly will require all parties: mom, dad and the child to contribute at least something towards that child’s higher education.

b) Can the judger order contribution to my child’s trade school?

Yes.  §513 educational expenses extend to both college/university expenses, as well as professional training, (and in some cases high school G.E.D.).   The theory behind payment towards §513 educational expenses is that many parents have the ability to contribute to the success of their children’s future by contributing to their child’s education and training, regardless of what that profession may be.  Illinois law recognizes that not all children will attend the traditional college or university, therefore §513 allows for the payment of professional, vocational and even G.E.D. training/schooling.

c) Is the income of my ex-husband’s/ex-wife’s spouse considered in determining contribution to the payment of college/educational expenses?

Yes. Unlike the determination of child support, a spouse’s income can, and will be, considered by the court in determining one’s ability to contribute to the payment of educational expenses.  There are many factors the court considers in determining whether to award any money toward the payment of child’s college/educational expenses, one of the most significant factors the court may consider is “the financial resources of both parents”.  For that reason, a spouse’s income will directly impact the court’s determination as it directly affects the financial resources of a particular parent.  This factor is worded to accommodate those who have remarried and in the processes substantially increased his/her financial stability.

d) How will my child’s choice in college affect what I am ordered to pay? (i.e. -public university, private university, and community college tuition rates and costs)

This is one of the most commonly asked questions I receive from clients. The answer I tell them is always the same, “It depends.”

The unique thing about §513 education expense cases is that no case is ever the same, and the outcomes vary on the individual case facts.  As previously discussed, the courts have a wide discretion in awarding these educational expenses and will look at a wide array of factors in reaching its decision.  Perhaps the child is extremely gifted and is eligible for scholarships such that his/her tuition to Harvard is no more than in-state tuition.  Or perhaps the child is concentrating in a particular field such as religious studies and must attend a specific educational facility to accommodate his/her area of study.  These are but some of the various factors that will govern a court’s decision in awarding educational expenses.

Another factor in the award of college expenses also depends on the presiding judge.   Some judges may order that a certain percentage of the educational expenses are split between the child and the parents in accordance with that particular institution’s tuition rates.  Others may simply order the contributing parent to pay a set dollar amount toward the child’s education regardless of the learning institution the child selects and it’s respective costs.

e) Can a court order payment toward post-graduate schooling such as medical or law school?

Yes, although the court is ultimately given the discretion to decide what amount, if any, the parents or parent should pay toward the post-secondary education of the child.  §513 expenses are determined on a case-by-case basis; meaning there is no black and white rule the judge must follow in awarding these costs.  The Judge is given a wide range of discretion to determine what amount, if any at all, the court should award toward the payment of post-secondary educational expenses.  The court will look at variety of factors in reaching its determination, and depending on the circumstances, find that the child is responsible for all, some or no expenses for post graduate education– each case is unique to the set of facts.

Article Author: Michael Fritz 

Michael Fritz is a partner at Hall & Rustom, LLC and concentrates his law practice in Family law with great emphasis on Divorce, Child Custody, Child Support, and College Expenses.  He also concentrates in Estate Planning & Administration, and School Law.

If you have a legal question, email Michael Fritz.






  

LEGAL DISCLAIMER

The use of the Internet or this form for communication with the firm or individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form nor should the reader rely on the information listed above as true in all circumstances. This information is provided generally and any similarity between the information listed above and an individual reader's case is purely coincidental.

The attorneys at Hall & Rustom LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.

Reinstating your driving privileges in Illinois: What You Need To Know

By Jeffrey R. Hall of Hall, Rustom & Fritz LLC
 
                In Illinois, whenever you receive a conviction for Driving Under the Influence of Alcohol, your Illinois driving privileges will be revoked.  It is revoked indefinitely unless you formally request reinstatement from the Formal Administrative Hearing office at the Secretary of State.  Unfortunately, qualifying to apply for reinstatement depends on how many DUI convictions are on your driving record (or reported to the Illinois Secretary of State).

               The first DUI conviction reported on your record will result in the loss of your driving privileges for a minimum of 1 (one) year.  If you are convicted of a second DUI offense within 20 years, you will lose your driving privileges for a minimum of 5 (five) years.  A third DUI conviction will result in the loss of your driving privileges for a minimum of 10 (ten) years.  A fourth or subsequent conviction will result in the loss of your driving privileges for life.

               Most people that apply for reinstatement and proceed to formal hearing without the benefit of any attorney to assist them are rejected.  More importantly, most people will misrepresent certain facts that end up hurting them more than helping.  It is imperative that you find an attorney with the experience, success, and motivation to advise you through this process to maximize your chances for driving relief.  At Hall & Rustom, L.L.C., our attorneys concentrate in this area of law and will be able to assist you through the painstaking process while minimizing your exposure for denial.

What is the process to reinstate my driver’s license after I was revoked for DUI?

               The typical process to reinstate commences by reviewing your driving record to determine whether or not you are eligible for reinstatement.  You can determine this by having an informal hearing at the DMV before the local informal hearing officer (an informal hearing is NOT required to obtain reinstatement—only recommended).  The informal hearing officer will review your driving record and provide you with a checklist of documentation you will need to obtain.

               After your informal hearing, it is recommended that you consult an attorney to review your record and determine the proper way to proceed.  At Hall & Rustom, L.L.C., we will prepare you from that point and determine: 1) what paperwork you will be required to present at the hearing; 2) whether the paperwork meets the requirements of the hearing officer; 3) what testimony is to be presented at the hearing; 4) how that testimony will be presented; and 5) what to expect from the hearing officer and assistant attorney general when questioning you during the hearing.

   As a rule in Illinois, you must be able to present evidence of 1 (one) year of sobriety prior to your hearing.  If you are not prepared to present this evidence to the hearing officer, we can request the hearing officer deviate from that rule from 1 year to 6 months instead.  However, the hearing officers RARELY deviate from that requirement.  Therefore, it is advised that the petitioner refrain from drinking alcohol/using drugs for at least 1 year prior to the hearing.

What paperwork will I need to present at the formal hearing?

               The general documentation requirements by the Secretary of State vary depending on the DUI risk classification.  After you are arrested and prior to sentencing, you will be required to obtain an alcohol evaluation.  This evaluation is given to you by a certified alcohol evaluator licensed by the Division of Alcoholism and Substance Abuse.  This evaluator will determine what risk you are.  The risks are:  Minimal, Moderate, Significant, and High Risk (dependant or non-dependent).  Each risk provides certain criteria you must meet when fulfilling the requirements of your court supervision, conditional discharge, and/or probation.  Prior to your hearing, you must obtain an updated alcohol evaluation documenting all DUI offenses and alcohol history.  Below are the different requirements set forth by the Secretary of State for each risk:

Minimal Risk

·        If your Uniform Report evaluation or the last updated evaluation is more than six months old at the time of your hearing, you also must submit a current updated evaluation. An updated evaluation must be completed by the agency that completed your Uniform Report evaluation.

·        Must document successful completion of a DUI Risk Education Course.

Moderate Risk

·        If your Uniform Report evaluation or the last updated evaluation is more than six months old at the time of your hearing, you also must submit a current updated evaluation.

·        An updated evaluation must be completed by the agency that completed your Uniform Report evaluation or by the agency that completed your early intervention program.

·        Must document successful completion of a DUI Risk Education Course.

·        Must document successful completion of an Early Intervention Program on the providing agency’s letterhead indicating the number of hours completed, dates of involvement, a summary of what was explored/addressed and the outcome of your involvement.

·        Must document successful completion of any substance abuse treatment recommended by a licensed evaluator or treatment provider.

Significant Risk

·        If your Uniform Report evaluation or the last updated evaluation is more than six months old at the time of your hearing, you must submit a current updated evaluation.

·        An updated evaluation must be completed by the agency that completed Your Uniform Report evaluation or by the agency that completed your treatment.

·        Must document successful completion of a DUI Risk Education Course.

·        Must document successful completion of any substance abuse treatment recommended by a licensed evaluator or treatment provider, including:

•       Copy of the Individualized Treatment Plan.

•       Copy of Discharge Summary.

•       Copy of Continuing Care Plan.

•       Original Continuing Care Status Report.

·        If no treatment provided, must submit a treatment waiver.

High Risk — Dependent

·        If your Uniform Report evaluation or the last updated evaluation is more than six months old at the time of your hearing, you also must submit a current updated evaluation.

·        An updated evaluation must be completed by the agency that completed your Uniform Report evaluation or by the agency that completed your treatment.

·        Must document on an original Secretary of State treatment verification form, successful completion of any substance abuse treatment recommended by a licensed evaluator or treatment provider, including:

o   Copy of Individualized Treatment Plan.

o   Copy of Discharge Summary.

o   Copy of Continuing Care Plan.

o   Original Continuing Care Status Report.

·        If no treatment provided, must submit a treatment waiver.

·        Must document the establishment of a support/recovery program (Alcoholics Anonymous, church, etc.) and abstinence, by submitting: (In all of the following situations witness testimony is acceptable instead of letters.)

·        At least three original letters, signed and dated within 45 days prior to your hearing, from fellow members/participants, verifying your active involvement in your support program.

·        If you have a support/recovery program sponsor, an original letter from your sponsor documenting your active involvement in your support program, signed and dated within 45 days prior to your hearing.

·        At least three original letters, signed and dated within 45 days prior to your hearing, from individuals (friends, family, etc.) who can verify your abstinence from alcohol/drugs for at least 12 months if seeking reinstatement, but no less than six months for a Restricted Driving Permit.

High Risk — Non-Dependent

·        If your Uniform Report evaluation or the last updated evaluation is more than six months old at the time of your hearing, you also must submit a current updated evaluation. An updated evaluation must be completed by the agency that completed your Uniform Report evaluation or by the agency that completed your treatment.

·        Must document on an original Secretary of State treatment verification form, successful completion of any substance abuse treatment recommended by a licensed evaluator or treatment provider, including:

o   Copy of Individualized Treatment Plan.

o   Copy of Discharge Summary.

o   Copy of Continuing Care Plan.

o   Original Continuing Care Status Report.

·        If no treatment provided, must submit a treatment waiver.

·        Must submit at least three original letters, signed and dated within 45 days prior to the hearing, from individuals (friends, family,etc.) who can verify either your alcohol/drug use pattern or abstinence for at least the last 12 months if seeking reinstatement, but no less than six months for a Restricted Driving Permit. (Witness testimony is acceptable instead of letters.)

·        Must submit an additional report from the treatment provider explaining why dependency was ruled out and the cause of your behavior that resulted in three or more DUI dispositions. This requirement cannot be waived.

What is DUI risk classification and why is it important?

Prior to your sentencing for DUI, the court will require you to obtain the alcohol evaluation (as discussed above.  In that evaluation, the evaluator will assess your classification under the following categories:

•       Minimal Risk

•       Moderate Risk

•       Significant Risk

•       High Risk (Dependant or Non-Dependant)

Since you are applying for reinstatement, you are likely convicted of DUI.  Therefore, your risk will typically be considered in the Significant or High Risk.  Prior to applying for reinstatement, you must have all your alcohol/drug treatment completed and sufficiently documented as successfully completed.  Your classification is important because it lays the groundwork for how much alcohol/drug treatment you will have to complete.  If you are high risk dependant, this usually requires substantial treatment and extensive documentation that you will be required to present to the hearing officer.  Your attorney will review this documentation and may recommend additional treatment or for you to at least go back to your evaluator for an updated evaluation.

How long will it take to be reinstated?

               Depends.  There are many factors that determine how quickly you will be reinstated.  As common sense dictates, if you take your treatment seriously, completing everything required, if you have an adequate understanding of your drinking problem, if you can successfully prove to the hearing officer that you are able to control that problem , AND you can demonstrate you are no longer a danger to Illinois drivers, then the process to obtain some driving relief is 3-6 months from the date you applied for reinstatement.  To achieve full reinstatement of your privileges, the process will likely take up to 2 (two) years from the date you apply for reinstatement.  Note:  If you have more than one hearing, it will obviously take longer to obtain reinstatement.

What will happen at the formal hearing?

               The formal hearings take place at one of four different locations throughout the State of Illinois.  These locations are:

•       Chicago

•       Joliet

•       Springfield

•       Mount Vernon

You will meet at the location at your scheduled time and your attorney will provide the assistant Attorney General with the required paperwork.  You will then wait to be called for the hearing.  Once called, you and your attorney will be taken into a room where the hearing officer and assistant Attorney General are waiting.  While the order of testimony may differ, the common order is:

·        The hearing officer will commence the hearing and record.

·        The assistant Attorney General will submit your driving record into evidence along with the documentation you presented.

·        After submission, your attorney will question you.

·        The assistant Attorney General will then question you.

·        The hearing officer will typically allow for any other comments prior to closing the record.

·        The hearing will end and the hearing officer will typically notify you of their decision within 90 days.

While this process may differ depending on the location, the structure is generally the same.               

A typical hearing will last between 60 and 90 minutes, depending on the amount of question.

Will I need to obtain Financial Responsibility (SR-22) Insurance?

               
               Presently, a DUI conviction subjects you to filing Financial Responsibility Insurance (SR22) for three years.  Financial Responsibility Insurance (SR-22), is commonly referred to as “high-risk” insurance.  This requires your insurance company to file appropriate documentation with the Secretary of State.  Your insurance company is usually the only means allowed to submit this documentation.  They submit it in one of two ways:  1) Electronically; and 2) By mailing.  This method depends on the insurance company.  Consult an attorney or your insurance agent to determine how this documenation can be submitted.

If the hearing officer grants me driving relief, will I have full driving privileges restored automatically?

               The common answer is no.  If the hearing officer grants your petition for reinstatement, they require a minimum of 9 (nine) months driving on a probationary permit.  This permit will require you to install a Breath Alcohol Ignition Interlock Device (BAIID) and only allow you to drive for work, alcohol/drug treatment, or for educational (school) purposes.  Note:  This permit will not allow for you to drive for family purposes, such as picking your child up from school or dropping them off. 

                The Secretary of State’s office monitors and reads the BAIID throughout the duration of the permit.The BAIID will alert the Secretary of State’s office if the driver attempts any incidents of driving under the influence or tampers with the device.

I pled guilty to my second DUI.  Do I lose my license for 5 years?

               It depends on whether the DUI was your first or second conviction.  Typically, you receive court supervision on your first DUI.  Since court supervision does not assign points against your driver’s license and it’s not considered a conviction, if you are arrested for DUI a second time and receive a conviction, it will be considered your first conviction and you will lose your driving privileges for a minimum of one year.

               However, if you did not receive court supervision on your first DUI and you are subsequently charged and convicted of your second DUI (it’s it is your second within the last 20 years), then the subsequent DUI is considered your second conviction and you will be revoked for a minimum of five years.

Revocation for Non-DUI Related Convictions

While DUI is the most common revocation causing offense, your driving privileges could still be revoked if you receive a conviction for certain crimes.  To regain your driving privileges, you will have to apply for reinstatement and have a formal hearing.  However, the law allows for reinstatement after an informal hearing under certain circumstances.  It is important you consult an attorney to see if you need a formal or informal hearing to reinstate your driving privileges. 

Offenses for which your driver’s license may be revoked for a minimum of 1 (one) year (unless otherwise noted) include, but are not limited to:

•       Aggravated DUI — Causing personal injury or death as a result of a DUI; having a prior conviction of reckless homicide or aggravated DUI involving a death and committing a DUI; receiving a third or subsequent DUI conviction; committing a DUI without a valid license, permit or vehicle insurance; or committing a DUI violation while transporting children in a school bus.

•       Aggravated Fleeing the Police — Driving away from the police when directed to stop.

•       Aggravated Reckless Driving — Driving resulting in great bodily harm, permanent disability or disfigurement to another person.

•       Auto Theft — Stealing a motor vehicle or motor vehicle parts.

•       Drag Racing or Street Racing — Illegally racing with another vehicle.

•       Fatality Crash — A crash that results in the death of another person.

•       Felony Offense — A vehicle was used while committing a serious crime.

•       Fraudulent ID — Making or possessing the equipment to make, sell, use, attempt to use or assist another in using an unauthorized, non-governmental issued ID or driver’s license.

•       Gang-related Activity — A gang-related offense involving the use of a vehicle or an Illinois driver’s license.

•       Leaving the Scene— Leaving the scene of a crash that killed or injured someone.

•       Perjury — Giving false information to the Secretary of State.

•       Reckless Conduct — Reckless behavior involving a vehicle and resulting in injury or danger to another person.

•       Reckless Driving — Conviction of three reckless driving offenses in 12 months or driving that results in great bodily harm, permanent disability or disfigurement to another person.

•       Reckless Homicide— Driving recklessly, resulting in the death of another person.

The Secretary of State’s office has the authority to revoke the driver’s license of a repeat traffic offender. During the course of any revocation, your vehicle registration may be suspended. Notice is given accordingly.

If you have further questions, please visit our website at www.centralillinoislawyers.com and complete our online submission form. Or, you can call our office at 309-699-4691 or email us at how@howlawfirm.com.

LEGAL DISCLAIMER: 

The information above is not to be used as legal advice and it does not create an attorney/client relationship between you (the reader) and Hall, Rustom & Fritz LLC.  If you already are a client of Hall, Rustom & Fritz LLC, please do NOT submit any confidential information through this forum.

The attorneys at Hall & Rustom LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.

Article Author: Jeffrey R. Hall

Jeff Hall is managing partner at Hall, Rustom & Fritz LLC and concentrates his law practice in Criminal Law, DUI & Traffic law, driver's license reinstatement hearings and criminal record expungements.

If you have a legal question, email Jeff Hall.

Jeffrey R. Hall

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