The state of Illinois is relatively strict when it comes to DUI offenders and there are many consequences that come with a DUI conviction. Even for a first-time DUI conviction, you face jail time, monetary fines, and a loss of your driving privileges for at least a year. Most DUI offenses are charged as a misdemeanor crime, but it does not take much to elevate the charge to a felony crime. Being convicted of a felony crime carries more consequences than a simple misdemeanor, which is why it is important to speak with a knowledgeable DUI defense attorney if you face charges.

First and Second DUI Convictions

When it comes to basic DUI’s, both first and second convictions are considered to be misdemeanor charges. Both are charged as Class A misdemeanors, which carry possible jail time of up to one year, up to $2,500 in fines or a combination of both. A first or second DUI will not be charged as a felony crime unless another factor was present. For example, if you were caught with a child in the vehicle while you were driving under the influence and the child suffered injuries from a crash, you will be charged with a Class 4 felony.

Aggravated DUI Convictions

Third and subsequent DUI offenses are automatically classified as a felony or aggravated DUI. Third offense and fourth offense DUI’s are charged as Class 2 felonies, which carry a possible sentence of three to seven years in prison and up to $25,000 in fines. Consequences can increase all the way to a Class X felony for a sixth or subsequent conviction, which means you face six to 60 years in prison.

Other situations can cause a DUI offense to be classified as a felony, such as a DUI resulting in bodily harm or death, a DUI by someone who does not have a valid driver’s license or a second offense of a DUI transporting a child under the age of 16.

A Cook County DUI Defense Attorney Can Answer Any Questions You May Have

A DUI conviction is one mistake that can follow you for the rest of your life. If you have been charged with any type of DUI, whether it is a misdemeanor or felony charge, you need to speak with a skilled Tinley Park, IL, DUI defense lawyer right away. At the Fotopoulos Law Office, we have more than 15 years of experience representing clients in their DUI cases. To schedule a free consultation, call our office today at 708-942-8400.

If you have bought a new car – or even a used car – in the last few years, you have probably noticed that new safety features are being added to vehicles all the time. Newer cars often come equipped with braking-assist systems, blind spot detection, and a wide range of other systems designed to keep drivers and passengers safe and limit injuries in the event of a car accident.

For those who learned to drive many years ago and still use the techniques they were originally taught, some of these safety features can actually present unexpected dangers. For example, the National Highway Traffic Safety Administration (NHTSA) and other safety organizations now say that the old “10-and-2” method of steering can put drivers at risk for burns, broken bones, and other injuries if the steering-wheel airbag deploys.

Airbags Make a Difference

Driving instructors have long taught new drivers to envision the steering wheel as the face of a clock. Drivers were instructed to grip the wheel with the left hand at the 10 o’clock position and the right hand at the 2 o’clock position. The idea was to give the driver the most control over the steering wheel and the vehicle while steering.

In the 1970s and 80s, automakers began installing airbags in the center of steering wheels to prevent drivers from colliding with the wheel in the event of a crash. By 1998, airbags had become mandatory on all new vehicles. Due to the inclusion of these safety features, what was once a safe way to hold the steering wheel may actually cause additional risks of injury to a driver.

New Guidelines for a New Era

If you were to compare a steering wheel from a modern car with one that is not equipped with an airbag, you would see a striking difference. The airbag covers a large portion of the center of the wheel and is connected to the circumference of the wheel at several different points. The location of these points varies by a vehicle’s make and model, but there are often distinct openings where the driver can place his or her hands. You might notice that these openings are often not at 10 and 2.

This is due to the fact that during a crash, the airbag in the center of the wheel inflates at speeds of up to 250 miles per hour. The inflation is, in fact, a controlled explosion of superheated nitrogen. If your hands are in the way of the airbag cover when the airbag inflates, you could suffer injuries to your hands and arms. In addition, your hands could be propelled toward your face, causing other injuries as well.

The NHTSA officially recommends that drivers use a 9-and-3 position to limit such injuries. Other organizations go further, saying that 8-and-4 is even safer due to the slightly-upward orientation of most steering wheels. Experts say that the 9-and-3 option – also called “parallel position” – improves a driver’s stability and reduces unintentional excessive steering, both of which can help prevent accidents.

Call an Orland Park Car Accident Attorney

If you have been injured by your vehicle’s airbag in an accident caused by someone else’s negligence, you may be entitled to collect compensation for your injuries. Call 708-942-8400 for a free consultation with an experienced Tinley Park personal injury lawyer today.

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Things Have Changed Since You Learned to Drive

Get with the Times: You’re Driving all Wrong

Medical malpractice can envelop a variety of different physician behaviors and actions. One type of medical malpractice that can get overlooked is the misdiagnosis of a patient. According to a study published in the medical journal “BMJ Quality & Safety,” around 12 million adults are misdiagnosed each year, which is roughly equal to one out of 20 patients. Misdiagnosis is dangerous not only because it leaves people not getting the correct treatment, but in some cases, the treatment itself can cause harm. Sometimes, a misdiagnosis can be an innocent error on the doctor’s part, but sometimes it can be the result of a careless and negligent physician.

What is Misdiagnosis?

There is more than one way you can be misdiagnosed when you present your doctor with your symptoms. In any case, a misdiagnosis can be dangerous and sometimes even life-threatening. Here are the three forms of misdiagnosis that you can experience:

• Missed Diagnosis: A missed diagnosis occurs when your physician tells you that you are healthy when you really do have a condition that he or she should have been able to diagnose you with. A missed diagnosis can be detrimental to your health because the proper course of treatment is not being given.
  
• False Diagnosis: A false diagnosis occurs when your doctor incorrectly diagnoses you with a disease that you do not have. One of the main things that we expect physicians to be able to do is correctly diagnose a patient based on presented symptoms. A false diagnosis is harmful because some treatments can be harmful to your health and you are not receiving treatment for the condition you actually have.
  
• Delayed Diagnosis: A delayed diagnosis is often the result of one or many missed and/or false diagnoses. Typically, a delayed diagnosis occurs when a significant amount of time has passed between your initial visit with your physician and when you were correctly diagnosed. Some conditions get worse over time, especially if they are left untreated; a delayed diagnosis can exacerbate that.

A Will County Medical Malpractice Attorney Can Help You Form Your Case

We hold doctors to a high standard and for good reason – they are partially responsible for the health and wellbeing of the public. It is not unreasonable to expect your doctor to correctly diagnose you if you are having unusual symptoms. If you think that you have been misdiagnosed, you should get in touch with a skilled Joliet, IL, medical malpractice lawyer. At the Fotopoulos Law Office, we know how damaging a missed diagnosis, false diagnosis or delayed diagnosis can be. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

12 Million Americans Misdiagnosed Each Year

What is Medical Malpractice?

If you are arrested on drug charges, such as possession of a controlled substance with the intent to deliver, the burden is on police and prosecutors to prove you did something wrong. This includes establishing your identity and presence at the crime scene – i.e. where the alleged drug transaction took place. Many criminal convictions rely solely on police officer testimony to establish a defendant’s guilt.

You Have the Right to Present a Defense

It is therefore critical that the court allow the defendant to present evidence that contradicts police testimony. This can include something as seemingly trivial as a tattoo. In fact, an Illinois appeals court recently overturned a drug crimes conviction precisely because the trial judge refused to look at the defendant’s tattoos.

The defendant was charged with delivery of heroin. The case was tried before a judge without a jury. At trial, the arresting officer testified that he was working undercover on the night in question. He said he purchased heroin from a man that he later identified, from a photo array, as the defendant.

The defendant claimed he had been misidentified. The defendant’s attorney noted the officer did not witness any tattoos or distinctive markings on the man he purchased drugs from – whom, the officer testified, was wearing a sleeveless shirt at the time. But the defendant, in contrast, had tattoos on his arms.

The judge made a cursory glance of the defendant’s right arm while remaining on the bench – a position about two feet above the defendant. From there the judge said he could not see a tattoo. The judge refused to consider how the defendant’s tattoos would have looked to a person standing right next to him accepting heroin.

The judge ultimately found the defendant guilty and sentenced him to 10 years in jail. On appeal, the Illinois First District Appellate Court said the trial judge violated the defendant’s constitutional rights and he was therefore entitled to a new trial. While the appeals court did not second-guess the police officer’s identification of the defendant, it did find the judge “prevented defendant from presenting his defense” by taking a proper look at his tattoos.

Not only should the judge have examined the defendant’s right arm at eye level, the court said, he also should have looked at the left arm. The judge deemed the tattoos on the left arm irrelevant since the man who handed the drugs to the officer did so with his right hand. But the officer testified he had a clear view of the man’s entire body, hence he should have been able to identify the left-arm tattoos.

Get Help Fighting an Illinois Drug Charge

Police officers make mistakes like everyone else. Unfortunately, a mistaken identification can mean years in jail for an innocent defendant. That is why it is essential for judges to allow a defendant to present any evidence that may clear his or her name.

An experienced Orland Park drug crimes defense lawyer can make sure no judge tries to run roughshod over your constitutional rights. Contact the Fotopoulos Law Office, today if you have been charged with a drug crime and need immediate assistance.

Although DUI is usually associated with drunk driving, Illinois law actually prohibits operating a motor vehicle while under the influence of any drug or controlled substance. This can even include a legal prescription drug. To avoid a DUI conviction, a defendant must prove not only that he or she had a valid prescription, but he or she also used the drug in a manner that did not prevent him or her from driving safely.

Driver Must Prove Xanax did not Impair His Driving

In a recent Illinois case, police arrested a man for DUI after blood and urine tests revealed the presence of alprazolam in his system. Alprazolam, better known as Xanax, is a prescription drug used to treat anxiety disorders. The defendant held a lawful prescription for Xanax, with instructions to take two pills per day.

Under Illinois law, a driver’s license is automatically suspended when a blood test reveals the presence of a controlled substance. Here, the defendant challenged his suspension, citing his legal prescription for the Xanax. The trial court actually sided with the defendant and rescinded the license suspension.

The state appealed, however, and the Illinois Fifth District Appellate Court ordered the trial judge to hold a new hearing. The court noted that the burden was on the defendant to prove he used the drug lawfully. Merely showing a valid prescription was not enough. The defendant did not, for example, present any evidence “about the dosage of Xanax he took, when he took it, or how often he took it,” the Fifth District observed.

Given that one of the side effects of Xanax is drowsiness that can impair a person’s ability to operate heavy machinery – i.e., drive a car – the trial judge should have asked the defendant to submit additional evidence proving he “complied with the prescription and could drive safely.”

Get Help From an Illinois DUI Lawyer

It is important to distinguish between a driver’s license suspension and a criminal DUI case. In a criminal case, the prosecutor must prove the defendant’s guilt beyond a reasonable doubt. In a license suspension, like the case above, the driver must initially present evidence demonstrating why his or her license should not be suspended. Only after the driver presents such evidence does the burden shift to the state to justify the suspension.

It is therefore possible for someone to be found not guilty of criminal DUI yet still lose their driving privileges. In Illinois a statutory summary suspension can last 6 or 12 months depending on the case. You will also need to pay a reinstatement fee once the suspension period ends.

As you can see, the potential civil and criminal penalties of DUI are quite serious. If you have been arrested or charged on suspicion of DUI, you should work with an experienced Orland Park criminal defense attorney who knows how to handle these types of cases. Contact the Fotopoulos Law Office, to speak with a lawyer right away.

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Illinois Official Reports