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Chicago Criminal Defense Lawyers

Aggravated Reckless Driving in DUI Defense

I have represented hundreds if not thousands of clients who have been charged with a DUI in the Chicago area for over seventeen years as part of my DUI defense program. In some cases, the state may offer a plea deal to dismiss the DUI charge if you plead guilty to an aggravated reckless driving charge.  If you are offered a plea, it is important to understand the consequences of an aggravated reckless driving charge.

A person commits reckless driving if he or she drives any vehicle with a willful or wanton disregard for the safety of persons or property; or knowingly drives a vehicle and uses an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne. Every person convicted of committing reckless driving shall be guilty of aggravated reckless driving if the violation results in great bodily harm or permanent disability or disfigurement to another. Aggravated reckless driving is a Class 4 felony, punishable by 1 to 3 years imprisonment and up to $25,000 in fines, except if the violation causes great bodily harm or permanent disability or disfigurement to a child or a school crossing guard while the school crossing guard is performing his or her official duties, is a Class 3 felony.

For more information on plea deals, DUI charges, or an aggravated reckless driving charge, contact our office to speak with an attorney experienced in DUI charges.

Posted By DUI Lawyer John W Callahan

DUI Defense and Consequences of Reckless Driving

As a DUI Defense attorney who has been representing clients around the Schaumburg and Chicago area for over 17 years, it is important to understand that a DUI charge can have serious consequences such as losing your license, jail time, and fines. In some cases, the state may offer a plea deal to dismiss or reduce the DUI charge if you plead guilty to a reckless driving charge.  If you are offered a plea deal such as this, it is important to understand what the reckless driving charge entails.

A person commits reckless driving if he or she drives any vehicle with a willful or wanton disregard for the safety of persons or property; or knowingly drives a vehicle and uses an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne. Every person convicted of reckless driving shall be guilty of a Class A misdemeanor, except if the person causes bodily harm to a child or a school crossing guard while the school crossing guard is performing his or her official duties, which is a Class 4 felony. Reckless Driving is punishable by up to 365 days in jail and fine of $2,500. The vast majority of times a reckless driving will not result in the revocation of driving privileges and to many observers, appears less serious than a DUI charge.  To be clear though, a reckless driving charge is the same class crime as a DUI charge.

For more information on fighting your DUI, plea deals, DUI charges, or a reckless driving charge, contact John W. Callahan for a free consultation.

I need a DUI Defense because I got arrested for DUI in Addison

As a DUI lawyer who handles many clients who have been arrested for DUI in Addison, Illinois, I have been reviewing Addison statistics and learned that in 2013, 94 people were arrested for a DUI in Addison. In Addison, males are arrested for a DUI more frequently than females and the predominant offenders remain in the 21 to 30 age group.  The bars most frequently reported by offenders as the place they were drinking prior to a DUI arrest was Amada's and JD Muggs.  The most common primary street for a DUI arrest was Lake Street, followed by Addison Road. 

If you have been arrested for a DUI charge in Addison or Schaumburg you need to prtoect your driving privileges as fast as you can by filing a Petition to Rescind the Statutory Summary Suspension.  Your license will be suspended 46 days after your DUI arrest if you don't take steps to prevent it from happening.

When arrested for a DUI in Addison, you will be taken to the DuPage County Courthouse in Wheaton, Illinois. If you need help defending against a DUI charge in Addison, contact John W. Callahan. Don't face the possibility of jail time, fines, and the loss of your license alone. 

DUI - Challenge the breathalyzer test?

As a succesful DUI lawyer from the Schaumburg area and after representing hundreds of clients for DUI charges around the Schaumburg and Chicago area for over seventeen years, I have had many clients ask me how their breathalyzer tests' admissibility can be challenged in court?

The State must then produce evidence to lay a foundation for the admission of the breath tests. The State must present testimony for the foundation of an evidentiary breath test including: that the test was performed according to standards adopted by the ISP,  that the operator who conducted the test was certified to so by the ISP,  that the machine used was a model approved by the ISP, was regularly, within 62 days prior to and after the arrest, tested for accuracy, was working properly, that the motorist was observed for 20 minutes before the test and did not smoke, regurgitate, drink, or ingest any foreign substance, that the motorist was warned about the consequences of taking or refusing to take the test, and that the results appearing on the machine's print-out can be identified as the test given to the motorist. Any of these foundational issues can be challenged and if the foundation is found deficient, the results could be held inadmissible, and you then have a successful outcome of your DUI case.

For more information on how to defend against a DUI charge, contact our office to talk to an attorney experienced in DUI cases. 

What are the consequences for possessing illegal anabolic steroids?

I have represented hundreds if not thousands of clients who have been charged with drug arrests. Some of these crimes have been misdemeanor charges and some of the crimes have been felony charges. One such charge is for the illegal possession of anabolic steroids.

If you are convicted of illegal steroid possession, you are facing a Class C misdemeanor charge on a first offense. That could result in a maximum of 30 days in jail and fines of $1,500. If you are facing a second offense possession of steroids charge within 2 years of prior conviction, the penalty is increased to a Class B misdemeanor that could result in a maximum of 6 months in jail and fines of $1,500.

For more information on drug charges, contact our office to speak with an experienced defense attorney.


- Posted by criminal defense lawyer John W. Callahan

Can I be charged for an aggravated assault if I use a firearm, device, or motor vehicle in the assault?

I have represented hundreds if not thousands of clients who have been charged with crimes in the Chicago area for over seventeen years. Some of these are misdemeanor charges in Illinois and some of them are felony charges. One charge that can become aggravated based on the use of a firearm, device, or motor vehicle is an assault charge.

A person commits aggravated assault when, in committing an assault, when he or she does any of the following: uses a deadly weapon, that looks like a firearm, other than by discharging a firearm; discharges a firearm, other than from a motor vehicle; discharges a firearm from a motor vehicle; wears a hood, robe, or mask to conceal his or her identity; knowingly and without lawful justification shines or flashes a laser gun sight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person; uses a firearm, other than by discharging the firearm, against a peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical technician, employee of a police department, employee of a sheriff's department, or traffic control municipal employee while performing their official duties; without justification operates a motor vehicle in a manner which places a person, in reasonable apprehension of being struck by the moving motor vehicle; knowingly video or audio records the offense with the intent to disseminate the recording.

For more information on what constitutes aggravated assault or if you have any questions about drug possession, contact John W. Callahan, an experienced defense attorney.


- Posted by criminal defense lawyer John W. Callahan

How do I get my license reinstated after being convicted for a DUI?

As an attorney who has been representing clients around the Schaumburg and Chicago area for over 17 years, it is important to understand that a DUI charge can have serious consequences such as losing your license. Once you lose your license after being convicted of a DUI, you need to attend a hearing in order to have your license reinstated.

The Secretary of State will not grant a person's driving privileges until it is satisfied that a person is not a risk to the public safety. The burden of proving that a person is not a risk to public safety is on the person who wants their license reinstated. A person proves that are not a risk to public safety by attending a informal or formal hearing. This is a difficult burden for most people to meet, which is why it is important to have an attorney be present to represent the individuals interests.

For more information on how to have your license reinstated after a DUI conviction, contact John W. Callahan.


- Posted by DUI lawyer John W. Callahan

What does BAC mean in regards to a DUI charge?

After representing hundreds of clients for DUI charges around the Schaumburg and Chicago area for over seventeen years, I have had many clients ask me what the acronym BAC means in regards to a DUI charge.

A driver’s BAC is based on the ratio of alcohol to blood or breath. However, an individual with a BAC between .05 and .08 may be convicted of DUI if additional evidence shows the driver was impaired. The effect of alcohol on an individual is determined primarily by two factors: the amount of alcohol consumed and the rate at which it is absorbed by the body. Other contributing factors include gender, body weight, alcohol tolerance, mood, environment and the amount of food consumed. From the first drink, alcohol affects coordination and judgment. Even with a BAC well below .08, a person’s reaction time slows.

The risk of being in a crash begins to climb with a BAC between .04 and .05 and increases rapidly thereafter. By the time a driver reaches a BAC of .06, he/she is twice as likely to be involved in a fatal crash as a non-drinking driver. By the time a driver reaches a BAC of .08, he/she is 11 times more likely to be killed in a single-vehicle crash than a non-drinking driver. The only way to rid the body of alcohol is time. Fresh air, coffee, a shower and food cannot person become sober.

For more information about DUI charges, contact John W. Callahan for a free consultation.


- Posted by Schaumburg DUI lawyer John W. Callahan

Can I be charged with aggravated assault based on the status of the victim?

I have represented hundreds if not thousands of clients who have been charged with crimes in the Chicago area for over seventeen years. Some of these are misdemeanor charges in Illinois and some of them are felony charges. One charge that can become aggravated based on the status of the victim is an assault charge.

A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following: a physically handicapped person or a person 60 years of age and older; a teacher or school employee on school grounds; a park district employee on park grounds; a peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical technician, or utility worker while performing their duties; a probation officer while performing his duties; etc.

For more information on what constitutes aggravated assault, contact John W. Callahan, an experienced defense attorney.


- Posted by criminal lawyer John W. Callahan

Saint Patrick's Day Weekend DUI arrest

Were you arrested for a DUI charge on St. Patrick's Day? It is very common for a person to be arrested for a DUI or DWI on St. Patricks's Day and it's surrounding celebrations. Police officers are active and looking for people enjoying the holiday. Very often, a person leaving the bars in Schaumburg, Chicago and Naperville, Illinois during this weekend should be on the lookout for police due to the fact that they are looking for people who could be suspected of driving under the influence of alcohol.

If you were arrested for a DUI over the weekend in Chicago or the Northwest suburban area, the first thing you should do is to file a petition to contest the suspension of your driving privileges. Because the police arrested you for a driving under the influence charge, your license will be suspended 46 days after the arrest if you don't take immediate steps to prevent it from happening. My office has handled DUI charges for more than 17 years every single day in Illinois and we know every possible step that can be taken to prevent your license from being suspended.

If you are looking for help with your driving under the influence of alcohol charge or have recently been arrested for a DUI, feel free to contact the law office of John W Callahan to protect your rights as well as your drivers license.


- Posted by DUI lawyer John W. Callahan