Criminal Law

With your name, livelihood and even freedom on the line - getting a good attorney can make a difference.  Attorney Jason A. Cannell is a former prosecutor with 20 years experience in criminal law.

DUI Law

The DUI laws in Illinois have become increasingly harsh.  Prior DUIs, a high BAC and other factors can lead to mandatory jail, fines and/or community service.  Attorney Jason A. Cannell was the DUI prosecutor for McLean County and has handled 1,000s of DUI cases

The DUI Laws Have Changed

In January 2009 new DUI laws took affect.  The most significant changes centered on the suspension of driver's license and driving permits.  The length of suspensions was dramatically increased.  Now, the minimum length of statutory summery suspensions for failing the breath test or refusing the breath test are as follows:

 For first offenders -

            6 months for failing the breath test

            12 months for refusing the breath test

            For non-first offenders -

            12 months for failing the breath test

            36 months for refusing the breath test.

Judicial driving permits (JDPs) are no longer granted.  Instead, with some exceptions, if you have not had a DUI in the last 5 years you can receive a MDDP permit to drive.  A breath test is essentially installed in your car and it won't start if alcohol is registered.  Unlike the old JDPs, the MDDP is not just a work permit – you can drive anywhere or anytime once it becomes activated.  It is important to act quickly to get this permit because if you are eligible it becomes effective 30 days after your suspension starts.  Contact the Cannell Lawfirm to make sure this is handled correctly.

Outcomes to Expect

If this is your first DUI it is likely that you will receive court supervision.  This accomplishes two things.  First, court supervision is not a conviction on your record.  Second, and perhaps most important, your driver's license will not be revoked.  If you do not receive court supervision and receive some other form of a conviction, your driver's license will be revoked.  A suspension has a definitive end date.  A revocation is different from a suspension because there is no end date and can continue you for many years until you convince the State of Illinois to return your driver's license through an administrative hearing.

However, even if this is your first DUI, factors that can affect receiving court supervision include, whether there was an accident, being underage, whether children were in the vehicle, being more than twice the legal limit (.16), and your criminal and driving record.

If this is your second DUI, you cannot receive court supervision as a matter of law.  A close look at the evidence from the keen eye of an experienced attorney can greatly help you.  All incentives to beat the case are increased because if you are convicted then your driver's license will be revoked and you can expect no driving permit for at least a year.

If this is your third or more DUI, then the case is felony eligible.  All efforts should be made to avoid a felony record.

Drug Law

Obviously you want to beat the case if you can.  One example of a weak case for the State is where drugs are found in the passenger compartment of a vehicle with several occupants.  Here, the State often has a hard time proving whom the drugs belonged to.  There are many defenses that should be explored with a credible attorney.

Traffic Law

Whether or not you live out of town, An Attorney can often resolve traffic tickets without a mandatory court appearance.  A lawyer can help you avoid a conviction on your record.  Many traffic tickets can result in a suspended driver's license.  Seek legal counsel if you need to avoid a conviction or have concerns about losing your license.