![]() ![]() Municipalities may not bring felony charges by way of a local ordinance they may only charge petty and misdemeanor offenses in that manner. This is because a third or subsequent DUI under Illinois Vehicle Code provisions maybe a Class 2 felony or higher, punishable by “imprisonment” with mandatory periods of incarceration. For example, if a person has been arrested for what would be his third or subsequent DUI offense, before a local authority can charge it as a misdemeanor ordinance violation, they must obtain a release from the State’s Attorney’s Office. Some believe that a factor in deciding whether to prosecute locally is revenue production, as local jurisdictions collect a greater percentage of fines imposed under their own laws than under state law. Some cities like Chicago have what is called “home rule,” which allows for the local governmental authority to prosecute such matters themselves with their own “local prosecutor” and with their own book of laws called “local ordinances” as an “ordinance violation.” But it also gives them the option to charge you under provisions of the Illinois Vehicle Code. The State’s Attorney is usually the prosecutor and usually prosecutes all serious criminal and traffic cases, but not always. When you’ve been charged with a traffic violation, the prosecutor (who is the government attorney trying to punish you in court) may be either the State’s Attorney’s Office for that county or a local prosecutor. Who Will Be the Prosecutor on My Traffic Violation? There are other traffic offenses in the code that do not require being on a public road, mostly related to vehicle registration violations and possession of unassigned or incomplete title certification. You only need only be in “actual physical control.” Generally, this means being inside the automobile with the ignition keys accessible, so that you could simply start up the car and drive at any moment.As a matter of fact, there are even instances where a driver might be considered “in actual physical control of a car” when not even inside, depending on circumstantial evidence (such as when the car is in a ditch, and a lone person is walking away with all appearances that he or she must have driven the car into the ditch).īelieve it or not, you can be charged with a DUI for being drunk while sleeping in the backseat of your car (which is not even running) when it’s parked on the front lawn of your own house. In fact, in Illinois, you don’t even have to be actually driving an automobile to be charged with a DUI. This includes your own land or place where you live or stay. ![]() It is unlawful to be operating or in actual physical control of an automobile anywhere within the State of Illinois while intoxicated. The most common offense that doesn’t need to be on a public road is Driving Under the Influence (DUI). Not all violations under the vehicle code require the driver to be on a street, and some relate to the use of motor vehicles in areas that are not even considered “public.” These types of tickets can often be successfully prosecuted against you in court as long as the offense is alleged to have occurred within the State of Illinois. Call today for a free consultation at (800) 996-4824.ĭo You Have to Drive on a Road to Get a Traffic Ticket? When you call us, you know that you are talking to an experienced traffic violation and speeding ticket law firm.
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