Law Offices of Christopher B. Titcomb, LLC

Frequently Asked Questions

DUI
Traffic Tickets
Criminal Defense
Personal Injury

DUI [back to top]

What is DUI?
DUI stands for “driving under the influence.” It is a criminal offense that involves operating a motor vehicle while under the influence of alcohol and/or drugs, with a blood alcohol concentration of .08% or greater, or with any amount of an illegal controlled substance in your system.

What are the penalties associated with DUI in Chicago?
Penalties for DUI in Chicago vary depending upon the circumstances of the arrest and conviction, including age of the driver, driver’s BAC level, whether children were being transported and whether the driver had pervious DUI convictions. Based on various circumstances, a driver may be facing imprisonment, fines, court costs, license suspension, community service and more.

Do you offer a free consultation?
Yes. If you or someone you know has been arrested for DUI in or around Chicago, Illinois, contact the Law Offices of Christopher B. Titcomb, LLC. Christopher Titcomb will help you understand your legal options.

How do I know if a plea bargain is the right choice or if I should go to trial?
This is a question best answered after a careful review of your particular case and charges. The Law Offices of Christopher B. Titcomb, LLC follows the motto: hope for the best, plan for the worst. Upon a careful examination of the facts of your case, Christopher Titcomb will work diligently to build the strongest defense possible. Ideally, we will be seeking a dismissal of the charges or a victory at trial. The Law Offices of Christopher B. Titcomb, LLC believes in using negotiation as the last option – not the first.

Christopher Titcomb is a trial attorney, and if trial is imminent, you will be armed with the strongest defense possible and an attorney who is ready to fight for your rights.

What is a Statutory Summary Suspension hearing?
In the State of Illinois, a Statutory Summary Suspension is an administrative procedure providing for the automatic driver’s license suspension of a driver arrested for DUI who fails chemical testing (a test showing a BAC of .08% or more or any amount of cannabis, controlled substance or intoxicating compound) or who refuses to submit to or fails to complete testing. The Law Offices of Christopher B. Titcomb, LLC can represent you throughout this hearing.

Traffic Tickets [back to top]

What is the difference between Supervision and a Conviction?
Under Illinois law, Court Supervision is a sentencing disposition which may follow a guilty plea or a finding of guilt after trial. Court Supervision, if received and successfully completed, means that you will not have a record of conviction on the charge. The concept of Court Supervision is like a continuance, pending the defendant's good conduct, with dismissal of the charges upon acceptable compliance. If the conditions are complied with, the conviction does not become a part of your record. A conviction will appear as part of your record and will be reported to your insurance company. This can affect your insurance rates.

How will my auto insurance be affected by a traffic ticket?
Your auto insurance rates may or may not increase after you receive a traffic ticket. Insurance will increase depending on the type of violation as well as your insurance company’s policies regarding this matter. Generally speaking, a minor moving violation such as running a red light or speeding will not cause an increase in auto insurance rates if your case is dismissed, if you are found not guilty or if you are placed on court supervision. To find out exactly how your individual insurance rates might be affected, speak with the Law Offices of Christopher B. Titcomb, LLC today.

What is a “moving violation” versus a “non-moving violation”?
In general, a moving violation is an infraction of a traffic law while the vehicle is in motion, however there are exceptions. Conversely, a nonmoving violation occurs when the vehicle is not in motion. Various examples of moving violations include speeding, drunk driving, and failure to yield. Non-moving violations include such citations as parking violations, failure to wear seat belt, and illegal window tinting. Generally speaking, the penalties are more severe for a moving violation than a nonmoving violation because moving vehicles have a greater potential to cause harm or injury to others.

Does Illinois use a Point System?
Illinois does not maintain a point system in the traditional sense. Motorists 21 years of age and over with three convictions for moving violations within any rolling 12-month period will have a suspended Illinois driver license for at least three months, possibly more if previously suspended. Motorists under 21 years need only two convictions for moving offenses within any 24-month period for a suspension of their license. Too many traffic offenses and you risk being labeled a “habitual offender” and face suspension, or even revocation of your Illinois driver’s license.

Conviction for some offenses, such as leaving the scene of a personal injury accident, will result in suspension of your driving privileges, and even supervision can result in suspension in cases of possession of a fake or altered driver’s license or possession or consumption of alcohol by a minor.

Criminal Defense [back to top]

What is the difference between a felony and a misdemeanor?
In the Illinois criminal court system, there are two types of charges: felonies and misdemeanors. Felony criminal charges are the more serious of the two and are punishable by one year in prison or more, depending on the class of felony. Misdemeanors are lesser offenses that are punishable by less than one year in jail, again depending on the misdemeanor classification.

Will I go to jail or prison?
There are many sentences available under Illinois law that do not involve imprisonment, even if the defendant is facing felony charges. Although imprisonment is a possibility, you can reduce your chances of being sentenced to jail or prison by contacting the Law Offices of Christopher B. Titcomb, LLC to defend you in court. The right defense for your case can avoid conviction and jail or prison, and can help avoid or lessen other penalties.

What are the possible penalties I may face if I’m convicted?
The penalties in a criminal case depend entirely on the charges and the circumstances of the case. Misdemeanor charges are usually punishable by no more than one year in jail and less than $2,500 in fines. Felonies are punishable by probation or at least one year in state prison and fines totaling as much as $25,000. Other possible penalties include probation, parole, restitution to the victim, mandatory counseling or rehabilitation, community service, license suspension, loss of certain rights, and a mark on your permanent record.

Certain factors can enhance your penalties, such as having prior criminal convictions on your record, using a weapon to carry out your crime, and committing a crime involving a child.

Why should I hire a private criminal defense attorney instead of a public defender?
A Public Defender can be appointed when a defendant qualifies economically as indigent. Accepting a Public Defender should only be done when you truly cannot afford a private criminal defense attorney for a number of reasons. The Public Defender's office, while generally staffed by competent and qualified Illinois criminal defense lawyers, is often inundated with more cases than they can handle. They simply cannot devote the personal attention to each client that private Chicago criminal defense lawyers can. There are even situations where having a Public Defender handle your case limits your ability to protect certain rights. For instance, in DUI proceedings, a Public Defender is not authorized by Illinois law to address a driver’s license suspension or to attempt to obtain a driving permit!

Personal Injury [back to top]

What happens if I have a severe injury and the person who caused my accident does not have enough insurance coverage to pay all of my damages?
After you have exhausted the insurance coverage you next look to the responsible person's assets. However, most people who don't have enough insurance usually don't have enough assets either. If the responsible person was in the course and scope of their employment when the accident happened, their employer would also be responsible. Most employers have high limit insurance policies. We also look for excess or umbrella insurance policies. There may also be other defendants and other theories of recovery. Serious injury cases allow us to investigate unusual or obscure theories of law in order to recover full value for our injured client.

If I fall and hurt myself on someone else's property, do they have to pay me for my injuries?
It depends on why you fell and what damages you incurred as a result. To collect money damages, you will have to prove that the property owner was negligent. Common situations involve retailers allowing spills to remain on the sales floor after they learn about them. Other common slip/trip and fall situations usually involve uneven sidewalks, stairs, missing or detached hand rails, leaking refrigerated cases in supermarkets, and countless other unique situations. Each slip and fall has to be evaluated based on its individual facts. As in most cases, it always helps to get witnesses and to take photographs if possible.

How do I prove how the accident occurred?
Usually this is accomplished through witnesses (including the parties to the accident) and an analysis of the physical evidence. In motor vehicle cases, there are usually police reports. Other situations are sometimes videotaped from surveillance cameras. Each case will present a different set of circumstances. As a general rule, collect as much information at the scene of the accident as you possibly can. Get names and other information from witnesses. If you have a camera take pictures if you think they will help you.

After both Plaintiff and Defendant have presented their evidence and their side of the case, the judge will read “jury instructions” which advise the jury members of the law and what each party had to prove during their case. The jury will then evaluate the evidence presented at trial, applying elements from the jury instructions in reaching their verdict.

What is the Statute of Limitations in Illinois?
Illinois personal injury cases are governed by a 2 year statute of limitations.

How long before I will be compensated for my injuries?
It depends on the facts of your case and whether the case goes to trial. Although it is important to gather information concerning liability (fault) as quickly as possible, generally a lawsuit will not be initiated until after the injured party has finished receiving treatment for his or her injuries. Completion of treatment is important because it permits the attorney to better understand the full nature and scope of the client’s injuries, which then enables the attorney to better represent the client. In cases involving relatively minor injuries, we usually see about a 9 to 16 month time frame. Where more serious injuries have occurred, especially those that may have long-term implications, cases may take longer to resolve.

Can I see my own doctor?
Yes. As a matter of fact, it is preferable. However, if you do not have your own doctor, we can refer you to qualified, experienced, physicians who can address your specific needs – such as orthopedics, neurology, etc. The important thing is that if you are injured do not delay in getting checked out. The mere fact you may not be in immediate pain, does not mean you have not been injured.

Can I get money before my case is settled?
Often, as a result of an injury, you may be unable to work for a period of time and you may have a viable claim for wage loss. Further economic harm results from medical and regular monthly bills going unpaid. The good news is that, under certain circumstances, there may be a way to get money before your case is settled. There are private companies that advance money to injured parties. But the great news is that if you are advanced money by one of these companies and you are not victorious in your claim, you do not have to pay back the money you were advanced. These are private companies specializing in case advances. We are not affiliated with them nor do we receive any compensation from them. We answer this question here as a service because it is frequently asked during client interviews.