In most DUI cases in Illinois, in addition to the DUI criminal charges, you will received a STATUTORY SUMMARY SUSPENSION. This is the automatic suspension of your driver’s license 46 days after your DUI arrest. If you have a CDL license, this will suspend your CDL and cause a 1 year disqualification. This suspension /…
To win a DUI trial in Illinois you have to understand the basics of trial law. Specifically, who has the burden of proof. You are innocent of the DUI charge at all times until a Judge says otherwise. This means the State has the burden (requirement) to prove to the court that you are guilty.…
First Court Date: On the first court date in a DUI or criminal case several events happen. First, your attorney will file an Appearance. You may have an arraignment. Further your attorney will enter a plea of not guilty and request discovery. Lastly, the case will be continued for further proceedings. What is an…
What is Discovery? Discovery is the evidence in a DUI or criminal case. It includes materials such as police reports, pictures of physical evidence, and sometimes video. How do you get Discovery? The prosecutor (state’s attorney) gives Discovery to your defense attorney. However, there is an Illinois Supreme Court rule that specifically states that attorneys…
Most people on occasion go out to a restaurant and having a few drinks with a meal, or watch a game and have a few beers. However, with the legal limit of 0.08, what does this mean- – how many drinks are too many? Typically, for a 175 pound person, 3 drinks in two hours…
During a traffic stop a police officer may tell you that he has to have you perform the Field Sobriety Tests, (walk and turn, one leg stand, etc) because it is his department’s police and that it is routine and you can be on your way in a few minutes. During the tests, the officer…
DUI Motions: When I represent a client on a DUI charge I usually file certain motions to challenge the police officer’s reason for stopping the client. As well as motion to challenge the police officer’s belief that the client was intoxicated. These motions are called a Motion to Quash the Arrest and Supress the Evidence.…
In almost every case I handle, I file a Motion to Quash the Arrest. This motion asks the Judge to throw the case out. Because the arresting police officer did not have enough evidence to place my client under arrest. I do not file this motion with the intention of having the case dismissed. I…
On June 12th, I presented a motion entitled “Motion to Suppress Identification.” The motion sought to throw out the three eye witnesses’ identification of my client based upon my belief that the way the witnesses were shown my client’s picture was not proper. Specifically, a police officer took a cell phone picture of my client…
On June 5, 2014, I represented a client at the Bridgeview Courthouse for driving on a suspended license (2-6303), no valid insurance and having his registration suspended for no insurance. I was able to have all of the charged dismissed. My Client saved approximately $1,100 in court fines, fees and another $1,000.00 in not having…