According to Komonews.com, Omar Medina, age 26, was pulled over because the police thought he might be a drunk driver. When the police asked for his driver’s license, he allegedly responded by offering the police officer a can of beer. Not a good start. This is an extreme story of what not to do. However,…
If you are arrested for a DUI or other criminal offense the police tow your vehicle. In order to have your vehicle released you have to pay an “impound” fee. This fee is nothing short of a ransom. The City of Chicago impound fees are the most outrageous of the municipals. For example, the DUI…
If an officer suspects that you may be driving under the influence of alcohol he will ask you to perform Field Sobriety Tests and submit to a breath testing. Should you perform these test? The short simple answer is NO. I base my answer on the following: 1. The officer needs you to perform the…
I am handling a case where my client was driving 32mph on the tollway. The speed limit is 55mph and the minimum speed is 45mph. Therefore, she was driving 13 mph under the minimum speed limit. As we know, everybody drives about 70 mph so other vehicles were passing her at 38 mph. An Illinois…
I am handling a case right now where my client was stopped for DUI. The Woodridge Police Officer asked my client to perform both the alphabet test and the count down test. Although the alphabet test, (saying the alphabet from the letter “E” to “P” or any other variation, e.g., “B” to “Q”, “F” to…
In Illinois you can be convicted for Driving Under the Influence (DUI) when your sleeping in your car or sitting in your car without the engine running. It is possible because Illinois law requires that you have “actual physical control” of your vehicle to be guilty of DUI. “Actual physical control” is defined as simply…
Client’s often agree to perform the field sobriety tests on the road, (Walk and Turn, Once Leg Stand Test and HGN), but then refuse to submit to a breath test at the police station. Although the state prosecutor does not have a breathalyzer result, they still have evidence that you were not able to properly…
The power of cross examination is best illustrated in a case I handled a few weeks ago (January 9, 2013). The police officer testified that at 4:15 a.m. he witnessed my client’s van at a green light and it was not moving. The officer position his vehicle behind my client’s van and knocked on the…
In reviewing a DUI arrest, the first question is why did the police officer pull you over. It is an important question because a police officer cannot pull you over just to see why your driving at 2:00a.m. The officer has to witness a specific violation. Most DUI stops occur because of “improper lane usage”…