A Driving Under the Influence (DUI) case has two separate parts: the initial suspension of your license, (1 year suspension if you did NOT submit to a breath test and 6 months if you did and provided a breath sample (BAC) over 0.08), and the criminal charges. The Statutory Summary Suspension is from the Illinois…
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…
The law regarding Driving Under the Influence, commonly referred to as DUI is found in Section 11-501 of the Illinois Vehicle Code. The full citation is: 625 ILCS 5/11-501. 11-501 is the general provision involving DUI. There are two subsections that are the most commonly used in a DUI arrest: (A1): being applicable when a…
One of the ways to get a DUI case dismissed before my client has to testify is to ask the court for a directed verdict, also known as a directed finding. At trial, the prosecutor has the burden of presenting the state’s evidence first. Once the state’s witnesses testify (usually only the arresting police officer),…
I represented a client in Kankakee, Illinois on November 13, 2013, who was charged with DUI. He was stopped by an Illinois State Trooper for speeding and improper lane usage. My client submitted to all of the field sobriety tests and submitted to a breath test which registered a 0.11. The legal limit is 0.08.…
My client was charged with leaving the scene of an accident and DUI. I had all of the charges dismissed on October 31, 2013, based upon my motion to rescind the Statutory Summary Suspension. Here are the facts of the case based upon the police reports: My Client struck a large trash container in the…
I am representing an individual charged with DUI based upon consuming cannabis. As part of my representation on this case, I requested the “discovery” on this case. Discovery is all of the evidence the prosecutor has regarding the arrest of a person. Discovery usually consists of a narrative by the arresting police officer of what…
With the changes in the law (making 30mph and over a Class B misdemeanor, and 40mph and over a Class A misdemeanor), I have received many new clients being charged with these more serious speeding misdemeanors. Last Thursday, I represented a person for speeding 89mph in a 45mph zone. The ticket was issued by a…
On November 1, 2013, I represented a client on a charge of DUI in DuPage County, (Room 4015). The case was set for trial. The case involved a DUI that occurred in the City of Lombard. I was able to have the case dismissed just minutes before the trial was to start. Here are the…