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…
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…
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…
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…
Illinois Secretary of State has two types of driving records: a public record and a “court purpose driving record.” The public record is one that your insurance company is allowed to obtain. Court supervision does not show on your public record however conviction do appear. If you are convicted for the DUI, (unlikely for a…
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…
A “Preliminary Breath Test” also called a “Portable Breath Test” or most often referred to as a PBT is a test a police officer may offer a person who he believes is an intoxicated driver. The DUI Detection and Standardized Field Sobriety Student Manual states: “The basic purpose of preliminary breath testing (PBT) is to…
When you receive a DUI in Illinois you will also receive a Statutory Summary Suspension, which is the automatic suspension of your Illinois driver’s license after 46 days. This suspension should be challenged for several reasons. First, you can save your driver’s license and second, the testimony you obtain at the hearing will benefit you…