To win a DUI trial in Illinois you have to understand the basics of trial law. Specifically, who has the burden of proof. At all times from your arrest for DUI through to the end of the trial, you are presumed innocent of the charge. This means the State has the burden (requirement) to prove…
If you are stopped by the police and asked to perform Field Sobriety Tests, one of the test will likely be the HGN Test. This test is to check for movement of your eye. It is based upon research that shows that if you consume alcohol you eye will jerk back and forth if you…
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…
Forest Preserve DUI Dismissed Before Trial: The Forest Preserve Police charged my client with a DUI. My client was riding his motorcycle on a roadway leading out of a Forest Preserve. He lost control and fell off his motorcycle and then fell into a ditch. The police officer was there within minutes and testified that…
The Illinois State Police have jurisdiction throughout the entire State of Illinois. Therefore, they can stop and arrest a person for DUI, or any state offense anywhere within the State of Illinois.
The location of court has to be within the county that you were arrested or received the ticket.
If your arrested for DUI there may or may not be a video of the police officer stopping your vehicle and you performing the field sobriety tests. Each police department has its own video recording rules. Some police departments do not have in-car video and other’s do. By law, all Illinois State Police have in-car…
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 and a 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…
A “Drug and Alcohol Evaluation” is a review of your consumption of drug and alcohol use. The evaluation consists of two parts: 1) interview and 2) multiple choice questions. A urine test is not a standard part of the evaluation, however, can be requested if the evaluator has a suspicion that you may be under…