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.…
If you are stopped by the police and asked to perform Field Sobriety Tests, one of the test will likely be the Horizontal Gaze Nystagmus Test. This test is to check for movement of your eye. It is based upon research that shows that if you consume alcohol your eye will jerk back and forth…
Underage Drinking and Driving Being convicted of a DUI will have serious consequences for anyone. However, an individual who is under 21 years of age at the time of their arrest will face more serious penalties if found guilty of a DUI. This is true even if the underage individual tests below the legal drinking…
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…
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…
Is there a video of your DUI arrest? The answer is most likely “yes”. More and more police departments are using dash and body cameras to record police interactions. However, 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…
On many holidays, such as Halloween, New Year’s Eve, St. Patrick’s Day, Fourth of July, etc. people will drink alcohol. The police will make arrests for driving under the influence. When the police make more arrests the courts must manage more cases and it might be an opportunity to take advantage of the court’s more…
I just won a DUI case at the Bridgeview courthouse and my client did not have to testify. Here are the facts: my client was stopped at 1:15 a.m. in LaGrange, Illinois for speeding 40mph in a 25mph zone. My client admitted to drinking alcohol and, according to the police officer, failed all of the…
This is a Lockport, Illinois matter. My client, a CDL truck driver was driving his commercial vehicle (a Vovlo truck with 53 foot trailer) on Route 7 into Lockport. He was coming down from the bridge into Lockport when a Lockport police officer used radar and clocked him going 60mph in a 30mph zone. This…