My client who has a CDL license was recently found Not Guilty of his second DUI, (the Statutory Summary Suspension) was also rescinded. The police officer was following my client and saw that my client was straddling both lanes of traffic (headed in the same direction) and would go from lane to lane, but not…
Battery Case: I just finished a case where my client was charged with two counts of battery and one count of trespass to land. The State, McHenry County called five witnesses to testify against my client. Two of the witnesses were independent individuals that did not know any of the parties, (they were in a…
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…
On many holidays, such as Halloween, New Year’s Eve, St. Patrick’s Day, Fourth of July, etc. people will drink alcohol and 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…
Most people on occasion go out to a restaurant and having a few drinks with a meal, or watch a game and have a few beers. However, with the legal limit of 0.08, what does this mean- – how many drinks are too many? Typically, for a 175 pound person, 3 drinks in two hours…
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…
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…
I spoke to a person today who asked how many hearings it would take to get her license back. She said she had 8 formal hearings before the Illinois Secretary of State and was denied each time. Answer: It should take 1 hearing to get driving again. Provided that you have a good attorney who…
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),…