Winning a DUI Trial in Illinois

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…

Electronic Communication Device While Driving

Electronic Communication Device While Driving: Using a cell phone while driving is a violation of the Illinois Statute 625 ILCS 5/12-610.2.   Can I use a cell phone when I am stopped in traffic? Yes.  The law states a cell phone can be used if the following conditions are met.  First, the vehicle is stopped…

Illinois Secretary of State removes 30 waiting Period for BAIID

Effective January 1 2016, the Illinois Secretary of State has removed the 30-day waiting period before a person with a suspended license based upon a Statutory Summary Suspension can begin driving. When a person receives a charge of driving under the influence (DUI) they usually (but not always) also receive a Statutory Summary Suspension. This…

Bridgeview DUI: Not Guilty

I just won a DUI case at the Bridgview 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…

CDL Driver, Speeding 60mph in a 30mph Zone = Not Guilty

Yesterday I did a trial in Joliet on a Lockport speeding case. 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…

DUI Motions have two Purposes

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.  …