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.…
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.
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…
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. 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…
In Illinois, if you are stopped by the police and they request your name, address, or date of birth, you are required to give that information to the officer. This is true whether you are being arrested, briefly detained (for example, a traffic stop) or questioned as a witness. If you give the officer a false…