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: 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…
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…
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…
How many times you and your attorney have to go to court for a DUI varies based upon the facts of the case. A DUI can be resolved in as little as one court appearance but typically it takes between 2 or more court appearances to resolve a DUI case. If you are pleading “not…
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),…
Directed Verdict gets case dismissed. I represented a person on a DUI charge at the Daley Center, Room 406, where I had his DUI case thrown out of court. I say thrown out because the judge granted us a “directed finding.” A directed finding means that after the State’s Attorney finished presenting the case, the…
A violation of Probation or supervision happens when you are on a sentence of probation or supervision and you either get charged with a new offense or fail to complete one or more of the requirements of your original sentence. New Offense: One of the conditions of probation or supervision is that you do NOT…