In Illinois a Driving Under the Influence (DUI) offense can be charged as either a felony DUI or misdemeanor DUI. With either a felony DUI or misdemeanor DUI the core issues presented are the same, i.e., did the police officer have a proper reason to stop your vehicle, was there enough evidence to ask you…
In a DUI arrest the police officer is required to inform you what will happen to your driver’s license if you submit to a breath test, (or other chemical test) and what will happen if you refuse to submit. The information is contained in the “Warnings to Motorist” form that the police officer is required…
The Illinois Secretary of State Office is proposing changing the steps necessary to have a driver’s license reinstated after a person receives two or more DUI convictions. Currently a revoked driver has to obtain a drug and alcohol evaluation from a licensed treatment provider and then present themselves at a hearing before the Illinois Secretary…
Cook County has available a “theft school” for a person who is charged with Retail Theft. A person is not automatically entitled to attend theft school. Theft school is a disposition that is negotiated by your attorney. If your attorney is able to come to an agreement with the prosecutor (state prosecutor or city prosecutor)…
A public defender is a court appointed attorney. To qualify for a public defender you have to fill out a financial affidavit and show that you have no real assets to pay for an attorney. Even if you do qualify for the services of the public defender many courts require you to pay the public…
An out of state conviction for DUI will cause your Illinois driver’s license to become revoked for a period of 1 year if it is your first DUI. If your DUI was in Illinois you generally receive a sentence of Court Supervision which is not a conviction, so your license is not revoked for 1…
The time period to get a hardship license depends on if you need a formal or informal hearing. If you have one prior DUI, or are revoked for most other reasons, you will need an informal hearing. It takes about 7 days to schedule and prepare for an informal hearing before the Illinois Secretary of…
Today I was in Court at the Courthouse located in Maywood, Illinois (Maybrook) the 4th District. I decided to continue a hearing on a Statutory Summary Suspension because the Judge had a very full call and by demanding the hearing, it would keep the Judge in Court past 4:00p.m. and it was clear he wanted…
When a person is arrested there are police reports which the police officer is required to fill out. They consist of a detailed account of what occurred. The reports also contain an “Alcohol Influence Report” which detailed how well or poorly you performed on the field sobriety tests, (FST). In some cases there may also…
Once you lose your driver’s license, getting your license back has to be done through the Illinois Secretary of State’s Office. Depending on the circumstances, you will need either an informal hearing or a formal hearing. The subject of the hearing, the testimony and evidence that has to be presented is based upon the reason…