Last Thursday, I appeared in DuPage County for my client who was charged with Retail Theft. He was accused of taking protein powder without paying for the item. What really happened is that my client paid $50.00, (the price with tax was $49.95) and left without a receipt. The store clerk pocketed the money. The…
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…
I just completed a trial in DeKalb County (Sycamore, Illinois), where my client was stopped by an Illinois State Police Trooper at 1:47a.m. for driving 87mph in a 65mph zone and driving with one headlight. The Illinois State Police trooper testified that my client had a very strong smell of alcohol, very red and blood…
Yesterday, I appeared for a client who was charged with his 3rd DUI. The case could have been upgraded to a felony but I was able to prevent it by the way I approached the case with the prosecutor. Specifically, I let the state’s attorney know right away that we were simply going to watch…
Last Monday I appeared on a DUI case I am working on at the Daley Center. My client has a 3-year Statutory Summary Suspension pending and I was able to position the case so the 3-year Statutory Summary Suspension does not take effect. This was possible because we “beat the confirmation” from the Illinois Secretary…
Winning a DUI case involves three major aspects. First, I review of the evidence the prosecutor has against you. This involves reviewing the arresting police officer’s narrative report, the alcohol influence report, (where your performance of the field sobriety tests are recorded), and any interview that may have been conducted at the time of your…
If an officer suspects that you may be driving under the influence of alcohol he will ask you to perform Field Sobriety Tests and submit to a breath testing. Should you perform these test? The short simple answer is NO. I base my answer on the following: 1. The officer needs you to perform the…
I am handling a case where my client was driving 32mph on the tollway. The speed limit is 55mph and the minimum speed is 45mph. Therefore, she was driving 13 mph under the minimum speed limit. As we know, everybody drives about 70 mph so other vehicles were passing her at 38 mph. An Illinois…
In Illinois you can be convicted for Driving Under the Influence (DUI) when your sleeping in your car or sitting in your car without the engine running. It is possible because Illinois law requires that you have “actual physical control” of your vehicle to be guilty of DUI. “Actual physical control” is defined as simply…
A “Drug and Alcohol Evaluation” is a review of your consumption of drug and alcohol use. The evaluation consists of two parts: 1) interview and 2) multiple choice questions. A urine test is not a standard part of the evaluation, however, can be requested if the evaluator has a suspicion that you may be under…