A “Preliminary Breath Test” also called a “Portable Breath Test” or most often referred to as a PBT is a test a police officer may offer a person who he believes is an intoxicated driver. The DUI Detection and Standardized Field Sobriety Student Manual states: “The basic purpose of preliminary breath testing (PBT) is to…
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…
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 Petition to revoke a sentence occurs if you fail to complete all of the conditions of the sentence. For example, the sentencing court might sentence you to pay a $1,500.00 fine, take classes regarding alcohol, attend a Victim Impact Panel and not be charged with a crime during the period of your court supervision…
There are two types of Secretary of State hearings: informal and formal. Formal hearings have to be reqested in writing, require a $50.00 fee and are scheduled 5-7 weeks after receipt of the written request. There are only four locations for formal hearings in Illinois: Chicago, Joliet, Mt. Vernon and Springfield. Informal hearings do not…
The Judge will require you to have an attorney and you will receive a much better result in your case. A person charged with DUI should have an attorney for several reasons. First, a DUI case is a serious case where a person can be sent to jail for up to 364 days and fined…
A BAIID device is a machine that is installed in your vehicle. Before your allowed to start the vehicle and at various times when you are driving your vehicle, you must provide a sample of your breath into the machine to confirm that you have not consumed alcohol. The Illinois Secretary of State requires you…
The first court date after a DUI Arrest occurs approximately 30 days after the day of arrest. The court date is set on the police officer’s “key.” Every officer is given a certain day or two each month that they are scheduled to appear in Court. For example the key of “W” will stand for…