Clients often come in to my office and ask if it is possible to beat a DUI with a high BAC. The answer is, yes! While in Illinois it is still typically better for a DUI client to refuse the breathalyzer, a BAC over .08 can still be beat. Just yesterday we saw some problems with one of our client’s traffic stops on his DUI. Even though he blew a .17 we filed a motion to quash his arrest based on an unlawful stop. The judge agreed and the clients case was dismissed.
- Posted by John Callahan
Location:Schaumburg
Some clients in DuPage and McHenry counties are charged in cities or villages that have a local prosecutor rather than the State’s Attorney. Examples would be Elmhurst, Carol Stream, and Naperville. Each of these towns uses a local prosecutor to prosecute their DUI cases. Sometimes, however, the local entity will not be allowed to prosecute the case due to Illinois law if the client was arrested for an additional offense like resisting arrest or endangering the life of a child, etc. When that happens, the State takes over the case and the local prosecutor steps back.
- Posted by John Callahan
Location:Naperville
Had a DUI trial up against the Illinois State Police today but was able to negotiate a great result for my client where his suspension was rescinded and all but one of the charges were dropped against him in DuPage Court. Client was very happy!
- Posted by John Callahan
Location:DuPage County
When going to an informal hearing there is a relatively new requirement that the treatment provider must provide a detailed drinking history of the petitioner from the time of his / her first drink until current.
Without this drinking history, there is no access to the hearing.
- Posted by John Callahan
Location:Chicago
I can’t tell you how many people from out of state are losing their privilege to renew their drivers license. One client had a valid license in California for more than 23 years. Another from Washington had a valid license in that state for several years as well. The common thread… At one time each of these people had a license in Illinois and for some reason or another, picked up a DUI that did not affect their license for years. With the computers linking the databases from the different states together, it is possible for a DUI on the Illinois record to prevent you from getting your license renewed in your state. Scary.
Good news – just got a client from out of state his license back yesterday! There is hope!
- Posted from my iPad
Location:Joliet, IL
The answer is yes, and we did it today! Our client was arrested by a State Trooper on I-294 for a DUI in Cook County, Illinois. He was facing a three year suspension on his Illinois driver’s license. By filing the Petition to Rescind the Statutory Summary Suspension immediately on his case, we were able to put the State at a disadvantage. Even though the State’s Attorney did the right thing, the Secretary of State did not. Based on Illinois case law our client won the 3 year suspension.
- Posted from my iPad
Location:Markham, Cook County, IL
I recently posted about what happens when a client blows greater than .16 on a DUI in Illinois. If the client is a first time DUI offender, there is no mandatory jail time in Illinois. Rather, the mandate is to serve 100 hours of community service and pay a fine of $500. This does not mean that the client’s license must be suspended. In fact, we resolved a DUI case today in DuPage, avoided a conviction on the DUI for our client, and beat the summary suspension on his case. He never lost his license and the suspension is off of his record.
- Posted from my iPad
Location:Bensenville, IL
Many of my clients come from outside the State of Illinois and they all ask the same question… If we negotiate the case away and receive court supervision on my DUI, will it affect my driver’s license in my home state? The reason this is important is because Illinois offers court supervision while many states do not. Some states don’t even know what court supervision is.
With a first time offender who receives court supervision, the typical answer is no, court supervision in Illinois on a DUI charge will not lead to a revocation in the client’s home state. I have seen instances in Texas and New Jersey where the DMV of those states tried to revoke the license of our client due to the Illinois DUI. However, in each of those cases, we were able to clarify that court supervision is not a conviction and thus, our client’s licenses were cleared.
Location:Wheaton, IL
This afternoon, we proceeded to trial in DuPage County on a DUI charge out of Bartlett, Illinois. The officer’s testimony indicated that our client was speeding and stumbled out of his car. The testimony also indicated that our client refused the field sobriety tests as well as the breathalyzer. The video on this case reflected that the officer was very aggressive and somewhat pushy in his contact with our client. After the DUI trial there was a finding of not guilty as to the DUI. We also beat the statutory summary suspension on this case.
Location:Bartlett, IL
Many of my clients come from outside the State of Illinois and they all ask the same question… If we negotiate the case away and receive court supervision on my DUI, will it affect my driver’s license in my home state? The reason this is important is because Illinois offers court supervision while many states do not. Dome states don’t even know what court supervision is.
With a first time offender who receives court supervision, the typical answer is no, court supervision in Illinois on a DUI charge will not lead to a revocation in the client’s home state. I have seen instances in Texas and New Jersey where the DMV of those states tried to revoke the license of our client due to the Illinois DUI. However, in each of those cases, we were able to clarify that court supervision is not a conviction and thus, our client’s licenses were cleared.
Location:Wheaton, IL
