Latest from DUI Lawyer Skokie - Page 2

Zoom Court was first initiated in response to the COVID-19 pandemic.  Court business could thus continue, while keeping everybody safe.  But even post-pandemic, Zoom Court is here to stay.  As of January 1, 2023, the Illinois Supreme Court made remote hearings permanent. Revised Illinois Supreme Court Rule 45 governs the use of Zoom going forward.
For criminal or traffic matters that do not involve the possibility of jail or prison time, you may be able to attend all court hearings on zoom, except for:

  • evidentiary hearings, other than ex parte evidentiary hearings (such as emergency order of protection hearings),
  • settlement


Continue Reading IS MY DUI OR CRIMINAL COURT HEARING ON ZOOM?

You were stopped for speeding after leaving a wedding early in the morning.  You had already had a very long day, and you did have a few drinks at the wedding.  Because of your red eyes and odor of alcohol, the officer arrested you for DUI.
Are you more likely to be found guilty because of bloodshot eyes?
While police officers typically take note of glassy, bloodshot eyes, the impact of such evidence is often limited. Bloodshot eyes may help persuade a judge that you had too much to drink, but they are only a small part of the picture.
Continue Reading CAN BLOODSHOT EYES CONVICT YOU OF DUI IN ILLINOIS?

You were driving home from watching a game at the bar when your car ran out of gas.  An officer stopped to see if you needed help.  He smelled the alcohol,  and you ended up arrested for DUI after you took a few field sobriety tests. You are convinced that you aced all the tests, but you there is no video of the arrest.
What if the officer did not have a body cam or squad car video? Or due to technical problems, any video of your arrest was lost or unreadable.  If there is no video, can you still
Continue Reading CAN I BE FOUND GUILTY OF DUI IF NO VIDEO WAS MADE OF THE ARREST?

If you are arrested for DUI, the sooner you contact an attorney, the better the chances of keeping your driver’s license.  A recent Illinois case underscores why it is important to act quickly.
When you are arrested for DUI, the Illinois Secretary of State will automatically suspend your driver’s license on the 46th day after your arrest.  You may file a petition to overturn or rescind the suspension.  Your best bet for winning your petition is to file it as soon as possible after your arrest.
Illinois law provides that you must be given a hearing within 30 days of
Continue Reading WHY IT’S IMPORTANT TO ACT QUICKLY WHEN YOU GET A DUI

You ingested some cannabis gummies after a stressful workday. Later that evening, you were pulled over for a faulty taillight.  You felt you were driving safely, but you admitted to the officer that you had eaten the gummies and now you are under arrest.
Can you really be arrested for DUI when the sale and use of cannabis are now legal in Illinois?
The answer is yes.  Just as the ready availability and sale of vodka does not mean you can drink a bottle before driving, the fact that marijuana use is now permitted does not mean you get a
Continue Reading CAN I BE ARRESTED FOR A CANNABIS DUI WHEN MARIJUANA IS LEGAL IN ILLINOIS?

You were singing along with the radio while driving down a rather busy road when a car pulled into the road several yards ahead of you causing you to crash. Although the accident wasn’t your fault, you were still given a ticket for failure to reduce speed to avoid an accident. (See 625 ILCS 5/11-601(a).)
What does that mean?  What can you do?
Under Illinois law, you must slow down as necessary to avoid colliding with any person or vehicle when on or entering a road in compliance with the law and the duty to use due care. To convict
Continue Reading FAILURE TO REDUCE SPEED TO AVOID AN ACCIDENT

When you are arrested for DUI, the Illinois Secretary of State automatically suspends your driver’s license on the 46th day after your arrest.  The suspension is not effective unless you are notified in writing and informed that you may request a hearing. To request a hearing, you must file a petition to overturn or rescind your suspension with the court within 90 days.
Once the petition is filed, the court must give you a hearing within 30 days of filing your petition or on the first court date, whichever is later.  If the state is not ready within that time
Continue Reading HOW DO YOU OVERTURN THE AUTOMATIC SUSPENSION OF YOUR DRIVER’S LICENSE IN ILLINOIS?

One night you went to a birthday party.  The friend who drove you started a drinking game. While you only had two or three drinks yourself, your friend had many more and became too drunk to drive.  So you offered to take the wheel.  Is that a defense to a DUI?
The answer is no.  Under Illinois law, the fact that your friend was more impaired than you were simply does not matter.  DUI is against the law even though you may have been the lesser of two evils.  While you may have truly believed you were doing your friend
Continue Reading WHAT IF MY FRIEND WAS TOO DRUNK TO DRIVE?

You hurt your back at work.  It didn’t stop you from going to your boss’s birthday party, but you only had two beers  and then the police stopped you for speeding.  You really were okay to drive, but you had trouble with the field sobriety tests, so you got arrested for DUI.
Can your back injury affect the tests?  Drivers are generally asked to perform the walk-and-turn and the one-legged stand field sobriety tests.  Will it matter to a judge at trial that you suffer from a back injury or just  a long-term issue such as scoliosis?  Is that a
Continue Reading CAN BACK TROUBLE AFFECT YOUR DUI?

In Illinois, driving on a suspended/revoked license is a difficult charge to fight.  On a first offense, the state need only prove that you were driving and that your license was suspended or revoked.  However, you may still have a defense.
Did the police have probable cause to stop you?  If not, an attorney can petition the court to suppress the evidence from the stop.  In certain circumstances, the court might even dismiss your case.
Were you driving on private property?  The law bars driving without a license on “any highway” of Illinois.  A “highway” is defined as the entire
Continue Reading DEFENSES TO DRIVING ON A SUSPENDED/REVOKED LICENSE

 
Under 725 ILCS 5/103-3.5, you have the right to communicate free of charge with an attorney of your choice and members of your family as soon as possible upon being taken into police custody, but no later than 3 hours after arrival at the first place of detention. You must be given access to a telephone to make 3 calls. If you are moved to a new place of detention, your right to make 3 calls within 3 hours of arrival is renewed.
If police violate these rights, your statements to them are presumed inadmissible as evidence. However,
Continue Reading YOUR RIGHT TO COMMUNICATE WHILE IN POLICE CUSTODY IN ILLINOIS

The answer depends on your specific circumstances.
Did your driving show impairment?  Did you behave in a calm and controlled manner with police?  Were you stumbling to get out of the car?  Is your voice slurred on the evidence video?
On or about your first court date, your attorney will request any evidence that the state may have on you.  The evidence will likely include a video of your arrest.  The video should show what happened during the police stop and may even show your driving.  After viewing the video, your attorney can better assess if the state will be
Continue Reading CAN I BE CONVICTED OF DUI IF I DIDN’T TAKE ANY FIELD SOBRIETY TESTS?

Zoom Court was first initiated in response to the COVID-19 pandemic.  Court business could thus continue, while keeping everybody safe.  Now, effective New Years Day, 2023, the Illinois Supreme Court has made remote hearings permanent.  Revised Illinois Supreme Court Rule 45 governs the use of Zoom going forward.
For criminal or traffic matters that do not involve the possibility of jail or prison time, you may be able to attend all court hearings on zoom, except for: (i) evidentiary hearings, other than ex parte evidentiary hearings (such as emergency order of protection hearings); (ii) settlement conferences; (iii) bench trials; (iv)
Continue Reading IS MY DUI COURT HEARING ON ZOOM?

Before you can be arrested for DUI, police must have probable cause.  But at what point are you considered under arrest?
In Illinois, you are under arrest when your freedom of movement has been restrained by means of physical force or a show of authority. To determine when that happened, a court looks at: (1) the officer’s intent to make the arrest, and (2) your understanding, based on an objective standard of reasonableness, that you were under arrest. Probable cause cannot be justified by the evidence found after your arrest.
For example, in People v. Workheiser, the defendant took
Continue Reading DID POLICE HAVE PROBABLE CAUSE BEFORE YOUR ARREST?

Without more, the answer is probably not.  Under Illinios law, nervousness by itself does not give an officer probable cause for the search.
While most police searches require a warrant, there is an exception for automobiles. Under that exception, law enforcement officers may perform a warrantless search if there is probable cause to believe that the automobile contains evidence of criminal activity that the officers are entitled to seize.  The fact you may have made furtive movements is not enough by itself to provide probable cause.
Your furtive movements may have an innocent explanation, such as that you were trying
Continue Reading CAN POLICE SEARCH MY CAR BECAUSE I’M NERVOUS?

In our April 20, 2021 post, we discussed People v. Pearson in which the court held that police could not search a defendant’s hospital room without a warrant because the defendant had a reasonable expectation of privacy in his hospital room.  (Can Police Search My Hospital Room Without a Warrant?)
But a later Illinois Appellate case shows how specific facts viewed by a particular judge can reach a different outcome.  This is why it is important to hire an experienced attorney who is familiar with your courthouse and can present your facts in their best possible light to
Continue Reading CAN POLICE SEARCH MY HOSPITAL ROOM WITHOUT A WARRANT? PART II