YOUR FREEDOM, YOUR LICENSE AND YOUR MONEY.
One charged with DUI can loose their freedom, their driver’s license and pay large fines. That means you should have an experienced and knowledgeable attorney helping you. Daniel K. Robin has been practicing law in the Northwest Suburbs of Chicago for over 29 years. The office is located conveniently in Arlington Heights, Illinois, very close to the Rolling Meadows Illinois Courthouse.
YOUR NEIGHBORHOOD COURTHOUSE.
If you were arrested for any DUI or traffic offense in Wheeling, Mt. Prospect, Prospect Heights, Arlington Heights, Rolling Meadows, Palatine, Barrington, Schaumburg, Hoffman Estates, Elk Grove Village, Roselle, Rosemont and Elgin Illinois your case will be conveniently heard at the Third Municipal District Courthouse in Rolling Meadows Illinois.
SHOULD I JUST PLEAD GUILTY?
It is impossible to tell you the strength of the case against you without a thorough investigation. Why? Remember that it is the State of Illinois that must prove you guilty beyond a reasonable doubt. As a defendant you have the right to remain silent throughout the entire proceedings. Therefore a qualified attorney must examine the State’s case to know your chances of success. Typically your counsel will subpoena all of the records of the arresting police department including the arrest report, the test results, test procedures followed, audio tapes, video tapes, the municipal rules and regulations for arrest and many other possible items.
WHAT IS SUPERVISION?
Clients often want to know whether they qualify for supervision. Supervision means that the case is merely continued for a period of time. If during this time the defendant complies with all of the Judge's requirements, then at the end the case is dismissed. Supervision is not a "right." The two absolute requirements to qualify for supervision are (a) you must be a first offender, and (b) you must have completed an evaluation. The number one reason to seek supervision is that the results do not affect your driver’s license. Once you have had supervision, you cannot get it again, EVER. If you are caught and convicted on the second DUI offense, the conviction does go to the Secretary of State and your driver's license is revoked. Revocation is a permanent loss of driving privileges until the Secretary of State decides otherwise after a full evidentiary hearing. It is extremely difficult to obtain a restricted driving permit or reinstatement.
SUMMARY SUSPENSION OF THE ILLINOIS DRIVER’S LICENSE.
The first offender who blows .08 or more will have his or her Driver's License suspended for a period of 90 days. The first offender who refuses will have his or her Driver's License suspended for a period of 180 days. The suspension begins on the 46th day following the "notice of summary suspension." The suspension is automatic. The Secretary of State sends notice of the suspension to the address on the Driver's License.
THE FIRST OFFENDER IS ELIGIBLE TO RECEIVE A JUDICIAL DRIVING PERMIT (JDP) TO DRIVE TO WORK WHEN NO ALTERNATIVE IS AVAILABLE.
In order to obtain a JDP, you must have completed the following:
- Central States Institute Evaluation.
- A letter from your employer containing (A) the actual days of the week you work (B) the actual hours of your employment and (C) whether you drive during work. The letter must be on the employer's stationary and signed by a supervisor.
- The motion for the JDP must be submitted to the judge. If granted, the order is sent to the Secretary of State who mails the actual driving permit to the address on the license.
You cannot drive during the Summary Suspension without the actual license in your possession and you cannot drive outside the time and boundaries of the license.
WARNING. The sentence for being convicted of driving outside the JDP or while your license is suspended or revoked by reason of DUI is a mandatory minimum ten (10) days in jail or thirty days (30) of community service.
WHAT ARE THE PENALTIES FOR DUI?
I will not attempt to list all of the potential penalties for DUI and the related offenses. There is a web side by Drunken Driving Lawyers of Illinois, Ltd that has an excellent list. You can find it by going to http://www.duidefense-law.com/DUIPenalties.jsp.
WHAT SHOULD I DO IF I AM PULLED OVER?
Never be disrespectful to a police officer. His is only doing his job. However you respectfulness does not require that you give up your Constitutional rights to remain silent. Police officers are very well trained to “get you to talk” or “make admissible admissions against your interest.” They may lawfully use all of their skills to obtain evidence against you.
Many attorneys advise refusing the breathalyzer test. You have a right to refuse it, however the summary suspension of you license will be much greater.
It does not make any sense to comply with every request of the officer i.e. talk, talk, talk, do the visual tests (finger to nose, walk and turn, one leg stand, etc) AND THEN refuse the breathalyzer. If you felt that confident in your innocence, by doing all that talking, why not then do the one test that might prove your innocence.
