Archive for the ‘defense’ tag
July 26th, 2013 at 10:56 am
This post is not a lesson on how to get away with a DUI. Drinking and driving is dangerous and unnecessary. The cost of hiring a cab is much smaller than the cost of dealing with a DUI or the danger of getting in an accident. An effective method to avoid having to drive while intoxicated is to have a ‘getting home’ plan before going out; whether by walking, cab, public transportation or a designated driver.
Alas, drivers still find themselves in a tight spot when a police officer pulls them over after a night of drinking. In those cases, drivers should keep the following in mind.
- Be courteous. Remember, police officers deal with all sorts of people throughout their shift and their patience starts to wear thin.
- If a police officer asks you to get out of your vehicle, you should comply.
- However, do not volunteer any information, no matter how innocent it may sound. Being polite does not mean that you have to do the officer’s job for them.
- More importantly, do not admit to having any beverages or other intoxicating substances. The most common answer a driver who has been drinking gives when asked whether they have been drinking, is that they have only had two drinks; a strong indicator that the real number is north of two.
It is important that drivers provide as little damaging evidence as possible. Police officers work for the State. They gather evidence that state attorneys use to prosecute alleged DUI offenders. Police officers do not have your interest in mind. Another important thing to remember is that a breathalyzer may not be necessary if the police officer has sufficient evidence from other sources, including a field sobriety test, that show one is intoxicated. Most police cars now have cameras on their dashboards and the officers may be wired with microphones, thus catching behavior that may indicate drunkenness.
Drivers are the victims of police overreaching all the time. If you are facing a DUI charge, an experienced Illinois DUI attorney may help.
April 26th, 2013 at 2:05 pm
According to the Secretary of State DUI Handbook, there is a process that is followed when you are arrested for driving under the influence of drugs or alcohol in the state of Illinois.
Hiring an experienced and aggressive Illinois DUI attorney can make all the difference in your drunk driving case. The first court date may be several months out from the actual event. During which time your memory of the arrest event and that of any witnesses and/or the arresting officer will have become faded. Therefore, talking to an attorney immediately can be instrumental to your case. This includes researching the investigations and recording of the details, like weather conditions and traffic conditions, and is extremely important to your case.
Up to this point, you will have no idea of the exact charges being brought up against you. You will first learn about this on your arraignment date in court. Even if you have hired an attorney by this point (which you should have done), it is still mandatory for you to appear in court in person on the first court date. During this first hearing, you will find out what you are being charged with and discuss the best options for your specific case with your attorney.
Although your DUI attorney will be representing you in court, you are the only one who can make the decision on any plea deals offered to you by the prosecution. Your lawyer can relay courtroom information, collect state’s evidence, such as video, statements and police records, etc, but they cannot act for you.
There is no law stating you must take any plea, and you have the right to refuse, especially if you know you are not guilty. This means letting your DUI attorney know you want a trial and dealing with many more court dates in order to clear your name. There are several circumstances that may affect the offer that the state gives you and the possible punishment that you may be facing.
This is not the type of case that you want to tackle alone without the proper representation. Contact our DuPage County DUI attorneys today!
March 22nd, 2013 at 2:20 pm
A former West Chicago man was sentenced to 10 years in prison on February 28 for driving under the influence the 11th time, according to a recent article in the Chicago Tribune. Michael J. Picon, 42, had pleaded guilty earlier this year to one count of aggravated DUI and a count of aggravated driving with a revoked license.
Picon’s latest DUI charge happened in Kane County in 2012. A Kane County Forest Preserve officer noticed Picon pull his pickup truck to the side of the road. The officer smelled alcohol in Picon’s breath and found an open can of beer in the truck next to 11 unopened cans. Picon told the officer that he had been drinking alcohol at his friend’s home before the officer stopped him. Picon also failed a field sobriety test, according to police.
Picon’s numerous DUI sentences made him eligible for Class X sentencing, meaning he faced at least a six-year prison term and could have been sent to prison for 30 years. Judge John Barsanti sentenced the repeat offender to 10 years in prison. Picon also has to serve a concurrent five-year sentence for the revoked license violations. Picon has been arrested 25 times for driving with a revoked or suspended license in DuPage, Kane, and Rock Island counties.
Facing a DUI charge is always difficult and challenging, especially when you have a previous DUI charge on your record. If you have been caught driving under the influence, the help of a dedicated DUI lawyer will be invaluable to you in fighting your charge. Contact a knowledgeable Illinois DUI attorney at once.