DUI Dismissed on December 30, 2016.
The State of Illinois recently dismissed a DUI (625 ILCS 5/11-501) against my client. My client’s case was not dismissed based on a legal technicality, but based on his perseverance and our desire to seek justice.
When a person is charged with a DUI in the City of Chicago he or she faces civil and criminal penalties. First, an officer will seize and impound a vehicle if they suspect the person was driving while intoxicated. The statutory minimum fine is $2,000 plus towing and storage fees. The owner can challenge the seizure and impoundment of the vehicle by requesting both a preliminary and full hearing before an Administrative Judge.
Second, an officer who has reasonable grounds that a person is driving under the influence alcohol may request a person to submit to a breath test. If the person refuses to submit to the breath test, then the person will suffer a one (1) year Statutory Summary Suspension. The driver can challenge the suspension by filing a Petition to Rescind the Statutory Summary Suspension (SSS) and make several legal and factual challenges to the license suspension.
Third, an officer who has probable cause that a person is driving under the influence of alcohol may arrest a person for violation 625 ILCS 5/11-501 entitled Driving Under the Influence of Alcohol. This is criminal charge which carries a fine of up to $2,500 and up to 364 days in jail. Moreover, the Illinois General Assembly requires a drug evaluation, a Victim Impact Panel, and drug/alcohol treatment, if a person pleads guilty or is convicted.
Therefore, when a person is charged with a DUI in the City of Chicago it can be extremely overwhelming and difficult to comprehend. In my client’s case, he was charged with a DUI after falling asleep inside of his car with a friend in July 2016. My client and his friend were waiting for friend outside of a party. The arresting officers approached the legally parked vehicle and simply yanked my client out of the car. The arresting officers did not ask him to perform field sobriety tests and he refused to submit to breath test. My client spent the night in jail, his car was impounded, and he was charged with DUI.
Over the next six (6) months, we fought the case. First, we challenged and won the Administrative Hearing. My client did not suffer a $2,000 fine. Second, we filed a Petition to Rescind the Statutory Summary Suspension and won. My client got his driver’s license back. Third, we demanded trial and, ultimately, the case was dismissed.
Every DUI case needs to be determined on it’s own unique and often peculiar set of facts. Get your DUI Dismissed! If you or a loved one is charged with a DUI and would like a free consultation please contact Richard at 630-917-2051 or email him at [email protected]