Almost all DUI enforcement contacts trigger a mandatory drivers’ license suspension, either because the defendant refused to provide a chemical specimen or the defendant’s BAC exceeded the legal limit. License suspension hearings are not easy to win because the deck is stacked against the defendant and the issues are quite narrow. Nevertheless, aggressive representation at this hearing is often critical to a successful outcome in court. The only way to avoid automatic suspension is if the officer reverses course and...

A judge claimed that a defense attorney’s motion to suppress evidence was based on “

Regardless of the specific claims or defenses, Illinois judges nearly always grant emergency protective orders, largely because they only hear one side of the story. Therefore, the issue for alleged abusers is not so much what defenses to present but rather how to deal with the fallout from an EOP. In most cases, violating a protective order is a Class A misdemeanor, which means a maximum one year in jail and $2,500 fine. A person violates a protective order if...

In many ways, a second DUI is the first “mandatory” DUI because, unlike a first infraction, a second DUI is not eligible for court supervision. Therefore, unless an attorney can arrange a plea to reckless driving or secure a not-guilty verdict at trial, a second DUI will likely result in all the consequences of a conviction, including mandatory license revocation. The best way to approach a second DUI, or almost any other criminal case, is to evaluate any factual and...

Probably due to the proliferation of powerful opioid pain relievers, and the corresponding increased strength of many over-the-counter pain relievers, many law enforcement agencies now prosecute more DUI drug cases than in previous years, and in some cases, the number of cases may even eclipse the number of DUI alcohol cases. In one way, this crackdown may be misplaced because drivers under the influence of alcohol are about nine times more likely to cause a fatal crash than drivers under...

Republicans and Democrats have agreed on a measure that would increase the minimum sentence for some gun crimes while relaxing some drug crimes laws, so as to not overly inflate the prison population. Most of the 35 senators who voted in favor of the measure cited the spike in Chicago gun crimes as their motivation. A previous version of this bill stalled because of the variety of attitudes about gun crimes, depending on a person’s regional background and political affiliation....

Domestic violence protective orders are meant to be shields and not swords. In other words, the judge should grant a protective order to prevent domestic abuse, whether it is physical, mental, emotional, or otherwise. However, the judge should not grant a protective order just to punish the alleged abuser. While the vast majority of protective orders are granted, as they should be, there are some safeguards in place to ensure that the order is narrowly tailored to protect alleged victims...

Although the dreaded no-lookback provision does not come into play in first DUI cases, the

Since most any theft conviction is a near-automatic disqualifier for many jobs, the top priority in most retail theft cases is to keep these charges off the defendant’s permanent record. There are basically two approaches, and fortunately, both of them have a rather high probability of success. After the underlying case is resolved, expunction options should probably be explored, as well, if this remedy is available, in order to permanently remove the conviction as well as the accusation. Plea Bargain...

An aggressive St. Patrick’s Day weekend of anti-DUI enforcement, which included multiple police roadblocks throughout Chicagoland, ended with lots of people wearing jailhouse orange instead of Irish green. Now, as the calendar inches closer to May, police are no doubt planning another slew of checkpoints for Memorial Day Weekend. DUI roadblocks are a staple in Illinois. MADD, one of the most aggressive anti-DUI advocacy groups in the Midwest, believes that roadside checkpoints are one of the best ways to reduce...

Police arrested several aspiring actors and filmmakers after an extremely questionable search and seizure in Harvey. The video involved in the case includes footage of a 24-year-old man brandishing what appears to be a handgun while he is awaiting trial on another charge. During the

A pair of recent United States Supreme Court cases expanded police powers during an initial DUI stop, and since legal fights at this stage were already hard to win, it might seem that challenging the state’s evidence immediately before and after the stop is now a waste of time. However, as outlined below, this is not necessarily the case. The relevant legal doctrine is called the fruit of the poisonous tree. In this instant, the “tree” is the stop and...

In a previous post, we discussed successful strategies that can counter the state’s evidence with regard to intoxication, whether this evidence is direct or circumstantial. There are some other possible defenses, as well, and aggressive representation in these areas is often the difference between an undesirable result of a DUI charge and one that is far more palatable. In the everyday sense, “driving” is easy to define. In this context, most people, and most jurors, assume that the term means...

Four Lake County area men, several of whom may have only been peripheral participants in a drug transaction, now face homicide charges. The men face up to 30 years in prison each after authorities accused them of providing heroin laced with fentanyl to a Sugar Grove woman who was found dead in her home from an apparent overdose. Shortly after her body was found, investigators focused on the men as possible drug suppliers in the area. According to phone records,...

There is a world of difference between a license suspension and a conviction revocation. The state temporarily suspends drivers’ licenses based on DUI arrests; at the end of the suspension period, the defendants get their licenses back if they pay a reinstatement fee and meet some other nominal requirements. After a DUI conviction, the state permanently revokes the operator’s driver’s license, and the operator can only apply for reinstatement once the minimum revocation period has expired. In addition to completing...