QUESTION
Is there any chance that my boyfriend can beat this conviction?
Asked on Aug 01st, 2013 on DUI/DWI - Illinois
More details to this question:
My boyfriend was charged with a DUI in Illinois. He was pulled off the road and parked "sleeping it off" when he was approached by an officer and refused the breathalyzer. He failed the field tests. He was not read his Miranda rights and his keys were located on top of the car not in the car. He was in the driver's seat but did not have the keys in the car.
2 ANSWERS
Criminal Defense Attorney serving Chicago, IL
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Law Office of Andrew Gable
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He has several issues to raise at trial. Has he had a summary suspension hearing yet?
Answered on Aug 01st, 2013 at 4:26 PM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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In the driver's seat is sufficient for the 'driving' element. You will need to file a motion to suppress evidence challenging the basis of the stop.
Answered on Aug 01st, 2013 at 1:35 PM