Illinois DUI and DWI Legal Questions

  The Illinois Secretary of State has a process for drivers who wish to have their licenses reinstated. The agency keeps detailed records and possesses all reports from when drivers are arrested and from any prior hearings. SOS considers having a driver's license a privilege, not a right.   The process is sufficiently complex that it is best to hire an attorney who can obtain necessary documentation, have you undergo required evaluations and prepare and assist in a hearing. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com... Read Answer

Depends on how much alcohol you had to drink.  If you had enough to drink you were DUI, then you were DUI.  If you did not have enough to drink, you were not DUI.   Whether you were the passenger, not attempting to drive the vehicle, turning the engine on, or taking a nap, none of that matters.  The key question is whether you had "physical control" over the vehicle.  Caselaw has said even if the car is not on, it is a DUI. If you are asleep in the back seat with keys in your hand, it is a DUI. In otherwords, DUI does not require you to actually drive the vehicle. Source: 625 ILCS 5/11-501.    ... Read Answer

If you have the keys in your possession you are under control of a motor vehicle but the car must be in close proximity to you. I argued the Supreme Court case of search of autos and the court adopted my brief and made the law. An officer must have probable cause to search a car. The exception is when the arrest and do an inventory search. A war ratless search with the excuse of protecting your property. Each case is different depends on the facts... Read Answer

The answer is it depends.  Most experienced lawyers are probably thinking of a case called People v. Martin.    The general rule is no impairment must be shown.  However, what must be shown is something called "proximate causation".  In other words, your driving should have done something to cause the accident.  In Martin, the trucker missed a curve and therefore caused the deaths.  I think there's a distinguishing factor if you were just sitting there 100% within the law, and someone rams you causing their own death.  That's a pretty high end question though, that will turn on the facts of the case.          ... Read Answer

My best guess is you have a warrant for you in Iowa.  Since you now live in Illinois, their warrant is probably limited to local jurisdictions.  Also, because you failed to appear, your DUI may still be pending in Iowa.  If that DUI is resolved with a guilty DUI finding, they will probably enter a revocation in Illinois.    ... Read Answer

  Please contact an attorney as soon as possible. You have two issues. First, you are charged with a criminal offense. Second, there are driver's license ramifications. There are strategies to deal with both issues.    This posting is for informational purposes only and does not constitute legal advice nor establish an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 2700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

The DUI case is not going to go away, you need to take action to get it taken care of. A skilled DUI defense attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need, & a quote to represent you. Schedule a consultation ASAP. Once the matter has been resolved to your satisfaction, you'll be glad you paid the money to hire an experienced attorney & properly protect your legal rights.... Read Answer

Under Illinois law, even a little amount of THC equates to DUI.  The law prohibits driving while any THC is in the blood stream, period.  Therefore, had he complied with the law, he would not have been driving, and therefore would not have resulted in the death of the college girl.  Champaign County has traditionally been harder on DUI Defendants.  However, the THC coming back positive almost automatically implies a DUI causing death. Judges are elected officials.  All it takes is one Defendant running away or causing another death for them to lose their job.  It has happened to many Judges at least once during their careers.  That's why many of them are reluctant to set low bonds.      ... Read Answer

Probably 625 ILCS 5/11-501(d)(1)(H)        (H) the person committed the violation while he          or she did not possess a driver's license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit; ... Read Answer

   This is a question that should be posed to an experienced criminal defense attorney who will be able to help advise you after reviewing the evidence. For various legal ramifications for both your criminal case as well as for your driving abilities, it is important that you retain someone immediately.    This posting is for informational purposes only and should not be considered legal advice nor the establishment of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com https://www.facebook.com/pages/Lori-G-Levin-Attorney-at-Law/210343479896 @LoriLevin (twitter)   ... Read Answer

You could still be charged with DUI, under the circumstances you describe. But a skilled DUI defense attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need, plus a quote to represent you. Schedule a consultation ASAP. Once the matter has been resolved to your satisfaction (hopefully), you'll be glad you paid the money to hire an experienced attorney & properly protect your legal rights.... Read Answer

A skilled DUI defense attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need, & a quote to represent you. Schedule a consultation ASAP. Once the matter has been resolved to your satisfaction (hopefully), you'll be glad you paid the money to hire an experienced attorney & properly protect your legal rights.... Read Answer

This is an extremely rare occurrance.  Just about the only attorney I know who I've heard of being able to do this is named Ted Harvatin in Springfield, Illinois.  I don't think you would be eligible for his magic if your last DUI was in 2011 though.  Usually it is for people who have several DUI's in the 80's or 90's, and it has been many years since their last DUI.... Read Answer

The issue is whether you gave the minor possession of an alcoholic beverage.   Possession is a somewhat tricky legal description.  The fact that the bottle was closed is not material to the charge.  The fact that the minor had it in his possession for only a few seconds may be material, but does not appear to be that strong because it sounds like the minor and only the minor had possession of the bottle of alcohol.  This may be a case you have to take to trial to get your point across.    ... Read Answer