Friday, August 26, 2011

Chicago DUI Attorney Comments on Social Media Warnings of Road Side Safety Checks

This Chicago DUI attorney continues to see the usefulness of Social Media. She’s posted about road side safety checks here and here.  Still she admits to being a tad surprised by this Facebook Status Update:

Good afternoon fb be careful on the streets this weekend road side safety checks throughout Chicago!!!! If u live on the west side they're having a check on the 4500 block of Madison tonite so where your seat belts and be careful!!!!!
 Here’s the funny thing about the update, it’s not from law enforcement or a defense attorney, and it’s a concerned citizen.    Oh, and yes here’s a link to confirm what this individual wrote.

Let’s be safe out there!

Monday, August 15, 2011

Chicago DUI Attorney Comments on the Courts Protecting the Driving Privileges of the DUI Accused

This Chicago DUI attorney has posted here, here, and here about Statutory Summary Suspensions.  That’s the suspension that is triggered simply for being charged with a DUI.  It doesn’t matter if you are guilty of a DUI or not.

Now the 2nd District has clarified when the accused has a right to file the Petition to Rescind Summary Suspension

At issue in this appeal is whether the 30 days in which a defendant is entitled to a hearing on a petition to rescind the statutory summary suspension of his driving privileges begins to run before the Secretary of State has confirmed the suspension.  The trial court found that it does.  For the reasons that follow, we affirm.
Section 2—118.1(b) of the Code is unambiguous.  Id. at 388.  It provides that a defendant
“shall” be given a hearing on his petition to rescind within 30 days after the petition is received.  The word “shall” conveys that the legislature intended to impose a mandatory obligation.  Id. at 382.  That obligation is fulfilled when the defendant has a hearing on his petition to rescind within 30 days after it is filed in the circuit court, with service on the State.  See Bywater, 223 Ill. 2d at 486.  Here, defendant was not given a hearing by June 3, 2010, which was 30 days after he filed his petition.  Thus, the statutory summary suspension of defendant’s driving privileges must be rescinded.  See People v. Schaefer, 154 Ill. 2d 250, 262 (1993).

If you’ve been charged with a DUI you need to get to a knowledgeable lawyer immediately, so that all of your rights can be protected.

Monday, August 8, 2011

Chicago DUI Attorney Answers the Question: Can you help me get this off my record?

 Yes.  But only if you win at trial or the Government is willing to dismiss the charges against you.  I frequently get a bewildered look from folks charged with a DUI or Driving with Suspended/Revoked License when I answer their question.

Yes.  I understand that you knew a guy who got caught with ______________  (Fill in the Blank)                                                                    
and the charges were thrown out or dismissed but in Illinois, a DUI charge or Driving with a Suspended/Revoked License is different.

These offenses, even if you have never been charged with anything before in your entire life, are not expugnable or sealable.  They remain a part of your criminal background.  They don’t fall off after you have successfully completed treatment, paid your court fees and fines, or done your volunteer work or SWAP.

Given that reality, the most important thing you can do is avoid being charged with these offenses in the first place.  I know, you don’t live your life thinking about avoiding criminal charges for driving but perhaps you should.  If you’ve already been charged then you need to quickly get to a knowledgeable defense attorney who can provide you with the information you need to make the best decision.