Chicago DUI lawyer comments on her recent jury trial victory- not guilty!

This Chicago DUI lawyer has posted here, here, and here about sleeping in a car and getting charged with a DUI. Last week, the jury sent a loud and clear message that sleeping in a car is not a DUI.

From Twitter:

14 Citizens took time off from work,heard the facts,listened to the evidence, and deliberated to a Verdict! Not Guilty!Thank you!
4:12 PM Feb 18th via web


chicagoduilaw
Ava George Stewart

I know, of course you know the difference between a DUI and someone sleeping in a car. You probably even know it's not illegal to sleep in your car. What you didn't know is that you can be charged with a DUI, even if you aren't driving.

In Illinois, you can be charged with Driving Under the Influence of Alcohol for driving or being in actual physical control. We all know what driving is, but what on earth is physical control?

1) Sitting in the car (it doesn't matter if the car is on or not)

2) Sleeping in the car (again it doesn't matter if the car is on or not)

3) Walking towards the car with car keys in your hand

4) Walking away from the car with a basket of freshly folded laundry

5) Moving the car at the direction of the police

All of the above can get you charged with driving under the influence of alcohol. Did you notice that only one of the above examples included actually driving? Even in the driving example there's no suggestion as to how the individual was driving.