If you are the age of 21 and have been arrested for DUI in Knox County Illinois, Attorney Howard Thomas is the attorney you must retain. Attorney Thomas is familiar with the Illinois "zero tolerance." Zero Tolerance can have two separate meanings, depending upon your age.
For many individuals under 21 years of age arrested for DUI or DWI the zero tolerance law that may affect them first is the suspension of their drivers' licenses for having "Any" amount of alcohol in their system while operating a motor vehicle. In some states, including Illinois, the Zero Tolerance suspension cannot be added on to the statutory summary suspension that comes with any DUI or DWI. As a result, the arrested under 21 year old individual usually never sees the zero tolerance suspension applied during a DUI or DWI case. However, if you are in this category, it is vital that you contact an experienced local DUI attorney to advise you of your rights and license privileges. Most initial consultations are at no cost to the client.
For the rest of individuals charged with DUI or DWI, "zero tolerance" has a whole different meaning. In summary suspension terms, "zero tolerance" period is usually the first thirty days of a driver's license suspension in which no judge can give you permission to drive, even with a permit or a breath interlock ignition device (BAIID).
Most statutory summary suspensions cannot begin until a period of time has elapsed. In Illinois, for instance, the suspension does not begin until the 46th day after the arrest. Then the 30 days of "zero tolerance" begins. With a skilled and experienced local DUI attorney, it is possible to avoid the complications and consequences of the zero tolerance period. The sooner you find a competent local DUI attorney the sooner your counsel can work to rescind, or throw out, your suspension based upon Constitutional grounds.
It is important to retain a local DUI attorney who is highly experienced in Illinois DUI law. In addition, your attorney must be familiar with the county in which you are charged. Your local Knox County DUI Attorney may be able to challenge various portions of summary suspension. In addition to challenging the suspension, your Knox County DUI Attorney may able to have the criminal case dismissed or reduced from a DUI. You can contact Attorney Thomas at Knox County DUI Attorney. For other legal issues, contact your Local Attorney.
Wednesday, September 22, 2010
Illinois Christian County DUI Attorneys are here to Protect your rights
Police have sometimes been known to pull people over for driving too slow, or driving well below the posted speed limit, and subsequently gaining enough information to charge that driver with Driving Under the Influence of Alcohol (DUI) or Driving While Intoxicated (DWI).
Many people would think that driving slow and cautiously would be a good thing, but this was not the case in the People v. Rotkvich, 195 Ill.Dec. 424, 628 N.E. 2d 888 (1 Dist. 1993). In Mr. Rotkvich’s case, his cautious and slow driving led to a DUI arrest. The police officer in that case could not point to any specific violation of the traffic laws so decided to pull the driver over for driving too slow. After the stop, the officer gathered enough evidence to make an arrest.
Thankfully for the driver, the Appellate Court found that slow driving by itself is not illegal, especially in the absence of a posted speed limit. The court found that the officer’s decision to make the stop of the driver’s vehicle was without proper or “probable” cause. The driver was not impeding traffic and there was not a minimum posted speed limit. The officer could not point to any statute in the law books or the vehicle code that demonstrated the driver was breaking the law.
The DUI was dismissed before it ever got to a jury trial because of protections afforded by the Constitution.
If you or someone you know gets charged with a DUI or a DWI, the first question that should be asked by a good and competent attorney is did the officer have “probable cause”, or a good reason, to make the stop in the first place. A serious charge like DUI or DWI must begin with a proper stop, and, sometimes as we’ve seen in Mr. Rotkvich’s situation, police officers don’t always have valid reasons. For further information, please visit your Christian County DUI Attorney or your Local DUI Attorney.
Many people would think that driving slow and cautiously would be a good thing, but this was not the case in the People v. Rotkvich, 195 Ill.Dec. 424, 628 N.E. 2d 888 (1 Dist. 1993). In Mr. Rotkvich’s case, his cautious and slow driving led to a DUI arrest. The police officer in that case could not point to any specific violation of the traffic laws so decided to pull the driver over for driving too slow. After the stop, the officer gathered enough evidence to make an arrest.
Thankfully for the driver, the Appellate Court found that slow driving by itself is not illegal, especially in the absence of a posted speed limit. The court found that the officer’s decision to make the stop of the driver’s vehicle was without proper or “probable” cause. The driver was not impeding traffic and there was not a minimum posted speed limit. The officer could not point to any statute in the law books or the vehicle code that demonstrated the driver was breaking the law.
The DUI was dismissed before it ever got to a jury trial because of protections afforded by the Constitution.
If you or someone you know gets charged with a DUI or a DWI, the first question that should be asked by a good and competent attorney is did the officer have “probable cause”, or a good reason, to make the stop in the first place. A serious charge like DUI or DWI must begin with a proper stop, and, sometimes as we’ve seen in Mr. Rotkvich’s situation, police officers don’t always have valid reasons. For further information, please visit your Christian County DUI Attorney or your Local DUI Attorney.
Sangamon County DUI Attorney and DUI Attorney Monroe McWard
The need for an experienced DUI Attorney in Sangamon County is crucial. Attorney Monroe McWard has the experience and ability to protect your rights. In Illinois, Statutory summary suspensions were laws aimed at punishing drivers when they are charged with DUI. If a person refuses to submit chemical testing, ie breathalyzer test, blood test, or urine test, or submits to a test which indicates a blood alcohol level in excess of .08, the person’s license will be suspended on the 46th day from the date of the arrest. The length of suspension will be as follows:
1) 6 months for first offenders who submit to the testing;
2) 12 months for first offenders who refuse to submit to the testing;
3) 12 months for a BAC greater than.08 who is not a first offender;
4) 3 years for those who refuse chemical testing who are not first offenders.
A person is eligible for a driving permit if they are considered a first offender. The person must apply with the court and have a Breath Alcohol Interlock Ignition Device (BAIID) installed on their vehicles.
The costs vary but can be as low as $1000 for a 6 month suspension to $2000 for a 12 month suspension.
A person has the right to contest the summary suspension, but it must be filed within 90 days of the service of the notice summary suspension. The burden of proof at the hearing is on the motorist. The motorist has the right to a timely hearing, either within 30 days or the first court date. There are numerous grounds to have a summary suspension rescinded.
1) Motorist was not properly placed under arrest for a DUI;
2) No probable cause to for the DUI arrest;
3) Motorist not properly warned;
4) Motorist did not refuse to submit to the test;
5) Motorist was not driving or in actual physical control of a motor vehicle.
It is important to retain an attorney who is highly experienced in DUI law. Your DUI attorney may be able to challenge various portions of summary suspension. In addition to challenging the suspension, your attorney may able to have the criminal case dismissed or reduced from a DUI. For further information, please visit your Sangamon County DUI Attorney or your Local DUI Attorney.
1) 6 months for first offenders who submit to the testing;
2) 12 months for first offenders who refuse to submit to the testing;
3) 12 months for a BAC greater than.08 who is not a first offender;
4) 3 years for those who refuse chemical testing who are not first offenders.
A person is eligible for a driving permit if they are considered a first offender. The person must apply with the court and have a Breath Alcohol Interlock Ignition Device (BAIID) installed on their vehicles.
The costs vary but can be as low as $1000 for a 6 month suspension to $2000 for a 12 month suspension.
A person has the right to contest the summary suspension, but it must be filed within 90 days of the service of the notice summary suspension. The burden of proof at the hearing is on the motorist. The motorist has the right to a timely hearing, either within 30 days or the first court date. There are numerous grounds to have a summary suspension rescinded.
1) Motorist was not properly placed under arrest for a DUI;
2) No probable cause to for the DUI arrest;
3) Motorist not properly warned;
4) Motorist did not refuse to submit to the test;
5) Motorist was not driving or in actual physical control of a motor vehicle.
It is important to retain an attorney who is highly experienced in DUI law. Your DUI attorney may be able to challenge various portions of summary suspension. In addition to challenging the suspension, your attorney may able to have the criminal case dismissed or reduced from a DUI. For further information, please visit your Sangamon County DUI Attorney or your Local DUI Attorney.
David Franks is your McHenry County DUI Attorney
If you need to retain a DUI attorney in McHenry County, Illinois, it is vital that you obtain a Local Attorney who is familiar with the McHenry County process in DUI court. A Local DUI Law Attorney is familiar with the issues and is prepared to inform you every step of the way.
Attorney David Franks is an owner and lead counsel to Franks & Rechenberg, P.C. Much of Attorney Franks' legal practice is dedicated to DUI Law in Illinois. Attorney Franks has earned a reputation for hard work in DUI Law in McHenry County, Illinois.
David Franks is a highly effective Criminal, Driving Under the Influence (DUI) and Traffic Defense Attorney who has practiced criminal law since being admitted to the Illinois Bar in 1989. Mr. Franks has more than twenty years of criminal prosecution and defense experience.
Mr. Franks served as an Assistant State's Attorney in both Cook County and McHenry County, Illinois. In McHenry County he served four years as a prosecutor in the Misdemeanor and Felony Divisions. He served as one of the first two designated Domestic Battery Prosecutors in McHenry County, as well as the Misdemeanor and Traffic Division Supervisor.
Put those two decades of experience and dedication to work for you!
You don't simply have the privilege to hire an attorney to help you; it is your Right to have a competent and proficient McHenry County DUI Law Attorney to be there on your side and explain the complexities of DUI Law in a manner you can understand. There are literally tens of thousands of attorneys in Illinois. Some attorneys might dabble in DUI Law handling the occasional one or two per year. Attorney Franks maintains most of his practice in this challenging aspect of the justice system.
Attorney Franks understands DUI Law and practices in McHenry County, Illinois. He will lead you through every step of the way with understanding and confidence. Throughout his career, Attorney Franks has always been willing to meet with individuals to explain DUI Law at the initial consultation. For further information, contact your McHenry County DUI Attorney or your Local DUI Attorney.
Attorney David Franks is an owner and lead counsel to Franks & Rechenberg, P.C. Much of Attorney Franks' legal practice is dedicated to DUI Law in Illinois. Attorney Franks has earned a reputation for hard work in DUI Law in McHenry County, Illinois.
David Franks is a highly effective Criminal, Driving Under the Influence (DUI) and Traffic Defense Attorney who has practiced criminal law since being admitted to the Illinois Bar in 1989. Mr. Franks has more than twenty years of criminal prosecution and defense experience.
Mr. Franks served as an Assistant State's Attorney in both Cook County and McHenry County, Illinois. In McHenry County he served four years as a prosecutor in the Misdemeanor and Felony Divisions. He served as one of the first two designated Domestic Battery Prosecutors in McHenry County, as well as the Misdemeanor and Traffic Division Supervisor.
Put those two decades of experience and dedication to work for you!
You don't simply have the privilege to hire an attorney to help you; it is your Right to have a competent and proficient McHenry County DUI Law Attorney to be there on your side and explain the complexities of DUI Law in a manner you can understand. There are literally tens of thousands of attorneys in Illinois. Some attorneys might dabble in DUI Law handling the occasional one or two per year. Attorney Franks maintains most of his practice in this challenging aspect of the justice system.
Attorney Franks understands DUI Law and practices in McHenry County, Illinois. He will lead you through every step of the way with understanding and confidence. Throughout his career, Attorney Franks has always been willing to meet with individuals to explain DUI Law at the initial consultation. For further information, contact your McHenry County DUI Attorney or your Local DUI Attorney.
Monday, September 20, 2010
Illinois Warren County DUI Attorney and your Driver's License
A statutory summary suspension provides for the automatic suspension of driving privileges of a driver arrested for DUI who fails, refuses to submit to, or fails to complete chemical testing. Failure of chemical testing means a person’s BAC was .08 or more or the test showed a trace of other drugs. Statutory summary suspensions are automatic, effective on the 46th day from the date of the suspension notice. This suspension does not replace criminal penalties for a DUI conviction. An offender may request a judicial hearing to challenge the arrest; however, the request does not stop the suspension from taking effect. If an Illinois driver refuses to submit to chemical testing in another state, his/her driving privileges will be suspended. A statutory summary suspension does not apply to a person with a BAC of less than .08. If a person has a BAC of more than .05, and additional evidence such as an open container warrants a DUI arrest, the outcome of the court case will determine if penalties apply. If a commercial driver’s license holder receives a statutory summary suspension, his/her CDL privileges will be disqualified for one. For further information, contact your Warren County DUI Attorney or your local DUI Attorney.
Tuesday, September 14, 2010
Illinois DUI Laws and the Montgomery County DUI Attorney
The State of Illinois drinking and driving laws start with the .08 percentage blood alcohol concentration (BAC) limit. All states across the country prohibit driving with a .08 percent BAC or above. If you are under the age of 21 in Illinois "Zero" tolerance are in place for alcohol and driving. Individuals who consume alcohol as part of a religious ceremony or in prescribed medicine containing alcohol are exempt. Even with the exceptions, driving with a BAC of .08 is the limit in all cases.
There isn't one calculation that works for all drivers to determine estimate the level of alcohol in your system. Variables such as body-fat percentage, age, weight, genetics and number of drinks consumed over a given time-frame all contribute to the DUI formula. Studies show that some individuals could have as much as a .05 percentage increase in their BAC for each drink consumed. Given that number, it would take very few drinks to become legally impaired in the state of Illinois. For further information, contact your Montgomery County DUI Attorney.
There isn't one calculation that works for all drivers to determine estimate the level of alcohol in your system. Variables such as body-fat percentage, age, weight, genetics and number of drinks consumed over a given time-frame all contribute to the DUI formula. Studies show that some individuals could have as much as a .05 percentage increase in their BAC for each drink consumed. Given that number, it would take very few drinks to become legally impaired in the state of Illinois. For further information, contact your Montgomery County DUI Attorney.
Sunday, September 12, 2010
Illinois Warren County DUI Attorney
Warren County, Illinois has reported to the Secretary of State’s Office 110 DUI arrests, however, there is a continuing the need for Warren County DUI Attorneys to educate and protect clients from the one-sided affair that is purely in the corner of law enforcement at the time of a DUI arrest.
In Warren County, each arrest brings the likelihood of individuals subjected to field sobriety testing and asked to give samples of their blood, urine or breath to determine alcohol levels. That gives Warren County DUI Attorneys plenty of opportunities annually to challenge the arrests and the government’s case.
If you have received a Warren County DUI arrest this year, it is important that a local Warren County DUI Attorney is hired to represent you. A local DUI Attorney understands the process locally, including; having a strong understanding of working with the Circuit Clerk’s Office, the State’s Attorney’s Office and the judges that hear the cases.
This is important because a Warren County DUI Attorney is also quite knowledgeable of the strengths and various weaknesses of local law enforcement personnel as well as those of the State’s Attorney’s Office, having knowledge of their individual personalities and attributes.
Penalties are numerous for DUI and include a $2500 fine, community service, a possible jail term of up to a year and suspension of driving privileges. A driver arrested for DUI may request a judicial hearing to challenge a statutory summary suspension within 90 days after the notice date. The hearing must be conducted within 30 days of the request or on the first court date scheduled to consider the criminal charges.
Legally, only four issues may be considered to throw out a suspension and those include: 1. Whether the person was properly arrested; 2. Whether there were reasonable grounds to believe at the time of arrest that the person was driving or in physical control of the vehicle while under the influence of alcohol or other drugs; 3. Whether the driver, after being informed of the impending summary suspension, refused to submit to chemical testing; and 4. Whether, after being advised of the suspension, the driver submitted to chemical testing that showed a BAC of .08 or more or any trace of cannabis, controlled substance, methamphetamine and/or intoxicating compounds. For information regarding other legal services, contact your Local Attorney for further information.
In Warren County, each arrest brings the likelihood of individuals subjected to field sobriety testing and asked to give samples of their blood, urine or breath to determine alcohol levels. That gives Warren County DUI Attorneys plenty of opportunities annually to challenge the arrests and the government’s case.
If you have received a Warren County DUI arrest this year, it is important that a local Warren County DUI Attorney is hired to represent you. A local DUI Attorney understands the process locally, including; having a strong understanding of working with the Circuit Clerk’s Office, the State’s Attorney’s Office and the judges that hear the cases.
This is important because a Warren County DUI Attorney is also quite knowledgeable of the strengths and various weaknesses of local law enforcement personnel as well as those of the State’s Attorney’s Office, having knowledge of their individual personalities and attributes.
Penalties are numerous for DUI and include a $2500 fine, community service, a possible jail term of up to a year and suspension of driving privileges. A driver arrested for DUI may request a judicial hearing to challenge a statutory summary suspension within 90 days after the notice date. The hearing must be conducted within 30 days of the request or on the first court date scheduled to consider the criminal charges.
Legally, only four issues may be considered to throw out a suspension and those include: 1. Whether the person was properly arrested; 2. Whether there were reasonable grounds to believe at the time of arrest that the person was driving or in physical control of the vehicle while under the influence of alcohol or other drugs; 3. Whether the driver, after being informed of the impending summary suspension, refused to submit to chemical testing; and 4. Whether, after being advised of the suspension, the driver submitted to chemical testing that showed a BAC of .08 or more or any trace of cannabis, controlled substance, methamphetamine and/or intoxicating compounds. For information regarding other legal services, contact your Local Attorney for further information.
New York Driver's Responsibility Assessment and your Rensselaer County DWI Attorney
In addition to paying any fines, fees, penalties and surcharges authorized by New York Law law, you may have to pay a "Driver Responsibility Assessment" for certain violations that occur on or after November 18, 2004, that result in a conviction or administrative finding. Your learner permit, driver license, or driving privileges will be suspended if you do not make these payments.
If you are convicted of Driving While Intoxicated (DWI), or Driving While Ability Impaired (DWAI) or Driving While Ability Impaired by Drugs, or if you are found to have refused to submit to a chemical test, you will be required to pay a driver responsibility assessment of $250 each year for the next three years for a total of $750.
If you are convicted of one or more traffic violations resulting in six points in any 18-month period, you will be required to pay $100 each year for the next three years. For each additional point accumulated during that period, you will be required to pay another $25 per point every year for three years. For information on how points are assessed, see "The Point System" in Chapter 2 of the New York State Driver's Manual. Completion of a motor vehicle accident prevention course will not reduce the calculation of points affecting the driver responsibility assessment. For further information, contact your Rensselaer County DWI Attorney.
If you are convicted of Driving While Intoxicated (DWI), or Driving While Ability Impaired (DWAI) or Driving While Ability Impaired by Drugs, or if you are found to have refused to submit to a chemical test, you will be required to pay a driver responsibility assessment of $250 each year for the next three years for a total of $750.
If you are convicted of one or more traffic violations resulting in six points in any 18-month period, you will be required to pay $100 each year for the next three years. For each additional point accumulated during that period, you will be required to pay another $25 per point every year for three years. For information on how points are assessed, see "The Point System" in Chapter 2 of the New York State Driver's Manual. Completion of a motor vehicle accident prevention course will not reduce the calculation of points affecting the driver responsibility assessment. For further information, contact your Rensselaer County DWI Attorney.
New York's Zero Tolerance Law and your Broome County DWI Attorney
New York law makes it illegal for a driver under age 21 to have consumed any alcohol. A police officer may temporarily detain you to request or administer a chemical test to determine your Blood Alcohol Content (BAC). If your BAC is .02 to .07 percent, you will be notified to appear at a DMV hearing. If the judge's finding supports the charge, the penalty is a 6-month license suspension, a $125 civil penalty, and a $100 suspension termination fee. Each additional offense will result in your license being revoked for at least one year or until age 21, whichever is longer, plus a $125 civil penalty, and a $100 license re-application fee. For Further information, contact your Broome County DWI Attorney.
Buchanan arrested for a DUI, needs a Champaign County DUI Attorney
The Illini football teams has indefinitely suspended defensive lineman Michael Buchanan after he was arrested on suspicion of a DUI over the weekend.
Champaign County State's Attorney Julia Rietz said Tuesday that Illinois State Police arrested the 19-year-old sophomore at about 2:25 Sunday morning in Champaign.
Buchanan faces a p charge of driving under the influence of alcohol and consumption of alcohol by a minor, both Class A misdemeanors. Coach Ron Zook declined to discuss further details about Buchanan's arrest or his suspension.
Buchanan played in Saturday's loss to Missouri after playing as a freshman last season. For further information, contact your Champaign County DUI Attorney.
Champaign County State's Attorney Julia Rietz said Tuesday that Illinois State Police arrested the 19-year-old sophomore at about 2:25 Sunday morning in Champaign.
Buchanan faces a p charge of driving under the influence of alcohol and consumption of alcohol by a minor, both Class A misdemeanors. Coach Ron Zook declined to discuss further details about Buchanan's arrest or his suspension.
Buchanan played in Saturday's loss to Missouri after playing as a freshman last season. For further information, contact your Champaign County DUI Attorney.
Winnebago County DUI Attorney and DUI Arrests
According to the Alliance Against Intoxicated Motorists, the Rockford Police Department had 743 DUI arrests in 2009. Rockford is in Winnebago County which is part of the Second District Appellate Court map. Cook County DUI arrests were treated differently due to the population size.
Among those arrested for DUI in Stephenson County or any other county, including the leading DUI arrest jurisdiction - Rockford, Winnebago County, Illinois - the average age of DUI Defendants is 34 and 82% of those are male. Further, the average of those are arrested between 11 p.m. and 4 a.m. and average a BAC (Breath Alcohol Content Level of .16) This all according to the Illinois Secretary of State DUI Fact Book published in 2006. For further information, contact your Winnebago County DUI Attorney.
Among those arrested for DUI in Stephenson County or any other county, including the leading DUI arrest jurisdiction - Rockford, Winnebago County, Illinois - the average age of DUI Defendants is 34 and 82% of those are male. Further, the average of those are arrested between 11 p.m. and 4 a.m. and average a BAC (Breath Alcohol Content Level of .16) This all according to the Illinois Secretary of State DUI Fact Book published in 2006. For further information, contact your Winnebago County DUI Attorney.
Saturday, September 11, 2010
Etowah County DUI Attorney and DUI Defense
If you are charged with a DUI in Alabama, there will be a criminal case and a Department of Public Safety driver’s license case following an arrest for Alabama DUI. Every Alabama DUI / DWI arrest triggers two separate cases. The civil case can result in the suspension of your driver’s license. It is imperative to consult with an Alabama DUI defense attorney. Alabama DUI law allows only 10 days for your Attorney to make a request with the Alabama Department of Public Safety for a hearing to protect your Driver’s License. For further information, contact your Etowah County DUI Attorney.
Alabama Calhoun County DUI Attorney and Physical Control
Under Alabama DUI law a person is not required to be driving the vehicle to be charged with a DUI. Alabama, like numerous other states, is a physical control state. Physical control, under Alabama DUI law, states that just being in the car is enough evidence for the police to arrest you for a DUI. Actual physical control is defined as the exclusive physical power, and present ability, to operate, move, park, or direct whatever use or nonuse is to be made of a motor vehicle at the moment, as determined by the totality of the circumstances. A person can even be asleep in a motor vehicle may be guilty of DUI. For further information, contact your Calhoun County DUI Attorney.
Friday, September 3, 2010
Illinois Henderson County DUI Attorney
Driving Under the Influence is defined as operating a motor vehicle while
impaired by alcohol, other drugs or intoxicating compounds and methamphetamine.
In Illinois, a driver is legally considered to be under the influence if he/she has a
blood-alcohol concentration (BAC) of .08 or more, has used any illegal substance,
or is impaired by medication. A driver’s BAC is based on the ratio of alcohol to
blood or breath. However, an individual with a BAC between .05 and .08 may be
convicted of DUI if additional evidence determines that the driver was impaired. In
1997, the Illinois General Assembly passed legislation to lower the illegal BAC limit
from .10 to .08. Illinois was the 15th state to impose such a change. For further information, contact your Henderson County DUI Attorney or your Local DUI Attorney.
impaired by alcohol, other drugs or intoxicating compounds and methamphetamine.
In Illinois, a driver is legally considered to be under the influence if he/she has a
blood-alcohol concentration (BAC) of .08 or more, has used any illegal substance,
or is impaired by medication. A driver’s BAC is based on the ratio of alcohol to
blood or breath. However, an individual with a BAC between .05 and .08 may be
convicted of DUI if additional evidence determines that the driver was impaired. In
1997, the Illinois General Assembly passed legislation to lower the illegal BAC limit
from .10 to .08. Illinois was the 15th state to impose such a change. For further information, contact your Henderson County DUI Attorney or your Local DUI Attorney.
Illinois Warren County DUI Attorney
In January 2009, Illinois became one of only six states to require a first-time DUI offender to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on his or her vehicle as a condition of driving relief. Since implementation of the law, the number of vehicles utilizing a BAIID has increased approximately 150 percent. This new law ensures that fewer drivers get behind the wheel after drinking. In 2008nearly 12,000 people lost their lives in the United States to Drunk Drivers. For further information, contact your local Warren County DUI Attorney or DUI Attorney.
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