Chicago DUI Lawyers
- Leeders & Associates:
Can the state prove their case beyond a reasonable doubt? The State
must prove that you were the driver operating the vehicle or in actual
physical possession of the vehicle.
The State must prove that you were legally intoxicated while the driver
or in actual physical possession of the vehicle. If your blood alcohol
content (BAC) is .08 percent or greater, or if you are using any other
intoxicating drugs then you are said to be legally intoxicated.
Breathalyzers, blood tests, field sobriety tests can all be challenged
for accuracy. However, the refusal to take any breathalyzer,
blood test or field sobriety test may result in automatic suspension of
your license. The State must prove beyond a reasonable doubt that you
were the driver or in actual physical control of a motor vehicle, in
Illinois, while you were legally intoxicated. If there is a reasonable
doubt on these issues then you must be found not guilty.
- Michael J. Petro:
Significant areas of legal expertise ´ Federal Charges Internet
Offenses, Drug Cases, Conspiracy, RICO, Health Care Fraud, Bank Fraud,
Bank Robbery, Mail/Wire Fraud, Tax Offenses, Theft, Embezzlement, Money
Laundering, All White Collar Crimes. ´ State Charges Murder, Reckless
Homicide, Drug Offenses, Robbery, Assault and Battery, Sex Charges,
Drug Possession, Gun Possession, Theft, Forgery, Domestic Violence,
Misdemeanors, DUI/DWI, Solicitation, Prostitution. ´ Appeals Appeals
and Post Conviction Cases in all U.S. Federal and Illinois State
Courts. ´ Investigations
- Ralph Meczyk: When
you are being accused of a crime you need a criminal defense lawyer who
is driven by the desire to protect and defend people.
- Michael O'Mera:
Illinois law makes it a crime for a driver to operate a vehicle while
impaired by the effects of alcohol or drugs. If your blood alcohol is
above .08 then you are driving under the influence of alcohol. If you
are under 21 and are driving with any alcohol in your system, it is
possible for you to be charged with an Illinois DUI. Additionally, a
failure to take breathalyzer test can result in suspension of your
driving privileges through the Secretary of State's office. Penalties
for being convicted of driving under the influence in Illinois include
fines, alcohol classes, community service, forfeiture of your vehicle
and possibly prison. A sentence is based upon your prior record,
whether there were injuries to others, level of intoxication and other
factors.
- Leeders & Associates:
When you have been arrested for DUI / Drunk Driving in Illinois, you
need to be able to depend on your DUI Defense attorney. Being charged
with DUI in Illinois subjects you to stiff fines and penalties,
including license suspension and even jail. It is imperative that you
seek the immediate help of a knowledgeable and experienced Chicago DUI
lawyer to help avoid these stiff fines and penalties.
- Laurence Bolon: In the last twenty years, the penalties for
drunk driving have become far more severe than they were in the past.
First-time offenders face potential jail time and fines, although often
the penalty for a first-time offense will be something less than jail
time in exchange for a guilty plea. Repeat offenders are usually
treated more harshly, with substantial fines and mandatory jail
sentences that may not be suspended or waived by the court. State
administrative regulations often call for suspension or revocation of a
defendant's driver's license in addition to any criminal penalty.
Defendants have sometimes tried to make the argument that this
administrative suspension is double jeopardy prohibited by the U.S.
Constitution, but these arguments have never succeeded.
- Matthew McQuaid:
IF YOU HAVE BEEN CHARGED WITH A CRIME,
YOU NEED A LAWYER TO PROTECT YOUR RIGHTS!
Hiring a competent attorney will give you the best outcome of your case.
- Christian Collin:
If you have been charged with driving under the influence, you need competent legal counsel on your side.
- Benjamin Harrison: Parole and probation are both
supervisory-type mechanisms employed in the punishment phase of the
criminal justice process. Parole comes into play after a person has
been imprisoned and is released. Probation, by contrast, refers to a
criminal sentence separate and distinct from incarceration. Probation
is the most frequent sentence imposed and typically involves releasing
the convicted offender into the community subject to a list of terms
and conditions. The actual terms can vary widely, based on the
underlying crime, the characteristics of the offender, and the
resources of the probation system. All probations are subject to a
requirement that the offender refrain from committing further crimes.
- David Daudell:
If you have been charged with a crime, it is important to speak with an experienced criminal defense lawyer as soon as possible.
- Frank Tedesso:
Pursuant to Federal Rule of Criminal Procedure (FRCP) 11, prosecutors
may promise to move to dismiss other charges or recommend that the
court authorize a specific sentence or sentencing range in order to
encourage a criminal defendant to plead guilty to a certain charge. In
addition, Rule 11 requires courts to advise a defendant considering
entering into a plea agreement that the defendant has no right to
withdraw the plea if the court does not follow the prosecutor's request
or recommendation.
In fact, failure to warn a defendant that there is no right to withdraw
a plea if the court rejects the prosecutor's request or recommendation
may entitle a defendant who is subsequently convicted to obtain relief
based on a Rule 11 failing.
- Todd Urban:
Almost all states increase a charge for driving while under the
influence of alcohol or drugs (DUI) from a misdemeanor to a felony when
a driver has had a certain number of prior DUI convictions.
Accordingly, prosecutors in DUI cases will often search for prior DUI
convictions to enhance a new charge. However, the admissibility of a
prior conviction in court can depend on when and where the prior
conviction occurred.
- Scott Levy: The
U.S. Constitution grants an accused the right to "a speedy and public
trial, before an impartial jury" in "all criminal prosecutions." The
alternative to a jury trial is a "bench" trial; i.e., a trial by a
judge. In a jury trial, the jury determines facts and applies legal
principles to reach a verdict. In a bench trial, however, the judge
decides virtually everything.
- Richardson, Stasko, Boyd & Mack:
Driving Under the Influence "DUI" is defined as operating a motor
vehicle while under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any combination thereof. In
Illinois, the driver of a motor vehicle is legally considered to be
under the influence if (1) the alcohol concentration in the person's
blood or breath is .08 or more, (2) under the influence of alcohol, (3)
under the influence of any intoxicating compound or drug to a degree
that renders the person incapable of driving safely, (4) under the
combined influence of alcohol, drugs, or intoxicating compounds that
renders the person incapable of driving safely, and (5) there is any
amount of a drug, substance, or compound in the person's breath, blood,
or urine resulting from the unlawful use or consumption of cannabis
listed in the Cannabis Control Act, a controlled substance listed in
the Illinois Controlled Substances Act, or an intoxicating compound
listed in the Use of Intoxicating Compounds Act.
- Steve Greenberg:
Despitestate legislation thatallows marijuana use for medical
purposes,the federal government has not yet enacted legislation in
confirming the legality of such laws. Under federal law, penalties for
possession of marijuana can be up to three years in jail and a $5,000
fine.However, at least one federal court has ruled otherwise,
indicatingan exception to marijuana use for medicinal purposes.
- Richard Kling:
In a criminal case, a government agency seeks to punish you or entities
for behavior that the state or country has declared unlawful.
Prosecutors decide whether to file charges against a defendant
Convictions may result in fine, jail, or both The burden of proof is
"beyond a reasonable doubt" Usually the government will pay for your
attorney if you can't afford one Criminal defendants are almost always
entitled to a jury trial
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