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If you were arrested for a DUI in the cities of Arlington Heights, Barrington, Barrington Hills, Bartlett, Bensenville, Buffalo Grove, Elgin, Elk Grove Village, Hanover Park, Harper College, Harwood Heights, Hoffman Estates, Inverness, Mount Prospect, Norridge, Palatine, Prospect Heights, Rolling Meadows, Roselle, Rosemont, Schaumburg, Schiller Park, South Barrington, Streamwood, Wheeling you will be appearing in court in the Rolling Meadows Courthouse. In this blog and several to follow, we will be discussing various aspects on how to combat a DUI case in which a breath, blood or urine sample was not given.

The term used to describe a DUI with no chemical testing is "A-2". This refers to the statute that enables a person to be charged with a DUI without chemical evidence. For cases of this type, the Court will listen to evidence based on the officers observations of the defendant and their performance on the Field Sobriety Tests (FST's).

The first test officers often give a suspect during a DUI traffic stop is know as the Horizontal Gaze Nystagmus Test (HGN). Nystagmas is characterized as involuntary "jerking" of the eyes when the suspect is asked to follow or track the tip of the officers finger with his eyes only. The three main "clues" officers look for are: 1) lack of smooth pursuit, 2) distinct jerking at maximum deviation, 3) and an onset angle less than 45 degrees. If this all sounds strange to you, rest assured it sounds strange to many officers and Judges as well. Although most officers will conduct this test, it is probably the lease reliable of all the FST's and given the least weight in court.

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If you were arrested for a DUI in the cities of Deerfield, Des Plaines, Evanston, Glencoe, Glenview, Golf, Kenilworth, Lincolnwood, Morton Grove, Niles, Northbrook, Northfield, Park Ridge, Skokie, Wilmette or Winnetka you will be appearing in court in the Skokie Courthouse. In this blog and several to follow, we will be discussing various aspects on how to combat a DUI case in which a breath, blood or urine sample was not given.

The term used to describe a DUI with no chemical testing is "A-2". This refers to the statute that enables a person to be charged with a DUI without chemical evidence. For cases of this type, the Court will listen to evidence based on the officers observations of the defendant and their performance on the Field Sobriety Tests (FST's).

The first test officers often give a suspect during a DUI traffic stop is know as the Horizontal Gaze Nystagmus Test (HGN). Nystagmas is characterized as involuntary "jerking" of the eyes when the suspect is asked to follow or track the tip of the officers finger with his eyes only. The three main "clues" officers look for are: 1) lack of smooth pursuit, 2) distinct jerking at maximum deviation, 3) and an onset angle less than 45 degrees. If this all sounds strange to you, rest assured it sounds strange to many officers and Judges as well. Although most officers will conduct this test, it is probably the lease reliable of all the FST's and given the least weight in court.

...

MDDP DRIVING PERMIT (BAIID)

Any first-time DUI offender who wishes to obtain and is eligible for driving relief during the period of statutory summary suspension is required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on his/her vehicle. To be eligible for driving relief, the court must order a Monitoring Device Driving Permit (MDDP) for an offender, and a BAIID will be installed on his/her vehicle through the Secretary of State’s office. An MDDP and installation of a BAIID allow an offender to drive anywhere at anytime as long as he/she is driv­ing a vehicle installed with a BAIID. The Secretary of State’s office monitors and reads the BAIID throughout the duration of the permit. The BAIID will alert the Secretary of State’s office if the driver attempts any incidents of driving under the influence or tampers with the BAIID device. A DUI offender may choose not to petition for an MDDP and instead choose to restrain from driving during the suspension period. However, a DUI offender who chooses not to participate in the program and is subsequently caught driving a vehicle during the suspension period, is guilty of a Class 4 felony. Additionally, a DUI offender who participates in the BAIID program and is subsequently caught driving a vehicle without a BAIID device installed is guilty of a Class 4 felony. Penalties include possible imprisonment of 1-3 years, a minimum of 30 days in jail or 300 hours of community service, and fines of up to $25,000. Eligibility:
  • A driver under age 18 is not eligible for an MDDP.
  • A first-time DUI offender may request an MDDP from the court to allow unlimited driving during the statutory summa­ry suspension. (A first-time offender is a driver who has not received a previ­ous statutory summary suspension in the past five years, been convicted of DUI or assigned court supervision for DUI in Illinois, or who has not been convict­ed of DUI in another state within 5 years.)
  • An offender must have a Breath Alcohol Ignition Interlock Device (BAIID) installed and maintained on any vehicle he/she plans to drive during the sus­pension period. An offender may drive anywhere at anytime once the permit is issued and the BAIID installed.
  • An MDDP is not effective until the 31st day of the suspension.
  • A commercial driver’s license holder may be eligible for an MDDP for base driving privileges if he/she is a first offender.
  • An offender is ineligible for an MDDP if his/her driver’s license is otherwise invalid or if death or great bodily harm resulted from the DUI arrest.
  • An offender is ineligible for an MDDP if he/she has previously been convicted of Reckless Homicide or Aggravated DUI that resulted in a death.
  • The offender is responsible for all costs associated with the MDDP and BAIID.

AGGRAVATED DUI

Most DUI cases are misdemeanors. However, if your case meets certain criteria, you may be charged with an Aggravated DUI. An Aggravated DUI is a FELONY. You may be charged with an Aggravated DUI if the charge is:
  • Your third or subsequent DUI
  • Committed while driving a school bus carrying persons age 18 or younger (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000).
  • Results in great bodily harm, permanent disability or disfigurement (Class 4 felony, imprisonment of 1-12 years, fines of up to $25,000). Revocation of driving privileges for a minimum of 2 years.
  • Second or subsequent DUI committed while transporting a child under age 16 (Class 4-X felony; penalties vary according to offense).
  • Committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Class 4-X felony; penalties vary according to offense).
  • Committed without a valid driver’s license or permit (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000).
  • Committed without vehicle liability insurance (Class 4 felony, imprison­ment of 1-3 years, fines of up to $25,000).
  • Second DUI committed after a previous conviction for reckless homicide while DUI or Aggravated DUI involving a death (Class 4 felony, 1-3 years of impris­onment, fines of up to $25,000).
  • Committed in a school zone while the restricted speed limit is in effect and involved in a crash that resulted in bodily harm (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000).
  • Committed while revoked or suspended for DUI, reckless homicide or leaving the scene of a personal injury or death (Class 4 felony, imprisonment of 1-3 years, fines of up to $25,000). Any penalty imposed is in addition to the penalty for any subsequent DUI violation. Revocation period determined by offense.
  • Results in a death (Class 2 felony, imprisonment of 3-14 years; 6-28 years if more than one death; fines of up to $25,000). Revocation of driving privileges for a minimum of 2 years from the effective date of the revocation or from the date of release from incarceration for the offense.

Misdemeanor retail theft in Cook County is a class A misdemeanor. The offense is punishable up to 364 days in the Cook County Department of Corrections. There are, however, many alternative sentences available. For purposes of this post, we will discuss first time offenders only.

In Cook County, first time retail theft offenders often qualify of the theft deterrent program. The program is aimed at counseling first time offenders and giving them the opportunity to complete a class to keep the case off their permanent record. Upon successful completion of the class, the offender will return to court and a dismissal of the charges will be granted. This not only prevents a criminal conviction from appearing on one's background but it also enables the defendant to have the arrest record expunged as well.

Due to the serious nature of a retail theft charge, it is imperative that you consult with an attorney. Most criminal defense firms, including ours, will give you a one time no charge consultation.

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