Use of DUI Technology Funds Expanded

 Posted on August 23, 2013 in Criminal defense lawyer

P.A. 97-1050 Effective January 1, 2013 Amends 625 ILCS 5/11-501.01 and provides that moneys in the State Police DUI Fund shall be used to purchase law enforcement equipment that will assist in the prevention of alcohol related criminal violence throughout the State (instead of for enforcement and prevention of driving while under the influence of alcohol, other drugs, intoxicating compounds or any combination thereof, including but not limited to the purchase of law enforcement equipment and commodities that will assist in the prevention of alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations).

This negates the requirement that the funds be used strictly for the purchase of in-squad video cameras, radar and laser speed technology, and breath-alcohol testing equipment.

Continue Reading ››

DUI Walk and Turn Test in Skokie, Rolling Meadows and Lake County

 Posted on August 14, 2013 in Criminal defense lawyer

If you are under investigation during a traffic stop for a DUI in Cook, Lake or DuPage county one of the Field Sobriety Tests your are likely to be asked to perform is the “Walk and Turn” test.

The “walk and turn” is fairly straight-forward. The officer will direct you to stand with your arms at your sides and place one foot directly in front of the other (heel-to-toe). The officer will then have you stay in this position while he gives you the following instructions: Take nine heel-to-toe steps forward, turn, and take nine heel-to-toe steps back. Sometimes the officer will tell you to imagine you are following a straight line on the ground. Sometimes there may be an actual line to follow (parking stripes etc.). He will tell you to keep your hands at your sides and possibly count the steps out loud.

While its fairly obvious that if you lose your balance and fall you will score poorly on the test, the are other more subtle clues the officer is looking for to confirm his suspicions of DUI. Some of these clues include: losing your balance while listening to instructions, starting the test before being instructed to do so by the officer, stopping while performing the test, failing to touch heal-to-toe on all steps, stepping off the line, using your arms to balance, making an improper turn, and failing to take the correct number of steps.

Continue Reading ››

Driving with a Suspended/Revoked License in Lincolnwood, Morton Grove, Skokie, Niles and Northbrook, IL.

 Posted on August 12, 2013 in Criminal defense lawyer

Driving with a suspended/revoked license in Lincolnwood, Morton Grove, Skokie, Niles and Northbrook is a serious offense.

Driving with a suspended license is typically a misdemeanor in the State of Illinois. There are some aggravating circumstances that can cause it to become a felony, however. Either way, this charge can seriously jeopardize your driving privileges, lead to a lengthened suspension, and may even lead to jail time.

The first step to defending this charge is often to attempt to resolve the issue(s) that originally caused the suspension. We can examine your driving record to determine why your license was suspended and if there is an opportunity to remedy the problem. In some cases, there are many problems on your record that have caused the suspension, and you should attempt to remedy as many as possible.

After our office examines your driving record, we can provide you with the necessary guidance to reinstate your driving privileges. Often times, once your privileges have been restored, we can secure a dismissal of the suspended license charge in Court. This enable you to avoid hefty court fines and in the more serious scenarios jail time as well. Most importantly, it will enable you to legally drive in the State of Illinois.

Continue Reading ››

DUI's in the Rolling Meadows Courthouse

 Posted on August 09, 2013 in Criminal defense lawyer

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).

Continue Reading ››

DUI's in the Skokie Courthouse

 Posted on August 09, 2013 in Criminal defense lawyer

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.

Continue Reading ››

DUI Driving Permits in Illinois (MDDP)

 Posted on August 07, 2013 in Criminal defense lawyer

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.

  Continue Reading ››

Aggravated (Felony) DUI in Illinois

 Posted on August 07, 2013 in Criminal defense lawyer

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).

  Continue Reading ››

Misdemeanor Retail Theft in Cook County

 Posted on August 06, 2013 in Criminal defense lawyer

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.

Continue Reading ››

DUI Case with BAC Result Ends with Dismissal of All Charges

 Posted on August 06, 2013 in Criminal defense lawyer

A client of the Law Office of Matthew R Gebhardt has recently been cleared of all DUI charges in the Cook County Court Jurisdiction even with a breathalyzer amount over the legal limit of in Illinois.....

Continue Reading ››

Speeding in Illinois

 Posted on July 19, 2013 in Criminal defense lawyer

Every state has different laws related to speeding, and different speed limits for highways, freeways and smaller roads, but being from out of state is no excuse for not following the speed limits.

According to the National Highway Traffic Safety Association, the basic speed rule for Illnois is, “A person shall not drive a vehicle upon any highway at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or endangers the safety of any person or property.”

The statutory speed limit in Illinois is 65 mph on toll highways and highways with four or more lanes, then the speed limit decreases accordingly for other highways, urban streets, etc. Along with not exceeding the maximum speed limit on any given road, it is also important for drivers not to drive too slow, as that can be just as dangerous and going too fast.

The statute pertaining to minimum speed states, “No person shall operate a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic.” On some highways or other roadways, the state may post minimum speed limits.

Continue Reading ››