Illinois Lawyer Referrals and Legal Guidance

Posts Tagged ‘DUI’

Five legal tips for the 4th of July weekend

Wednesday, June 30th, 2010

Every Wednesday we offer five legal tips based on questions we have received from readers. This week we are focusing on the theme of the 4th of July. Ok maybe we are going to stretch it a bit, but in no particular order:

1. On the 4thof July we think of patriotism. Taking that further, what makes us a great nation includes our civil rights. However, your civil rights are usually not violated when you think they are. Unless you can prove that you were discriminated against because of race, age, religion, etc. or show something like the police knocked down your door without a warrant, you are likely not dealing with a civil rights violation. So if the deli counter worker was rude to you or your employer fired you without a warning, it is not a civil rights case.

2. You should never drive drunk, but this is the big weekend for the police to be looking out for it. Be smart and get a designated driver or better yet, take public transportation if it is available in your area.

3. Not only are there a lot of DUI’s and arrests in general this weekend every year, but the angst of holiday weekends almost always leads to an uptick in people calling divorce lawyers. If you are going to do that, try and get a game plan together. Think about what you want now, six months from now, in two years, etc., especially if you have kids.

4. If you are a parent of a child that is going to blow things up or if you are an adult that is going to blow things up this weekend, just remember that if someone gets hurt from that you can be sued. Homeowner’s insurance would probably cover you, but it might not. I like blowing things up as much as the next guy and feel like a nanny even just writing this tip. But if you don’t think your neighbor is going to run to a lawyer when they lose an eye over your bottle rocket . . .

5. Finally, we got a call from someone who wanted to sue to prevent a fireworks show from going on because of the air pollution it would cause. I am pro-environment (and not just because I drive a Prius), but that is a suit that we want no part of. Believe it or not though, in other states those suits are happening and unfortunately have sometimes been successful.

Be safe and have a happy 4th.

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Tags: civil rights, DUI
Posted in Five Tips | Comments Off

Two crazy facts about Illinois DUI’s. And I mean crazy.

Tuesday, April 6th, 2010

If you have been driving a car like the guy in the photo above you wouldn’t be shocked to know that if you are pulled over you can be asked to walk a white line or do any number of tests that might show if you are intoxicated or not. You don’t have to do any of these, but that’s not what this post is about. It’s about two other things. The first one you will think is crazy, but it’s true. The second one I think is crazy.

First, imagine if you had too much to drink and were being responsible so instead of driving you decided to sleep off your drunkenness in the back seat of your car. You are being a responsible citizen, right? What if instead of sleeping or driving, you are just hanging out by the car enjoying yourself with your friends, again being responsible by not driving? In either case you can get a DUI if the keys to the car are on you.

Under Illinois DUI law you only need to be in control of the vehicle. If you have the keys on you, you are said to be in control of the vehicle. I’m not sure what our brilliant legislators expect you to do. I guess you could give the keys to the bartender and hope that they’ll return them to you when you wake up in the morning. Maybe you can bury them in the ground. Hopefully you’ll remember where they were when you sober up. But to be able to face jail time when you make a responsible decision is just absurd.

Second crazy scenario is based on what the cops tell you sometimes after you get arrested for a DUI or other criminal charge. We have had countless people tell us lately that the arresting officers told them that they can show up to court without a lawyer as one isn’t needed. Really? A conviction means up to a year in jail. If they don’t think it’s that serious why don’t they just let you go?

I love most policemen that I’ve met, but if they are giving you legal advice it’s just wrong. Maybe some of them believe it, but I suspect most of them are trying to avoid having to sit all day in court and have to testify on your case. If you have anything that could potentially put you behind bars you are foolish to try and handle it yourself. You will stick out to the Judge and are just asking for trouble.

Tags: DUI
Posted in Criminal Defense in Illinois | Comments Off

Pre St. Patrick’s Day Advice- You can’t beat the breathalyzer test

Tuesday, March 16th, 2010

You can’t beat the breathalyzer test if you are pulled over on suspicion of drunk driving.

You’ve probably heard at least one “tip” on how to beat a breathalyzer test if you’re pulled over for a DUI. We’ve heard many, but we wouldn’t recommend relying on any of them. The only certain way to avoid a DUI is to not drink and drive.

For example, many people think that if you chew gum or rinse with mouthwash, the breathalyzer device won’t be able to detect alcohol. This just isn’t true. Disguising the smell may prevent a police officer from smelling alcohol on your breath, but it won’t fool the test. In fact, some mouthwashes and other breath fresheners actually contain some alcohol, so it might make things worse.

Another common myth is that you can lower your alcohol content score by putting a penny in your mouth. Again, not true. The idea behind this myth is that the copper in pennies somehow decreases the amount of alcohol the device can detect. This is just an urban legend. Besides, pennies are made of zinc these days, not copper.

Some people get the idea that they can just pretend to blow into the breathalyzer device, therefore preventing it from registering any alcohol. The people who make the devices thought of that, too. If you don’t blow enough breath into the breathalyzer, it alerts the officer and you will have to do it again.

A final myth worth mentioning: If you drink Zima, you’re in the clear. Just like any other type of alcohol, if you drink Zima, it will register on a breath test. Do they even make Zima anymore?

Again, the only way to make sure you don’t get a DUI is to avoid drinking and driving. If you have too much to drink and get behind the wheel, no amount of mouthwash or copper will help you beat the test. And if you decide to try out one of these myths, such as not really blowing into the device, it can be interpreted as a refusal to submit to the test, and you could face additional penalties.

Finally, you don’t have to take a breathalyzer and any Illinois DUI attorney we know would tell you that if asked you should politely decline.

Tags: breathalyzer test, DUI, DUI lawyer in Chicago
Posted in Criminal Defense in Illinois | Comments Off

Attorneys in Illinois- five tips on license reinstatement, marital assets

Wednesday, March 10th, 2010

Every Wednesday we provide five legal tips based on questions we receive from readers:

I just read about a guy that got his 7th DUI in Illinois! How does a person like that have a license to drive?

He probably doesn’t. In Illinois after your fourth conviction (assuming it was after 1999 and all four are in Illinois) you are revoked from legally driving again without ever having the possibility of reinstatement.

My son has a child and is divorcing. The Judge has given him visitation with our grandchild every Saturday and some holidays. We were told by his lawyer that the Mom can keep the child from seeing us at other times when it is her visitation. Can we bring our own case?

With limited exceptions that is true. You are best off working with your son and trying to enhance his argument that it’s in the best interests of your granchild that he get more time with the boy so then you can get more time.

I am getting a divorce. What does a marital asset mean?

A marital asset is anything acquired during the marriage. Examples would be if you had a pension or 401k; the portion acquired during the marriage would be a marital asset and would likely get split 50/50. If you bought a house, that would be one too, so would a business started during the marriage. The one big exception is inherited property so long as it is not co-mingled with the rest of the marital assets.

What is a contingency fee?

A contingency fee means that the lawyer doesn’t get paid if they win the case and if they do win it is a percentage of what they recover. Here is more information about Illinois contingency lawyers and how they work. It’s typical for injury cases or other matters where the winner gets paid money. It can’t be done for criminal cases or divorce.

I live in Oregon. My Dad died in Chicago and had a will prepared by an attorney friend of his. Do we have to use that attorney go probate the estate? Honestly we don’t like him and he’s rude. We never said anything to my Dad because they were friends, but I just don’t want to work with him.

You don’t have to work with him. Your Dad’s will can name an executor of the estate, but it is up to the executor to choose what attorney to help probate the estate.

Tags: DUI, license reinstatement
Posted in Five Tips | Comments Off

Attorneys in Illinois- Advice on criminal defense, doctor bills, sex with teachers and more

Wednesday, March 3rd, 2010

Every Wednesday we offer five legal tips based on questions from recent callers.

I read on your website that getting a lawyer that knows the prosecutor can make a huge difference. Is that really true? How do I know that he won’t sell me out?

No lawyer we know (recommend) makes a living by selling out their clients. The reality is that success in criminal defense is a lot like success in life; who you know is often as important as what you know. Case in point is a guy who came to us recently and had hired an out of town attorney on a burglary case because he didn’t want someone who was going to sell him out to the Cook County prosecutors. His lawyer got him an offer of 12 years in jail and the prosecutor said that was the best they could do. Within five days of hiring the attorney we suggested (who used to be a prosecutor in Cook County and was the supervisor of the current prosecutor on the case) the offer got reduced to only two years. The client was thrilled and the success was all because of the attorney he hired.

I went to the doctor for a colonoscopy and he punctured my colon. I get that is a risk of the procedure so I don’t have a medical malpractice suit, but why do I have to pay this bill?

It’s a good question. If you took your car to a mechanic for an oil change and they end up blowing the engine, you wouldn’t pay for it. Doctors tend to get away with it. You could tell them to sue you and if they do you can make your argument. It’s not been done that we know of, probably because of the cost involved in fighting it. But someone has to be first.

If I have been offered a settlement on a workers’ compensation case and want to get more, does the lawyer I hire get paid on the total offer?

No, they typically only get paid based on what they get on top of what was already offered, although that fee can be as high as 50% of what is additionally recovered. That said, many lawyers won’t touch a case when there is already an offer on the case.

My son was sleeping with a teacher at his school. He is only 16. The teacher has been charged, but a lawyer told me that when it comes to suing the school we’ll only collect if we can prove they knew about it. Is that true?

Yes, that is generally the law in Illinois. That said, it is a crime and certainly a case worth pursuing because sometimes you don’t think the school knew and it turns out they did or should have.

If I get pulled over on a suspicion of DUI, should I take the breath test?

Every Illinois DUI attorney we know would tell you not to take the test. It could lead to a suspension of your license, but that is often thrown out. More importantly, you don’t want to provide the evidence that could be used to convict you and send you to jail. No matter what the cop tells you, you don’t have to take the breath test or any roadside test for that matter.

Tags: "Illinois workers compensation lawyer" jurisdiction, DUI, sexual abuse
Posted in Five Tips | Comments Off

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