Case Result Date: September 14, 2021
Practice Area:DUI & Suspended License
Outcome: Charges Reduced
DUI Defense by a former Illinois DUI Prosecutor
Aggressively defend your DUI Charges with the help of an experienced Illinois DUI Defense Lawyer.
A DUI conviction carries with it serious consequences and can result in imprisonment, mandatory community service and Driver’s License Revocation. It is important to have a reliable DUI Attorney represent to represent you. At Meyerson Law, LTD., we provide aggressive, quality representation for you when you are charged with DUI (Driving Under the Influence “Drunk Driving”). Our attorneys have decades of combined experience in DUI Defense helping people who face an uncertain future as a result of a DUI charge and a driver’s license suspension. We are familiar with prosecutors’ approach to DUI cases, and we know how to protect your rights and defend you against the DUI charges you face.
THE ILLINOIS STATUTORY SUMMARY SUSPENSION 625 ILCS 5/11-501.1
Upon getting arrested for DUI in Illinois, when an individual is a first offender as defined in 625 ILCS 5/11-500 he will face a twelve (12) month driver’s license suspension if he or she refuses to blow into a breathalyzer machine and a six (6) month suspension if he or she blows .08 or above. See 625 ILCS 5/6-208.1. The arresting officer generally serves immediate notice of the suspension on the arrestee with a document titled, Notice of Summary Suspension/Revocation The summary suspension begins 46 days from the date the defendant receives notice which is usually the same day as his arrest. The suspension begins the 46th day unless the defendant does something to stop it. The summary suspension does not wait for an individual to go to court or hire a lawyer. Public defenders generally will not file a petition to rescind on behalf of their clients as summary suspensions are considered civil in nature.
The first step in defending a DUI case is to promptly file a Petition to Rescind the Statutory Summary Suspension. The statutory grounds in which a summary suspension may be rescinded are currently found in 625 ILCS 5/2-118.1. However, there are other grounds to rescind that can be found through case law. Most often these grounds involve service issues or due process violations arising from defects in the law enforcement officer’s sworn report. An individual’s driver’s license is a constitutionally protected property interest. Therefore, the law requires that a motorist be afforded a hearing to challenge the suspension within 30 days from the date he files his petition to rescind or the first Court date. Meyerson Law, LTD. believes it is a vital defense strategy to file the client’s petition to rescind 30 days or more from the client’s first Court date whenever possible. The foregoing strategy puts the prosecution in a position where they usually must be ready to proceed on the first scheduled Court date which maximizes leverage for the defense.
The following are some of the grounds to avoid the suspension and save your driver’s license:
- The arrest occurred on private property (summary suspension laws are only applicable on public highways);
- The officer had no justification to effectuate a traffic stop in the first place (4th amendment violation);
- The client was not afforded a hearing within 30 days or the first Court date;
- The officer failed to write a legally cognizable DUI citation;
- The officer did not have reasonable grounds to believe the motorist was under the influence of alcohol, drugs, or a combination thereof;
- The officer did not have reasonable grounds to believe the motorist was driving or in actual physical control of a motor vehicle;
- The officer fails to read the motorist his Warnings to Motorist;
- The motorist blows under a .08 BAC;
- The motorist blows .08 BAC or over but establishes an un-rebutted prima facie case that the breath result was unreliable;
- The prosecution agrees to rescind the summary suspension as part of a plea negotiation;
- The sworn report was shown to be defective and the cause of a due process violation.
Our DUI Defense Attorneys
Our DUI Defense Attorneys have successfully defended hundreds of clients charged with DUI. In addition, they assist clients in Driver’s License Reinstatement administrative hearings where licenses were revoked as a result of DUI or Traffic Violations. They are also familiar with other DUI issues in Illinois including repeat offenses and Underage Consumption of Alcohol.
Attorney David S. Meyerson, a former DUI Prosecutor and a is highly-respected DUI Defense Attorney. He uses his experience and knowledge in DUI Defense to defend your DUI charges in court. As an experienced DUI Lawyer, he understands the importance of providing full attention to all of the details in a DUI case and employs his knowledge and experience as a skilled DUI Attorney to the client’s benefit.
At Meyerson Law, LTD., your DUI Lawyer will discuss with you your DUI Defense options and walk you through the process until the conclusion of your DUI case.
If you have been charged with DUI, or a related impaired driving charge, and are seeking the assistance of an experienced Illinois DUI Defense Attorney in Cook County, Lake County, DuPage County, Will County, Kane County or McHenry County, contact our DUI Attorneys at Meyerson Law, LTD. for the personal and professional attention you deserve.