Lewis Gainor, Attorney at Law
State lawmakers in Springfield made a significant change to the Illinois Vehicle Code in 2013. The change is important because it could impact a person who was charged with driving under the influence. The law in our state allows law enforcement officers to seize property that was used in the commission of a criminal offense. [...]
Driving under the influence is a crime that has generally remained the same over the years. The elements are basically that the defendant was: 1) driving and 2) under the influence. While the elements of the offense remain unchanged, the penalties for DUI change every year. And they change in only one direction, they are [...]
Most people who are arrested for DUI are not aware of the fact that an arrest by itself creates a criminal record. It does not matter that they have not been found guilty in a court of law. Rather, an arrest for DUI is recorded by the police department to the Illinois State Police. The [...]
The state legislature added another offense to the Illinois Vehicle Code in 2011. Passed as Public Act 96-1237, the new law became effective on January 1, 2011. The law adds a new charge to the DUI laws already on the books. The new law can be found at 625 ILCS 5/11-507. It is called supervising [...]
Every person who was arrested for driving under the influence in Illinois should look back at the traffic stop. The question that must be answered is, why was the defendant pulled over in the first place? A traffic stop is legally a seizure that falls under the 4th Amendment to the United States Constitution. The [...]
Driving under the influence is a criminal offense in Illinois. It is subject to the same rules of criminal procedure and evidence as any other charge, including first degree murder. The defendant is protected by the United States Constitution, which provides the right to a jury of 12 people and the right to confront one’s [...]
Frequently a person who is arrested for driving under the influence will receive multiple traffic citations from the police officer. The number of tickets can cause some people to panic, believing they are charged with multiple DUIs. Generally, this is not the case. DUIs are charged on tickets call a Uniform Citation and Complaint. These [...]
- by Lewis Gainor, DUI Lawyer
