by Lewis Gainor on February 4, 2013
In the year 2013, driving under the influence remains one of the most highly politicized offenses in Illinois courts. There is no offense that will get a prosecutor fired quicker for giving a good deal than DUI. In these cases, Assistant State’s Attorneys are always wary of how it will look after they give the [...]
by Lewis Gainor on November 8, 2011
One issue from an arrest for driving under the influence that is confusing is the difference between the summary suspension and the criminal offense of DUI. Many people believe that if you are found not guilty of DUI, then your driver’s license will not be suspended. This is not true. Unfortunately, the law on DUI [...]
by Lewis Gainor on June 3, 2011
Each year, the Secretary of State releases a DUI Fact Book explaining the law and number of arrests for driving under the influence in Illinois. The Secretary compares these figures for each county, as well as year-over-year. The Secretary also tracks the reasons why statutory summary suspensions are rescinded. For instance, a record is made [...]
by Lewis Gainor on February 26, 2011
If the defendant prevails in the hearing on the petition to rescind statutory summary suspension, the judge will sign an order directing the Secretary of State to rescind the suspension. The clerk in that courtroom will follow up with the Secretary of State after the court call has concluded. But this takes time. The clerk [...]
by Lewis Gainor on October 18, 2010
A statutory summary suspension is an administrative action taken by the Secretary of State on a person’s Illinois driving privileges. If, during an arrest for driving under the influence, the person fails chemical testing or refuses to submit to chemical testing, his license will be subject to a statutory summary suspension. The summary suspension is [...]
by Lewis Gainor on October 10, 2010
Every arrest for driving under the influence has two consequences: first, the suspension of driving privileges, and second, the criminal offense of DUI. The driver’s license suspension operates on a time table, whereas the criminal offense does not. A person who is arrested for DUI will have his driving privileges suspended pursuant to a statutory [...]