1st DUI Illinois

[chicago girl]

What is the name of your state (only U.S. law)? ILLINOIS


Drove one mile while intoxicated and pulled into a business office parking lot. Police approached my vehicle after 20 minutes of me sitting there with my friend. My friend was sober and was going to drive. The car was not running, but I was in the driver seat at the time. I did not submit breath test. I said I had 3 beers, but I believe I had 5 or 6. I have no balance even sober, so I failed at walking a straight line.

1. I did not receive a law enforcement sworn report. Either the police forgot to give me a copy or one was not filled out. Would this not be filled out because I was on private property?

2. I obtained a copy of my DMV driving abstract and a suspension is not listed. It has been a month since the arrest and I have not received a letter from the state or DMV indicating suspension of driving priveleges. Even though I didn't blow, could my license not be suspended?

3. Appointment for alcohol evaluation is on 10/17, what should I expect? What should I say or not say? I am supposed to have the law enforcement sworn report for this evaluation, will I still be able to proceed without?

4. My lawyer subpoenaed the arrest records from the police, but he states we probably won't receive anything until the day of court (10/29). Will we be able to view the video in private first? Do I plead not guilty? Do people normally plea bargain? What is the chance of me being convicted?

[FlyingRon]

First DUI conviction

o Loss of full driving privileges for a minimum of one (1) year.
o Possible imprisonment for up to one (1) year.
o Maximum fine of $2,500.

[BigMistakeFl]

Office parking lot is accessible from a public road so it is not considered private property insomuch as would be free from driving laws including DUI.

Arrest report and any test results will be available as discovery to your attorney. Your 10/29 court date is not your trial, more likely a chance for you with your attorney to enter a plea.

You may get a chance to see the video, IF there even is one. Again, your lawyer can try to work that out. Your attorney is not likely to recommend a plea of "guilty". Your lawyer and the prosecuting attorney will most likely bounce any possible deal back and forth. I'd give what Ron posted above some serious consideration as that is most likely what will be offered. From there, it's a roll of the dice.

[FlyingRon]

Originally Posted by chicago girl

1. I did not receive a law enforcement sworn report. Either the police forgot to give me a copy or one was not filled out. Would this not be filled out because I was on private property?

IF you wish to see such, you need to submit a request for discovery. Laws do not cease to be applicable because you are on private property.

2. I obtained a copy of my DMV driving abstract and a suspension is not listed. It has been a month since the arrest and I have not received a letter from the state or DMV indicating suspension of driving priveleges. Even though I didn't blow, could my license not be suspended?

It just means it is not YET suspended.

3. Appointment for alcohol evaluation is on 10/17, what should I expect? What should I say or not say? I am supposed to have the law enforcement sworn report for this evaluation, will I still be able to proceed without?

You should say what your lawyer tells you to say.
What do you think the "sworn report" is going to mean to you for an alcohol evaluation. Why are you hung up on this?

4. My lawyer subpoenaed the arrest records from the police, but he states we probably won't receive anything until the day of court (10/29). Will we be able to view the video in private first? Do I plead not guilty? Do people normally plea bargain? What is the chance of me being convicted?

What advantage is there of seeing it in private? You should ask your lawyer as to your best options for plea. The chances of plea bargain and whether it is advantageous to you depends on your situation, liklihood of conviction, etc... Ask your lawyer. You've incriminated yourself hear, what makes you think you may escape conviction?