A DUI in Illinois

[Shawnandmax]

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

Was stopped on the side of the road (wide shoulder) in a rental car. Late. Yes, I had been drinking. Was not driving erratically. The officer did not see me driving at all. I was pulled over with my right turn signal on, the car running (it had out of state plates because my regular car was in the shop). I had pulled over (at 0200) because my girlfriend was calling me, and I didn't want to talk and drive at the same time.

Officer pulled up behind me and lit me up. Then proceeded the field tests. Then had me blow into a portable device, and arrested me. Yes, I was above the limit. He did not tell me that I could refuse the "blow". Did another more "official" breathalizer back at the station. That one he did tell me I could refuse. I obviously didn't. Stupid at that point.

I saw the other post about an illegal stop. I was stopped. Anything there for a defense? I have a lawyer--I am not stupid. But, dont even know (with the new laws here) if it will do any good.

Opinions?
Thank you,

Shawn

 

[BigMistakeFl]

No defense in what you posted. Search through the entries in this forum and you'll find many many arrests for people in their cars, not driving, successfully prosecuted for DUI. Many of those were even for people sleeping in the car, engine off.

Like the other thread you cited regarding the illegal stop defense, yours is not likely to hold up. Like that guy, you can hire an attorney and fight the charge, it is your right. But like the other guy, I don't think you have a chance of prevailing. Hire an attorney so that you have representation.

 

[Some Random Guy]

You don't have any chance of getting off on an "illegal stop" because the police didn't stop you. Since you were already stopped, the police have every right to walk up to you and ask questions like any other person in the US.

I have not seen anything else in your post which would suggest a valid defense. Follow your lawyers advice.