DUI as passenger (Illinois)

[Trainwrecked]

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

Hi! I was arrested for DUI. It was my first time offense, and it was for bein' under the influence of marijuana. The driver had a suspended license and we pulled into a gas station to pump gas. 2 squad cars pulled up as we were pumping gas. One behind us, and another in front of us, blocking us from leaving. They then proceeded to ask what we were doing and I told them and I proceeded to ask why we were being surrounded. We were then accused of being paranoid and on drugs and searched. The driver had a suspended license so they were arrested and then I was charged with DUI because I had a valid license, despite me only being in the passenger seat. Is this legal?

 

[Mass_Shyster]

Based on the facts you've given, you should not be convicted.

Somehow, I think you may have omitted something. If my guess is correct, there's no telling what will happen.

 

[HighwayMan]

Legal? Yes, as long as there was probable cause for each arrest.

Since you were under the influence of marijuana at the time your narrative of events is suspect. There likely was a reason you were "surrounded" at the gas station.

I'm sure your attorney will deal with the situation appropriately. This is beyond a "do it yourself".

 

[Trainwrecked]

Other than me admitting I smoked marijuana, I left out nothing. That's literally what happened. Camera footage showed it all and had voice. But I didn't have enough money for a lawyer, so I tried fighting it on my own. State's attorney pulled me aside and said it's a technicality in Illinois that if the driver has a suspended, that makes me in control of the car. I could have been passed out drunk in the back of the car, it still meant I was in control. So I plead guilty. Did they lie to get me to plead guilty?

 

[Mass_Shyster]

Other than me admitting I smoked marijuana, I left out nothing.

It seems you left out the part where you went to court and pleaded guilty. Since you did not challenge the arrest at trial, you waived that defense.

 

[HighwayMan]

That's literally what happened.

Except for the part leading up to the stop which you didn't question, eh?

But I didn't have enough money for a lawyer, so I tried fighting it on my own.

So you were deemed ineligible for a public defender? Did you even try to get one?

Did they lie to get me to plead guilty?

I wouldn't worry about it now. It's way too late now to be looking for advice. The matter is closed.

If you want to do homework you can research DUI case law in your state to find out if that "technicality" is legitimate.

 

[Trainwrecked]

They said I was not able to get a public defender because I was facing no jail time. It's a misdemeanor where it happened. I plead guilty because they made it out I had no other choice. I know I should have fought it but I just want to know for future reference, in case anyone else is put in this position. The cops in this area are pretty unfair.

I very much questioned me being stopped. I was just pumping gas and getting questioned on what I was doing and I straight asked why I'm being surrounded by police and was just accused of being paranoid and said I smelled like marijuana.

Even the court said the case was pretty funky, so it obviously wasn't a common thing to happen under those circumstances. But if it's that rare, I want to know if this could have been fought and if they were just trying to lie to me to get me to plead guilty. In case anyone is in this situation again, they can look up the information and actually find something regarding it so they aren't screwed over like I was.

 

[BigMouthWino]

Even the court said the case was pretty funky, so it obviously wasn't a common thing to happen under those circumstances. But if it's that rare, I want to know if this could have been fought and if they were just trying to lie to me to get me to plead guilty. In case anyone is in this situation again, they can look up the information and actually find something regarding it so they aren't screwed over like I was.

It doesn't make any difference if they lied to you or not. They're allowed to lie to you. Of course you could have fought the case and possibly even won it. What did you gain by pleading guilty? Did they give you anything? Drop the drug charge perhaps?

 

[HighwayMan]

They said I was not able to get a public defender because I was facing no jail time. It's a misdemeanor where it happened.

A misdemeanor is a crime. Of course you could have gotten jail time - you can get jail time for any crime.

Just because jail time is not typically sought in a case like this doesn't mean it isn't a possible penalty.

You always have a choice - in this case you apparently made the wrong one.

 

[Mass_Shyster]

Even the court said the case was pretty funky

Now there's a judge with some character.

Attorney: Defendant moves to dismiss the charges.

Judge: What is the basis for your motion.

Attorney: Your Honor, the case is funky.

Judge: Motion granted - case dismissed.

 

[swalsh411]

One should generally not take legal advice from the following:

-cops
-the attorney who gets paid to have you convicted

 

[Mass_Shyster]

State's attorney pulled me aside and said it's a technicality in Illinois that if the driver has a suspended, that makes me in control of the car.

If that technicality does not exist, you can certainly file a complaint against the State's attorney for violating Rule 4.1 of the IL Rules of Professional Conduct. I don't know if that is sufficient reason to file an appeal, and/or if you are within the timeframe to file an appeal.

 

[BigMouthWino]

If that technicality does not exist, you can certainly file a complaint against the State's attorney for violating Rule 4.1 of the IL Rules of Professional Conduct. I don't know if that is sufficient reason to file an appeal, and/or if you are within the timeframe to file an appeal.

Don't be ridiculous. OP pled guilty. It is the word of a convicted drunk driver against the attorney who prosecuted him. This is a waste of time and won't go anywhere.

 

[Mass_Shyster]

Don't be ridiculous. OP pled guilty. It is the word of a convicted drunk driver against the attorney who prosecuted him. This is a waste of time and won't go anywhere.

So you think it's OK for the prosecutor to make up the rules as he goes? Somehow, that doesn't shock me.

 

[BigMouthWino]

So you think it's OK for the prosecutor to make up the rules as he goes? Somehow, that doesn't shock me.

No, it's absolutely not OK. The criminal justice system is certainly broken and corrupt, but sending OP on a fools errand that will correct nothing is a waste of time. Cops and prosecutors lie to criminal defendants every day. Even if they believed OP's claims were true and that OP didn't just plead guilty because OP was guilty the Bar isn't going to take any action against the prosecutor; so what's the point?