First time DUI in IL

[Jredrum]

What is the name of your state? Illinois

I was actually picking up a friend from jail, and on my way back when I got pulled over. I blew a .101. I was pulled over just a mile down the road from the jail. The strange thing though, is that the officer was following me, and was going to pass me and turn (two lane road and he had his blinker on). Then all of a sudden he slows down, gets behind me and pulls me over. He said he pulled me over for one of the liscense plate lights being out. I think it's b.s. I think they probably followed me, or someone from the jail called ahead and told them to pull me over. It's 3am, and absolutely no one on the road. Everyone in the car said I was driving fine, and I was not drunk. (Well from the BAC it said I was). The cop t the jail even acknowledged that I did not seem drunk, and it sucks for being pulled over trying to help a friend. Is there any way you can see to get out of this, or get it reduced?

Thanks for your help,

Joe

 

[Jredrum]

I just noticed another thing. I received 4 tickets total. One for improper lane usage, one for the liscense plate light being out, and two for driving under the influence. However on the 2 for driving under the influnce, one has a 1 marked by it, and the other has a 2. Why would I receive 2 of the same tickets?

 

[seniorjudge]

What is the name of your state? Illinois

I was actually picking up a friend from jail, and on my way back when I got pulled over. I blew a .101. I was pulled over just a mile down the road from the jail. The strange thing though, is that the officer was following me, and was going to pass me and turn (two lane road and he had his blinker on). Then all of a sudden he slows down, gets behind me and pulls me over. He said he pulled me over for one of the liscense plate lights being out. I think it's b.s. I think they probably followed me, or someone from the jail called ahead and told them to pull me over. It's 3am, and absolutely no one on the road. Everyone in the car said I was driving fine, and I was not drunk. (Well from the BAC it said I was). The cop t the jail even acknowledged that I did not seem drunk, and it sucks for being pulled over trying to help a friend. Is there any way you can see to get out of this, or get it reduced?

Thanks for your help,

Joe

You were driving with .101 BAC; you have no defense.


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[Jredrum]

Thank you for the advice. It's all pretty much common sense, but you never know with some people. The public defenders craiglist post, was pretty funny.

Do you happen to know what my second post was about? What the differences are in the two tickets for the same thing?

 

[outonbail]

Thank you for the advice. It's all pretty much common sense, but you never know with some people. The public defenders craiglist post, was pretty funny.

Do you happen to know what my second post was about? What the differences are in the two tickets for the same thing?

Did you actually receive four citations? Four different pieces of paper you had to sign?
Or did you receive one citation with the four charges listed?

The first charge may have had the .1 designation for the charge of driving under the influence of alcohol and the .2 could have been for driving under the influence of drugs or both alcohol and drugs. I'm not from Illinois and feeling too lazy to look up the charges you could have been cited under at the moment.

Either way, it is a fairly dumb move to pick up someone from jail and drive them home while your this intoxicated. Hence, I should add, make sure you go to court sober!

 

[Job_Hunting]

Here's the scoop--

Your BEST chance is to do this,

Get an attorney, He will probably charge you $600-$1000.

He/She will recommend you go to drunk school and attend some kind of victim impact panel--DO IT, start doing it before your court date. This will also have a fee.

If this is your first offense, you have nothing incriminating on your record traffic or otherwise, and you have a job/school, etc, your attorney should be able to get you a restricted drivers permit for the duration (probably 6 mos) and if you comply, it will only take one court date and 18 mos court supervision, and could be dropped if you have no offenses in that time.

The laws may have changed some in the past few years, and the min. license suspension time may have increased from 30 days, not sure.

This will be inconvenient and hopefully a good lesson learned. Be thankful there was no accident and no one was hurt.

--T

 

[Job_Hunting]

OH yeah, I forgot.

If you're very good and compliant, there's a good chance your attorney can get the other tickets dropped.

In any case, get a free consult w/an attorney and ask him to get you all of the above. He'll tell you straight up if it's likely.

 

[garrula lingua]

from an atty website:
Illinois DUI Court Case

A first-time or second-time DUI is typically charged as a misdemeanor, not a felony. However, a third-time DUI, or a drunk driving case where someone suffers great bodily harm will be treated as a felony.

A first offender can receive court supervision, only once, which will not be viewed as a conviction. The criminal case is dismissed after successful completion of court supervision, but can't be expunged from the public record.

DUI convictions: Driving under the influence of alcohol and/or drugs will cause mandatory revocation of your driver's license, plus criminal penalties of up to 364 days in jail and a fine up to $2,500.

If you are convicted of a DUI, your driver's license and driving privileges will be revoked for a minimum of one year for the first offense, five years for a second offense committed within a 20-year period, and 10 years for a third or subsequent offense.

DUI conviction in Illinois for those under age 21 at the time will result in your driving privileges being revoked for a minimum of two years for your first offense; for five years or until your 21st birthday, whichever is longer, for your second offense; and for 10 years for a third or subsequent offense. If you meet conditions set by the Secretary of State, you can get a restricted driving permit, good for 1 year, which generally allows driving only between 5 a.m. and 9 p.m. After that, you can apply for (but are not assured of getting) a regular driver's license. Those are the penalties for a first offense

 

[SLara]

First Time DUI in IL

Hi. Jredrum

Similar situation here. Can you share with me what happened after your court appearance? Did you consult a lawyer? Can you recommend him/her? It would be great if you can provide help. I'm totally lost and don't know what to do.

Thanks,

Slara

 

[sbrigham65]

First time DUI Drugs in IL

I was arrested in Feb. 2006 for DUI Drugs, because I was driving late at night with my eyes red. I was on my way from Michigan to Texas for my mother's birthday. The arrest was supposed to entail a urine sample and a $300 bond, app. one hour. Yet, my dog was taken to another town to be secured, and my car towed to yet another town making it seemingly impossible for me to leave.

I returned (8 - 10 hr. drive, overnight motel stay) on three seperate occasions to fight the charges in trial, only to be met by the state's inability to try the case at that time. They were always prepared to offer me the same plea bargain I previously refused, and when I would refuse again my "court appointed attorney" would say "...let me go talk to the judge..." and leave me sitting for hours. He would return with a document stating my next court date.

Eventually, I wasn't able to return. I was NEVER successful in getting my attorney on the phone (either by initial call, or the many messages left to his secretaries), and there was no one to assist me. After not returning, I was arrested on a "nationwide pick-up...felony DUI...$10,000 bond" warrant at home in Michigan. I was released on bond here agreeing that I would go back to Il. and resolve the issue. After two courtdates of excuses as to why I can't come up with enough money to resolve this, I have another court date approaching fast, and I still haven't been able to resolve this UNFORTUNATE situation. School doesn't allow me to travel far during classes. And it takes up a lot of work time, as well as money. I'd really appreciate any assistance I can receive to get me going in the right direction. Thank you very much.