Wednesday, August 22, 2012

Chicago DUI payout for false arrests - too little, too late?

Chicago was in a pickle. They had an officer, Richard Fiorito, who had been consistently accused of wrongful arrest by many different Defendants over a long period of time. As we've chronicled here before, this goes beyond Officer Fiorito alone (who has resigned his position as of this past December). To get out of this pickle, the city will have to pay $450,000 to two separate plaintiffs and their attorneys.

As a different approach, perhaps the money might be better spent in the future on better training in DUI enforcement and professionalism?

Chicago to pay of $450,000 to 2 drivers over false DUI charges

If you face prosecution for DUI in Chicago, don't automatically give up without a fight. Call us for a free consultation at 847-635-8200.

How long is your Illinois Driver's License Suspension if this IS NOT your first DUI?

A police officer arrests you for DUI in Illinois. After the officer has formed the belief you have been driving under the influence of alcohol, cannabis (marijuana), methamphetamine or some other intoxicating substance, he seems to be under the impression you can understand it if he reads you a bunch of legalese about driver's license suspensions. He refuses to explain any of it "sorry bro, I can't" and hands you a stack of papers.

Later, you realize . . . this means trouble.

Your drivers license is going to be suspended. But you've had a DUI before - so for how long is this suspension supposed to be?

Watch and learn, then call us.

Tuesday, August 21, 2012

Skokie has DUI Roadblocks scheduled for Labor day

Many municipalities will have DUI roadblocks, known in Illinois as Roadside Safety Checks (but we know what they are, don't we?), and we'll post what know about here.

For now, know that the Skokie police department will be out in force making DUI arrests on the following dates, times and locations.
  • Friday, Aug. 24 – 25, 2012, 11:15 p.m. – 3:15 a.m., 5005 Dempster St., Skokie IL
  • Sunday, Sept. 02 – 03, 2012, 11:15 p.m. – 3:15 a.m., 5200 Touhy Ave, Skokie IL
DUI Roadblock arrests are valid in Illinois if the police follow the rules, but absolutely can be defended by experienced DUI lawyers, so if you find yourself in a pickle as a result of one of these "show me your papers" stops, call us at Fagan, Fagan & Davis at 847-635-8200, and we'll be happy to discuss your defense.

Here's the original publication in Skokie's "Patch" -

Seat Belt, DUI Checkpoints Scheduled for Labor Day Weekend

Tuesday, August 14, 2012

Does taking the DUI breath test mean automatic guilty? Definitely not!

Motorists arrested for DUI in Illinois typically take a breath test or other chemical test, like blood or urine. Illinois law is structured to encourage people to take the breath test, and police officers are trained to push them as well. 

The vast majority of those who do submit to breath testing blow a 0.08 or above, the legal limit under Illinois law as well as nationwide. A common question we get at Fagan, Fagan & Davis is if you took the breath test and the result was 0.08 or higher, is there any chance of winning the DUI?

In some cases, yes there certainly is - but far too many defendants and lawyers give up without a fight and plead guilty without ever exploring issues real DUI lawyers look at every day to help their clients.

Watch the video to learn more, then, if you're facing a DUI in the Chicago area, pick up the phone and call our office to discuss!

Wednesday, August 8, 2012

Weird DUI of the Day: Pastor suspended after DUI, nude-driving arrest

The truth? People of all stripes (and some without stripes at all, or anything for that matter) get arrested for DUI every day. Even well-liked pastors. Even naked.
Pastor suspended after DUI, nude-driving arrest

Seriously, based on the article and other reports, it is entirely possible that there is more to the story here, and prescription drugs may have played a part in this unexpected situation. Hopefully, the pastor engages the services of a DUI attorney that will take a careful look into . . . the bare truth.

Wednesday, August 1, 2012

First DUI Arrest? How long will that Statutory Summary Suspension last?

It was a bad night. A police officer has just arrested you for DUI in Chicago, maybe in the suburbs or on the highway by the Illinois State police or some local police department. You're tired. You're confused. You're scared. Maybe you had something to drink or smoke (allegedly).

And then the officer reads you a bunch of stuff and hands you some papers. Maybe you'll even try to read them.

When arrested for DUI in Illinois, you're supposed to be warned that if you take a breath test or a blood or urine test and show a positive result, you'll be suspended for a certain amount of time. You're supposed to be told that if you refuse any test, that changes the amount of time.

Here's what you need to know to decipher all that mess.