Do you need a lawyer for your DUI arrest in Illinois?

Subtitle: Do you need a cardio-thoracic surgeon or will you be performing your own heart surgery today?

Really. That's about the size of it. DUI in Illinois has so many potentially far-ranging consequences that it makes the question seem almost silly. In fact, if for some strange reason you appear at your first court appearance without an Illinois DUI lawyer, the very first thing you'll likely hear from the Judge is "where is your attorney?"

That isn't the Judge being smart-alecky (though some members of the bench are pretty adept at that). If you tell a Judge you don't have an attorney for a DUI, watch their face as they attempt to stop themselves from rolling their eyes. Most of the time they'll be successful just because they're too busy, but sometimes you might catch them in the act.

DUI isn't a traffic case. It isn't a criminal case. It isn't a seminar on forensic science. It isn't civil litigation. No, in Illinois, it's all those things and more. There are aspects of every one of those fields involved, and punishments range from the civil, such as driver's license suspension or revocation, to the criminal, including jail or prison time, significant fines, community service, and alcohol or substance treatment. DUI can affect your future employment prospects, social standing, and where applicable, immigration status.

In short, you need a lawyer. A lawyer that focusses on defense of DUI.

Now.

Arrested for DUI. Lost Job. DUI Dismissed. Justice?

It happens. People get arrested for DUI and other criminal offenses every day. Many face the fear they'll lose their jobs over it. If their jobs are public enough, sometimes they even feel pressure to resign though they have a great criminal defense attorney, have every intention of fighting for themselves, and might actually not be guilty of the charges they face.

Consider the sad tale of one J. Randolph Babbitt. Yes, that Babbitt, the former head of the Federal Aviation Administration, who resigned in shame over his DUI arrest amid public outcry. UPI reports today that Mr. Babbitt's DUI was recently dismissed due a violation of Babbitt's Constitutional rights protecting him (and you) from unlawful arrest. The police must have probable cause to make an arrest for DUI, and in this case, the Judge did not see it.

Meanwhile, Mr. Babbitt is out of a job.

Justice?

Troy Davis and the integrity of the legal system

Readers familiar with the Troy Davis case out of Georgia might wonder what I'm doing posting about this on a DUI blog.  Good question.  


For one thing, I focus on criminal defense in Illinois as well. For another, one of the great problems presented by DUI investigation and prosecution is a problem of general integrity in the legal system. 


Here we have just such a problem.  Seven of nine key witnesses have recanted their testimony?  When we, as a society, execute people, there must be no room whatsoever for doubt.  Even if Troy Davis is guilty in fact, and not just in law, this is a failure of our system of justice and a blight on it's integrity.


High court refuses to block Troy Davis execution  | ajc.com

Evidence disallowed by the trial Judge shown in Clemens Criminal. Result? Mistrial.

In any criminal court trial, the Judge decides what evidence is admissible and what is not - they serve as a gatekeeper. Nowhere is this more important that in a criminal Jury trial. The Court in Roger Clemens' criminal perjury trial decided that certain evidence was inadmissible and would unduly prejudice the defendant, in this case, The Rocket himself.

This legal process of having the Judge serve as a gatekeeper of information is fundamental to our system of justice. The Judge is charged with preserving the integrity of the system, and most importantly, with assuring fundamental fairness. Nowhere is this more important than a case where freedom is at stake, like in a criminal trial or, you guessed it, a DUI trial.

Why after a direct order would a prosecutor attempt to introduce the prohibited evidence or exhibit? What do you think?

6 months jail for yawning in an Illinois criminal courtroom

As a lawyer, it surprises me sometimes when people call or visit my office seeking legal advice, then ask "do I need a lawyer for this?" My typical response is that my younger brothers all grew up with the law at their breakfast table (Dad is a lawyer, and as such, frequently worked through dinner - I wasn't paying attention to that fact and here I am), but I wouldn't send any of them to court alone for a speeding ticket.
Now, thanks to an Illinois criminal court Judge, I have another example why apparently, not even observers attending court in support of a loved one are safe when entering a courtroom:
Judge sentences man to 6 months in jail for yawning -- chicagotribune.com

Posted using ShareThis