Illinois DUI Lawyer Blawg

With St. Patrick's Day approaching, now is a good time to understand your rights if you are arrested for DUI in Springfield Illinois. Many of these arrests occur when a driver encounters a DUI roadblock. Instead of referring to it as a roadblock, police use the term "roadside safety check". That sounds so nice; after all, who could object to something done for "safety"?

The federal government encourages these intrusions on your privacy, as most of them are funded from grants through the United Stated Department of Transportation. Last St. Patrick's Day, Springfield Illinois DUI roadblocks were set up.

Fortunately, in order to protect its citizens from Gestapo-like tactics ("may I see your papers"), the courts have established some ground rules for implementation of the roadblocks. A rogue cowboy cop out on the street cannot decide it's a good time to establish a DUI roadblock. Rather, a supervisor must select the site for the roadblock.

Furthermore, the supervisor cannot decide at 5:00 in the evening that now is a good time for roadblocks. The intention to establish one must be made apparent to the public in advance. That is why you will often read in the newspaper or hear on the radio or television of the authorities' intention to set up a roadblock.

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Springfield is the capital of Illinois. As such, many state agency directors operate their motor vehicles in Springfield and surrounding Sangamon County. Warren C. Ribley is the director of the Illinois Department of Commerce and Economic Opportunity. Ribley was arrested for DUI in the Springfield area.

According to Leland Grove (a village adjacent to Springfield) police, Ribley initially made an illegal right turn on red. A police officer followed Ribley and paced him traveling 45 MPH in a 35 MPH zone. Finally, the officer claimed that Ribley changed lanes without signaling.

After pulling over Ribley, the officer detected an odor of alcohol on his breath. Ribley refused both standardized field sobriety testing and breath testing. He was then charged with DUI.

Police cannot stop you just because they think you "look suspicious". Rather, they must have a reason, or they must have roadside safety checks set up with specific requirments about when, where and how they are run.

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John Cullerton is the Majority Leader of the Illinois State Senate. Because of how the Illinois General Assembly operates, this position provides Senator Cullerton with a great deal of authority over Illinois laws, including DUI laws.

Cullerton's son, Garritt, was arrested for an Illinois DUI last year. The circumstances of Cullerton's DUI arrest have been previously reported. Recently, Cullerton pled guilty to the DUI. He was sentenced to two years of non reporting probation (knows as conditional discharge), fined $1,250, required to obtain a drug and alcohol evaluation and perform 240 hours of community service, in place of 10 days of jail time.

The above appears to be a standard disposition for someone who has had more than one DUI arrest. The more interesting part of the case involves Cullerton's overall driving record.

Cullerton has two previous DUI arrests. One of them was dismissed. In the other case, he was granted court supervision.

In a plea of court supervision, you plead guilty to the offense. However, the judge withholds entry of a conviction and later dismisses the case. So while you plead guilty, because you are not convicted, you avoid a driver's license revocation.

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Effective January 1, 2011, the fines for an Illinois DUI have increased by $250.00. Keep in mind that the fine is just one cost of a DUI. According to the Illinois Department of Transportation, the cost of a DUI offense can be as much as $19,000 when all expenses are taken into account.

When you are arrested for DUI, the meter starts running. Your vehicle will be towed and you will be required to pay the tow fine in order to recover it. You must post bond (bail) in order to avoid being detained in jail.

If you are found guilty of DUI, you must pay a fine. The fine varies by county. A Springfield Illinois DUI will cost $1,530 as of January 1, 2011 for a first offender who receives court supervision.

Upon receiving court supervision, you must obtain a drug and alcohol evaluation. You must then complete all the risk education and alcohol counseling that the evaluator recommends.

If your license is suspended due to refusing to take the breath test or registering over the legal limit of .08, you must, if you wish to drive during the period of the suspension, obtain an MDDP and install a BAIID at your expense. You must pay a fee to the BAIID installer and to the Illinois Secretary of State. In addition, once the suspension ends, you must pay the Secretary of State a reinstatement fee.

Continue reading "Costs for Springfield Illinois DUI increase in 2011" »