Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    Mar 2010
    Posts
    3

    Default First DUI in Illinois

    My question involves criminal law for the state of: Illinois


    Alright so Sunday morning at 1:00AM I was parking my car and ended up bumping the car behind me. The owner of the car was walking right past and saw what happened and called the cops. One of his friend reached through my window and took my keys out of the ignition. After he took my keys I got out of the car to see the damage. My car had nothing but a little bit of paint from the other car and the other vehicle had a scuff in the paint if that.


    A few minutes later the cops showed up, mind you I do not have my keys and I'm standing on the sidewalk behind my car. I talk to the cops and they give me two field sobriety tests and then arrest me for DUI.

    Now my question is can they give me a DUI even though I wasn't in my car nor did I have my keys. When they took me to the police station they asked me to blow and I refused. They gave me a Notice of summary suspention which states "Driver in minor vehicle accident, strong odor of consumed alcohol coming from breath, red blood shot eyes, performed poorly on FSTS" and gave me a ticket for DUI, improper backing and not having proof of insurance.


    Do I have a chance to fight this ticket?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: First DUI in Illinois

    Now my question is can they give me a DUI even though I wasn't in my car nor did I have my keys.
    Surely you don't intend to claim that you were standing on the sidewalk, directing your car to hover itself into a parking spot with the sheer force of your will when the accident occurred. Do you?

    Of course not. You were driving the car when the accident occurred. You were intoxicated. You don't need to be in your car or in possession of your keys when the cops show up to be charged with DUI. Probable cause here abounds.

    Do I have a chance to fight this ticket?
    I wouldn't lay odds on you, no.

  3. #3
    Join Date
    Jun 2008
    Posts
    273

    Default Re: First DUI in Illinois

    I would expect the witnesses to have to testify that you were driving, unless you already admitted that fact to the police. If they don't show up then they may have little or no evidence you were actually driving.

    You'd need a lawyer to know how to argue that point without putting you in a situation where you have to actively DENY driving, which would be perjury.

    1. Sponsored Links
       

Similar Threads

  1. Drunk and Impaired Driving: Second DUI in Illinois
    By SubaruFiend in forum Drunk and Impaired Driving Charges
    Replies: 1
    Last Post: 02-17-2010, 09:16 PM
  2. Drunk and Impaired Driving: DUI in Illinois
    By illinois1983 in forum Drunk and Impaired Driving Charges
    Replies: 5
    Last Post: 05-21-2009, 01:31 AM
  3. Minor in Possession: MIP in Illinois
    By z165206 in forum Criminal Charges
    Replies: 1
    Last Post: 03-10-2009, 07:50 PM
  4. Sex Offenses: I'm 18 and She's 17 in Illinois
    By dak0tah in forum Criminal Charges
    Replies: 4
    Last Post: 06-27-2008, 09:22 AM
  5. Chapter 7: Need help in Illinois
    By brooklyn in forum Bankruptcy Law
    Replies: 2
    Last Post: 06-05-2007, 04:32 AM
 
 
Sponsored Links

Legal Help, Information and Resources