In Illinois, people who have celebrated their 21st birthday are legally allowed to consume alcohol and cannabis. People cannot use alcohol or cannabis within their vehicles but are allowed to consume before driving. It is legal to drive after consuming cannabis and alcohol so long as the person is not impaired by the alcohol or […]
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One of the many duties of a police officer is to respond to and to investigate auto accidents. It is unusual for the police officer to have witnessed the auto accident. Many auto accidents, especially at night involve one of the drivers being under the influence of alcohol or drugs, including cannabis. The police officers […]
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As discussed in previous blog posts, there is a civil and criminal law component to each driving under the influence of alcohol or drugs (DUI) arrest. Illinois Statutory Summary Suspension hearings are civil proceedings. The Statutory Summary Suspension law applies to people arrested on publicly owned or maintained roadways. Many Assistant State’s Attorneys will not […]
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My goal in representing clients charged with Driving Under the Influence of Alcohol or Drugs (DUI) in Illinois is for the charge to be dismissed or for the client to be found not guilty of the charge. If that does not happen, a person who pleads guilty or is found guilty of DUI in Illinois […]
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There are certain mandatory sentencing requirements if a person is found guilty or pleads guilty to Driving While Under the Influence of Alcohol or Drugs (DUI) in Illinois. One mandatory sentencing requirement is to attend a Victim Impact Panel. A Victim Impact Panel is designed to help DUI offenders recognize the lasting and long-term effects […]
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Driving Under the Influence of Alcohol or Drugs (DUI) in Illinois is a serious criminal offense. There are many potential outcomes to a DUI case. DUI can be charged as a misdemeanor or a felony, depending on the circumstances. Criminal penalties can range from a minimum sentence of Court Supervision with conditions for a first […]
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As mentioned in other blogs, there are two cases within nearly every Illinois Driving Under the Influence of Alcohol or Drugs (DUI) case . There is the criminal part to every DUI arrest. A person charged with DUI, even a first offender is subject to a maximum jail term of 364 days in a county jail. A felony DUI offender could be subject to a term in the Illinois Department of Corrections. Additionally, a driver’s license Statutory Summary Suspension results from nearly every DUI arrest. This civil penalty begins on the 46th day after arrest and lasts for a minimum of six months to a maximum of three years and until the Secretary of State reinstates driving privileges. An indigent person in Illinois is entitled to the services of the Public Defender’s Office for representation in a criminal case that has a potential for a jail or prison term. This includes DUI cases. The Public Defender’s Office is prohibited from representing a person arrested in a Statutory Summary Suspension hearing, as this is a civil rather than a criminal matter. A judge must appoint a Public Defender. Appointment is not automatic. It depends on the finances of the person requesting the services of the Public Defender. The person arrested would not have to pay a legal fee for representation in the criminal DUI case if the judge appoints the Public Defender’s Office. The Public Defender’s Office cannot represent the client in the civil Statutory Summary Suspension portion of the DUI case. As noted, a person arrested and charged with DUI is essentially fighting two separate cases arising from the same arrest. Besides the criminal case, the person arrested is also faced with a Statutory Summary Suspension of driving privileges effective on the 46th day after arrest. There is a hearing process to try to overturn the driver’s license suspension. The Public Defender is not allowed to represent you in the civil Statutory Summary Suspension part of the case. The Public Defender is only allowed to represent you in the criminal DUI case. Appointment of the Public Defender’s Office prevents you from fighting the driver’s license Statutory Summary Suspension arising out of the DUI arrest. A Public Defender has an enormous caseload. A private attorney is usually more accessible and is more likely to be familiar with your case. This attention to detail could be the difference between winning and losing your DUI case. Additionally, the private attorney’s fee should include representation related to the civil Statutory Summary Suspension part of the case. Steven Herzberg of Herzberg Law Firm understands the financial hardship caused by a DUI arrest. That’s why he accepts a reduced initial retainer and monthly payments. Both the criminal DUI case and the civil Statutory Summary Suspension issued are included in representation. Don’t let the cost of retaining a private attorney stop you from asserting your rights and protecting your driver’s license by fighting the Statutory Summary Suspension of your driver’s license.
The first big game was January 15, 1968, at the Los Angeles Coliseum. The NFL champion Green Bay Packers led by Bart Starr defeated the upstart AFL champion Kansas City Chiefs by a score of 35 to 10. Now, some 56 years later, the game has taken on “super” importance in American society. According to statista.com, more than 99 million people in the United States watched last year’s big game between the Cincinnati Bengals and the Los Angeles Rams. This year should be another spectacular game. Kansas City against Philadelphia. Two great offenses with physical defenses. I’m looking forward to watching the game with friends and family. And let’s not forget the halftime extravaganza. I have been attending or hosting parties to watch the big game since the 1970s. I returned from my honeymoon just in time to watch the Chicago Bears become NFL champions after the 1985 season. Barbecued pork, chicken wings, chips, chili, gumbo, and red beans and rice (with and without andouille sausage) are among the menu items at these parties. People drink alcohol at these Sunday big game parties. Police are people, too. Police do not live in a vacuum. If history is a guide, police will be out in large numbers looking for impaired drivers. Unfortunately, I anticipate receiving several calls in the week following the big game looking for representation to defend against a Driving Under the Influence of Alcohol of Drugs (DUI) charge . It is never a good idea to drink and then drive. It is difficult to know whether you are impaired. If you drink during the big game, do not drive after. It is not worth the risk. Arrange for a sober ride home. Police can arrest you even if you have had only one drink. It does not matter if you do not believe you are impaired. You will have to defend against the charges even if you are innocent. Steven Herzberg focuses his practice on defense of people charged with DUI. Call Steve as soon as possible if you are arrested for DUI. He can help reach the best result following a DUI arrest.
Drive down any major highway in Illinois. You will see thousands of trucks bound for locations across the country. These 18-wheelers deliver raw materials and the finished goods we use every day. You’ve heard the slogan, “If you bought it, a truck brought it.” Nothing could be truer. The federal government regulates interstate commerce and the trucks that use the highways. The federal government is charged with promoting highway safety. As such, truck drivers are subject to significant state and federal regulation. A person must obtain a Commercial Driver’s License (CDL) to drive 18-wheelers (and other large vehicles) in Illinois. One must have a CDL to drive 18-wheelers and to earn a living as a CDL holder. Losing a CDL because of a Driving Under the Influence of Alcohol or Drugs (DUI) charge can lead to immediate job loss and have devastating legal and financial consequences. Steven Herzberg uses his extensive experience defending CDL holders charged with DUI to reach the best result for the client. Steven Herzberg takes quick action to try to preserve your CDL, immediately filing court pleadings to fight the Statutory Summary Suspension/Disqualification (SSS/D) of a CDL following a DUI arrest and, in appropriate circumstances, beginning negotiation with the prosecutor. A person with an Illinois CDL is licensed to drive commercial vehicles and passenger vehicles. CDL holders are federally regulated because drivers often travel between states. An arrest of a CDL holder for DUI in Illinois implicates federal and state statutes. A DUI arrest effects on a CDL holder to drive passenger vehicles only implicates state statutes. The legal limit for alcohol, when driving a passenger vehicle is .08 g/210L, the same as a non-CDL holder. The limit is reduced to .04g/210L, when the CDL holder is driving a commercial vehicle. A limit is further reduced to .02g/210L if the CDL holder is transporting hazardous materials. A DUI arrest has a civil and criminal component. A CDL holder suffers stricter consequences on the ability to legally drive a truck following a DUI arrest when compared with the consequences on the ability to legally drive a passenger vehicle. First, the civil consequences to a CDL holder. Failure to complete chemical testing or completing chemical testing with a result in violation of the DUI statute leads to a 12-month CDL SSS/D for a first offender. The SSS/D begins on the 46th day after arrest. A second failure to complete chemical testing or completing testing with a result in violation of the DUI statute results in a lifetime CDL SSS/D on the 46th day after arrest. Prompt action gives the CDL holder the best chance to win rescission of the SSS/D, possibly before the SSS/D begins. A rescission is the reversal of the SSS/D, so the record of the SSS/D is not on your driving record. As with any criminal charge, the burden is on the State to prove the accused guilty beyond a reasonable doubt of violating the DUI statute. If you are a first-time DUI offender and the State meets its burden of proof at trial or you plead guilty, you will suffer a one-year disqualification of your CDL. This is true, even if sentenced to Court Supervision. Your license to drive a passenger vehicle will not be affected if you successfully complete a sentence of Court Supervision. This is because federal regulation considers Court Supervision a conviction, unlike the Illinois Secretary of State. A second DUI conviction will result in a permanent revocation of a CDL. It will also cause the Illinois Secretary of State to revoke your license to drive passenger vehicles. There are many possible outcomes for a CDL holder charged with DUI. Each case has different facts and each person charged has different goals for the outcome of the case. Time is very important in all DUI cases . This is especially true for a CDL holder. Contact Steven Herzberg today if you are a CDL holder and arrested for DUI. Steve has defended dozens of CDL holders arrested and charged with DUI in Illinois.
As noted in my recent blog post about the vehicle in motion, police officers receive extensive training in Driving Under the Influence of Alcohol or Drugs (DUI) detection and enforcement during police training. Additionally, police officers take refresher courses in DUI detection periodically throughout a police officer’s career. Police officers are trained using standards and procedures promulgated by the National Highway Traffic Safety Administration (NHTSA). NHTSA publishes training and educational material for use by police officers in DUI detection and enforcement courses. These training manuals offer extensive, detailed information on the effects of alcohol and its impact on driving and motor skills. I am in possession of and have reviewed several of these NHTSA training manuals including instructor manuals, participant manuals and refresher manuals. The manuals divide the areas of a DUI stop into phases. Phase 2 is the observations a police officer makes once the vehicle is stopped. This is called the Personal Contact portion of the DUI investigation. Police officers are taught that these following indicators are excellent predictors of DUI. Police officers are trained to get as close as possible to a driver to make observations of his or her eyes and breath. Police officers are looking for an odor of alcoholic beverage and red, bloodshot, glassy eyes. Police officers are trained to observe whether a driver has difficulty operating the vehicle’s controls or whether a driver has difficulty finding a driver’s license and insurance information and removing those items from a wallet or purse. Police officers will listen to responses to questions to see whether the person provides appropriate answers, whether the person provides consistent answers to the questions or whether the person is slow to respond to questions. Police officers will also listen to speech patterns attempting to determine whether speech is slurred, garbled or responses are delayed. A police officer is trained that repeating questions or comments could be an indicator of alcohol impairment. Finally, police officers watch a person exit the vehicle. Difficulty exiting the vehicle, using the vehicle for support, swaying, unsteadiness, or balance issues could be indicators to the police officer that a driver may be impaired. The police officer will note all behaviors exhibited in determining whether to continue a DUI investigation. Police officers are trained to lean towards continuing a DUI investigation even if only a few of the above indicators are exhibited. A DUI defense attorney must have a good knowledge of NHTSA training. It is of the utmost importance your attorney knows what a police officer is looking for in a DUI investigation. Steven Herzberg focuses his practice on DUI defense. He studies DUI police training manuals so he knows how a police officer is supposed to be trained and when a police officer does not follow training. This knowledge is critical to a successful DUI defense.