The Law Offices of William Margolin

Why Is It Not A Good Idea To Plead Guilty To A DUI Case?

Unless you are an expert in the area of criminal defense, and particularly in DUI law, you have no idea what is going on. You have no idea what a good ending to the case is, and you have no idea whether or not you have a very triable case. You have no idea what the process and procedure is. It is understood that nobody wants to go into lawyer’s office after getting a DUI. Nobody wants to have to deal with the stress of going to court, having to pay the money to the lawyer, and the courts. Just like when my car breaks down, I really do not want to pay the mechanic to do what he needs to do.

However, I do not have the expertise to deal with that, and God forbid I even try to fix the car; I would not want to have to drive it knowing that I am the one who fixed the car, because I would not have much confidence that what I did was the expert thing to do. Therefore, in regards to pleading guilty right off the bat, you have no idea what the result is going to be. You do not have an idea if the prosecutor is acting legitimately toward you, or if the judge is. You have nobody protecting your interest, which is important when dealing with any type of court case.

What Happens After Someone Is Pulled Over On Suspicion Of DUI?

If you are pulled over on a suspicion of a DUI, that officer has to have probable cause on stopping you. He has to observe you violating the law, or he believes that you are about to violate the law. He cannot pull you over just for the sake of pulling you over. He cannot pull you over based on racial profiling, or because he does not like a car that has fuzzy dice, or big wheels. He has to observe you violating the law, or he reasonably believes that you are about to violate the law. Generally, you have people who are getting pulled over for speeding tickets, or minor traffic violations, such as headlights, or taillights broken, and if the officer runs the plates of the vehicle, and it shows that the registered owner of the vehicle has a revoked license, and is a white male, that is probable cause.

The officer looks in and sees a white male driving the car that is grounds for the officer to legally pull you over, or it was involved in an accident. In that situation, he is not pulling you over at all. The vehicle has already stopped you are already involved in an accident he is investigating. Generally, what happens after that, the officer will smell an odor of alcohol on your breath, slurred speech, he will ask you questions, and you might not be answering them correctly, or the way that you answer the questions suggests to the officer that you might be intoxicated. He will ask if you have been drinking.

In the state of Illinois, like every state in this county, it is illegal to drink and drive. There is not one state in a country, or territory in the country, which says you cannot drink and drive. The law said you could not be under the influence, and drive. I am allowed to go out with my wife, have a glass of wine, and come home. If the officer pulled me over for speeding, he would smell alcohol on my breath and I could tell him I had one drink, and there will be nothing inherently wrong with that. The problem is when you have had substantially more than one glass of alcohol, and you go over the limit, which in the state of Illinois if you blow into the machine, submit to a chemical test is 0.08%. If you have any legal drugs in your system, the law states that you can be charged with a DUI, whether you blow into the machine or not based on what the officer sees.

If you are driving all over the road, and you did terrible on the field sobriety tests, you just told him you have been drinking, whether you submit to a chemical test or not, you are going to get arrested for a DUI. At that point, in time, the officer will make a determination based on what he has observed with the driving, the odor of alcohol, bloodshot eyes, and slurred speech to get you out of the vehicle. He will ask you to perform field sobriety tests those are recorded. However, the law does not mandate that the officer record those, but most police departments, that I deal with have smart car video machines not only to obtain the evidence, but also for their own protection in case they get accused of crime, or accused of malfeasance during a traffic arrest or a traffic offense.

Depending on how you do with the field sobriety tests, the officer will then have you blow into a PBT. At that point, if you blow into the machine, and blow above a 0.08%, taking that into consideration with how you did in the field sobriety tests, along with what he observed when he spoke to you, he will make a determination on whether or not to arrest you for DUI. If you blow above the legal limit, blowing into the portable breath test machine, it is guaranteed regardless of how you did on the field sobriety tests that he is going to arrest you for a DUI.

For more information on Pleading Guilty To A DUI, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (847) 623-2424 today.

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