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Charles Stanley Beach II
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Charles Beach’s Answers

41 total


  • I got put on court supervision for driving on a suspended license will they drug test me?

    They didn't say anything about drug testing

    Charles’s Answer

    Generally a plea to driving on a suspended license will not result in drug testing unless specified by the court. However, If you have been ordered to report to a social worker and must check in on a monthly basis, it is possible that the social worker can require a drug test, particularly in Cook County. A local circuit court rule allows for 2 random urine drops during a period of supervision when being monitored by the Social Services department.

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  • Officer kept driver's license as bond for a minor moving violation but the ticket was never entered into the system

    Hi, I received a traffic ticket in Chicago for "U-turn within 100 ft. of intersection." The police officer for some reason kept my driver's license as bond. I went to the clerk of court in person to pay the ticket and get my license but the cl...

    Charles’s Answer

    • Selected as best answer

    This is a common problem with Chicago Police and the Cook County Clerk. The statute requires the officer to turn in the ticket within 14 days. However, they often do not and you have no action against them for failing....not even a motion to dismiss. Check back periodically, the license and ticket will eventually appear.

    Going to the district will be a waste of time. This exact scenario has happened with 3 of my clients within the last two months.

    Charlie Beach

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  • I was caught swerving around a truck going 100 in a 55 on i-94. Clean record, 21 years old, on my birthday. Any advice?

    Was not under the influence, but it was a state trooper at 4 a.m. and I was tired. The ticket also includes trailing too close behind a car and improper lane usage. I've only gotten a speeding warning before. Please help!!

    Charles’s Answer

    There are not many defenses available to aggravated speeding, which is what you are charged with. If you are to find a defense it would be in the fallibility of the device used to detect your speed. These cases often require us to negotiate with the state down from the serious crime to a lesser offense. At this juncture you should start preparing mitigation, hire an attorney and begin the process of formulating a defense.

    CB

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  • Am I going to get a violation for this?

    To give you some background details. I am a first time offender. I am considered minimal risk. I am also on an extended suspension because I had one violation. Today, I was heading home from work and my BAIID asked for a rolling retest. Well I...

    Charles’s Answer

    You will receive a violation notice from the SOS. You should have an attorney prepare, draft and send the letter of explanation. You have a situation that the SOS will likely understand and give you a pass on. Does your BAID have a camera to identify you as the breath tester. That would help solidify the significance of the second blow being zero.

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  • Are front window tints illegal

    My front windows are tinted at 40%. The shop who did them said 35% is legal for the front and as dark as I want in the back. I drive a ford explorer. I've been pulled over a couple times and the police never said anything about the tint. Today the...

    Charles’s Answer

    • Selected as best answer

    (a-5) No window treatment or tinting shall be applied to
    the windows immediately adjacent to each side of the driver,
    except:
    (1) On vehicles where none of the windows to the rear
    of the driver's seat are treated in a manner that allows
    less than 30% light transmittance, a nonreflective tinted
    film that allows at least 50% light transmittance, with a
    5% variance observed by any law enforcement official
    metering the light transmittance, may be used on the
    vehicle windows immediately adjacent to each side of the
    driver.
    (2) On vehicles where none of the windows to the rear
    of the driver's seat are treated in a manner that allows
    less than 35% light transmittance, a nonreflective tinted
    film that allows at least 35% light transmittance, with a
    5% variance observed by any law enforcement official
    metering the light transmittance, may be used on the
    vehicle windows immediately adjacent to each side of the
    driver.
    (3) (Blank).
    (4) On vehicles where a nonreflective smoked or tinted
    glass that was originally installed by the manufacturer on
    the windows to the rear of the driver's seat, a
    nonreflective tint that allows at least 50% light
    transmittance, with a 5% variance observed by a law
    enforcement official metering the light transmittance, may
    be used on the vehicle windows immediately adjacent to each
    side of the driver.

    Also, as of Jan 1, 2014 municipalities can no longer have laws that conflict with the state law on tint.

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  • Did the initial pull-over have probable cause?

    While driving at little after 9PM and cruising a blunt, I noticed a DUI checkpoint up ahead, soI turned off onto a side street. An undercover cop was right off the turn, and pulled me over right afterwards. He asked if I was going to one of the h...

    Charles’s Answer

    Based on the limited facts you have provided, you have the makings of a motion to suppress based upon a fourth amendment violation. The officer to effectuate a stop on your vehicle must have a "reasonable and articulable suspicion" that a crime has or will be committed. There are exceptions to this rule, most notable being the concept of an officer being a "community caretaker" and as such an entity has the right to stop people or approach vehicles that have people asleep inside.

    Goodluck and hire the best counsel you can.

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  • Should I wear a suit, and tie to a DUI motion hearing?

    I assumed that's what I was supposed to wear, but my lawyer said that is admits guilt and sport short and slacks should do just fine? Good advice, or bring the extra just in case? All opinions welcome. It's not in Chicago, but kind of a middle cla...

    Charles’s Answer

    I would recommend at the very least wearing a tie and a coat. Judges appreciate that you take court seriously and respect the formality of the courtroom.

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  • Two days ago I was pulled over for running a red light. When the police stopped me he searched my car and found open alcohol

    in the car. I was then arrested for a DUI. When I asked to contact my lawyer they would not let me for at least 4 hours. Once I got out on bail I had a court date set for early Dec. What are my options?

    Charles’s Answer

    First-- consult with an experience DUI attorney
    Second-- Ask that attorney to file a challenge to the soon coming summary suspension.
    Third -- see the first again.

    Do not be so concerned with the open alcohol, the real case is the DUI.

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