I got my first should DUI last night, should I use free legal council or pay for a lawyers, and what are my chances of obtainin: I got a DUI last night. I failed the field sobriety test and was taken into custody. When we got there I asked if I could talk to legal counsel and was told no. They then told me that if I didn’t blow I would automatically lose my license for a year, whereas if I blew and failed, I would lose my license for 6 months. I blew a .133. I am a single mother, what would my chances of getting a work permit to drive to work, daycare, grocery store, ext. be? Also, would it be in my best interest to obtain a lawyer or just use a public defender?
Kathryn’s answer: Typically speaking, in the Cook County, Illinois, Rolling Meadows courthouse, if you paid money to bond out of jail, you will not be deemed eligible by the court to be represented by a public defender. It is always in your best interest in an Illinois DUI case to be represented by a lawyer. In fact, many judges will refuse to resolve your case unless you have an attorney. DUI laws are very complicated. Hiring an experienced DUI attorney can play an important part in helping you keep your freedom, your kids, your employment, your driver's license and much more.
Can you be charged with a dui if not caught behind the wheel of the vehicle?: My car side swiped a parked car during the ride to the bar i was arrested at. I do not believe I was driving my car at that time nor did I realize what had even happened. Upon arrival at the bar i was arrested at I had 2 shots and 2 drinks before I was arrested.
Kathryn’s answer: Yes, you may be charged with DUI even if the arresting officer did not see you drive the vehicle. In Illinois, you may be charged with DUI of alcohol or drugs if you are in actual physical control of any vehicle under the influence. Did you give your keys to someone else? If not, you could be deemed to be in control of the vehicle while drinking. You should retain a qualified DUI lawyer in your area in Illinois to assist you in presenting your best defense. DUI cases are complex and turn on the independent facts of each DUI arrest.
How do I add my name as beneficiary to our home in the event something happens to my husband? Right now it's his mom and son.: My husband purchased the home before we got married, and has yet to change the deed or other legal documents that would list me as the beneficary. He was told he had to either modify the deed or create a living will. If something happens to him, the house should go to me. I don't want to end up in a nasty battle over ownership with his son.
Kathryn’s answer: Does your husband want the property to go to you upon his death? And, if so, do you have a pre-nuptial agreement that prohibits this? Your husband should consult with a family law attorney who handles both estate planning and pre-nuptial agreements to discuss how the title to the property will be transferred, and to whom it will be transferred, upon his death. Only he can make the title to the property pass to you upon his death.