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Can I be charged with the a DUI?

Peoria, IL |
Filed under: Criminal charges

I was in my car with my sister in law, the tire exploded, she walked to get help i was pushing the car when the police arrived...he asked for my license and insurance and......he proceeded to give me a sobriety test and i was arrested for a dui

Attorney Answers 10

Posted

You can be charged with anything. But unless there are other facts they can prove, it's unclear how they will establish your driving. Did you admit to driving? Did they interview your sister?

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7 comments

Asker

Posted

i honestly don't remember the entire conversation with the police they didn't interview my sister because she was not there when they were present....there were other people standing around and they did not ask anything

Edward Brandon Beckham

Edward Brandon Beckham

Posted

I agree with Mr. Solis. Your question does not include enough detail for a substantive answer; details are important because all claims and defenses are fact specific. At minimum, you should consult with an experienced local attorney about the specific facts and details of your case. A skilled attorney in your jurisdiction will know which questions to ask you about your situation in order to assist you with making an appropriate determination regarding your situation. This is a serious issue, treat it as such and consult with a local attorney. The answers in this forum can only provide you general information; none can really address the specifics of your case.

Anthony Michael Solis

Anthony Michael Solis

Posted

Well, the police don't charge you, a prosecutor does. You were clearly cited. Whether a prosecutor will review the police report and think they can establish driving is another question. They could prove "driving" through circumstantial evidence: it was YOUR car and you were pushing it. They could see your denial of driving as not credible or they could have gotten statements from someone, including you, admitting to driving. The prosecutor could just charge you and hope you don't go to trial (unethical) or you could win or lose at trial. Best to get an attorney to go over all of this with you and really test the state's evidence.

Judy A. Goldstein

Judy A. Goldstein

Posted

Proof of driving is not necessary in Illinois. Proof of being in possession of a motor vehicle is the basis for a DUI in this state.

Edward Brandon Beckham

Edward Brandon Beckham

Posted

You're only getting general observations in this forum - but, it is clear even from what you are reading from our comments that you need to consult with an experienced local attorney about the specific facts and details of your case. A skilled attorney in your jurisdiction will know which questions to ask you about your situation in order to assist you with making an appropriate determination regarding your situation.

Asker

Posted

I did not admit to driving and I was never asked was I driving I was asked did I hit something I said no.....

Judy A. Goldstein

Judy A. Goldstein

Posted

You do not have to be driving to be in actual physical control of a motor vehicle. Please do not put too much weight on the answers from out of state attorneys who do not know the law in Illinois. Mr. Walin is one of the DUI experts in this state. You can rely upon what he tells you.

Posted

Can you be charged with DUI? Since you were, obviously you can be. Please hire a skilled DUI defense attorney. You do have a defense but pushing a car with an exploded tire is going to be questioned.

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

I agree with Ms. Goldstein. Consult a local lawyer, licensed in your jurisdiction, with DUI defense as one of their focus practice areas. Don’t delay; talk with a lawyer right away. A skilled DUI attorney will know which questions to ask you about your case so that they can provide you competent representation.

Anthony Michael Solis

Anthony Michael Solis

Posted

Actually, the statute says "actual physical control" which isn't the same as possession. But it makes little difference to the bottom line here: you can be charged and you need a lawyer.

Posted

Your question does not include enough detail for a substantive answer; details are important because all claims and defenses are fact specific. At minimum, you should consult with an experienced local attorney about the specific facts and details of your case. A skilled attorney in your jurisdiction will know which questions to ask you about your situation in order to assist you with making an appropriate determination regarding your situation. Once you've met with a local lawyer you should be better able to make an informed decision as to how best to proceed.

This is not legal advice. This response is provided for general information only, as a public service. It is not to be relied upon as legal advice and does not create an attorney/client relationship; nor is it an attempt to create an attorney/client relationship. Consult with local counsel in your jurisdiction about the specifics of your case, which is the only way to gain true meaningful legal guidance and/or representation.

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Posted

Yes.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

I agree with Mr. Ivakhnenko. It is always advisable to consult a local lawyer, licensed in your jurisdiction. Once you've met with a local lawyer about your case you should be better able to make an informed decision regarding your situation.

Posted

A DUI can be established if you were in "actual physical control of a motor vehicle." This is a legal issue and you will need a lawyer to defend you.

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

Mr. Wallin makes a good observation. His comment underscores the fact that you need to consult a skilled attorney, licensed in your jurisdiction, who focuses on DUI defense.

Posted

Were the keys in the ignition? Where were they?

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

Mr. Kulerski asks some good questions. This emphasizes the fact that your question does not include enough detail for a substantive answer; details are important because all claims and defenses are fact specific. At minimum, you should consult with an experienced local attorney about the specific facts and details of your case. A skilled attorney in your jurisdiction will know which questions to ask you about your situation in order to assist you with making an appropriate determination regarding your situation. Once you've met with a local lawyer you should be better able to make an informed decision as to how best to proceed.

Posted

Can you be charged? Yes. The State can charge you with whatever they want. However, the real question is wether they will be sucessful in obtaining a conviction. If what you are saying is true, then you have an excellent defense. You should also have your summary suspension lifted as well. Yet, it is important that you hire a private attorney as the public defender cannot petition to have your driving privledges reinstated immeiately.

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Posted

It appears from the question that you were arrested for DUI. Immediately hire an attorney to represent you in this matter. I will assume the local prosecutor will argue to the court that you had control over the motor vehicle. An attorney representing will inquire with your regarding control over the vehicle and whether the vehicle is operable. Good luck.

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Posted

Did you admit to the police that you were driving? If not, the key questions is were you in "actual physical control" of the car. In determining the issue of APC a crucial question is where were the keys to the car located when the police arrived. Were they in your pocket? The ignition? Did you sister in law take them? In any event, if you made no admissions to driving, you have a good case. Even if you had the keys in the car, you have a good argument that you were not in APC, evidenced by the fact that you were pushing the car. Hard for the state to argue that APC when a defendant is outside the car and has determined that the car was inoperable.

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Posted

Yes, you can be "charged." The real question is: "how likely are you to be convicted?" To put it another way: what are your chances in front of a jury? Your question, as it was phrased, does not give me a lot to go on, but a few things come to mind. Such as: how is the state going to put you behind the wheel? Is there a suppression issue here? i.e. did the officer have sufficient evidence to conduct a DUI investigation? Sufficient evidence to arrest? etc. Having a full sit down with an experienced DUI attorney will give you an idea of what your real options are. A number of attorneys in town offer free consultations, such as myself. After a sit down an attorney can give you a better idea of what your options (chances) are.

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