Free Illinois DUI Advice
Ok, so you are in that shock and awe phase of the cold realization that yes, you were stopped by local law enforcement, and regardless of all that you did, said, complied and conveyed, you were arrested for Driving Under the Influence in Illinois…
If this DUI occurred in Lake or McHenry Counties of Illinois, email me your arrest documents at DavidZipp@lawyer.com (mailto:DavidZipp@lawyer.com) or call me at 847-980-3610 or fax them to 847-201-2574. As you do your frantic web search on DUI attorneys, DUI laws, and all the hints, tricks, and inside advice you can find, all I ask you to do is read the following generic, real advice and decide for yourself if it is of benefit to you. An informed client is my best client.
Reading this file, and calling or emailing me does not create an attorney/client relationship. However if you are facing a DUI charge in Illinois, when you are calling around, if you do not hear the following advice from another attorney, perhaps that attorney is not the attorney for you. I give away this advice that others charge you for because above all aspects, I know you are a busy real person who needs help now. If through our subsequent discussions, we decide that I am the attorney you want to represent you, all the better. Nonetheless, by being informed, you at least know what is going on.
First Piece of DUI Advice:
Arm yourself with the Law and Educate yourself on DU!
The fact is the Illinois Secretary of State’s Office governs the issuance of your driver’s license. Further, they keep detailed and accurate statistical numbers of all DUIs in Illinois, who gets them and their outcomes in Court.
You can find the 2012 Illinois Secretary of State DUI Fact Book at the Illinois Secretary of State’s webpage, on the www.ZippToCourt (http://www.zipptocourt/) website, or simply click here: http://tinyurl.com/IL2012DUIFactBook (http://tinyurl.com/IL2012DUIFactBook)
Educate yourself. Read the law; look at the real outcomes of thousands of DUI cases all over the State.
Second Piece of DUI Advice:
Get your Physical Driver’s License Back!
When you are arrested for DUI, most of the time, the arresting officer and their agency take your physical driver’s license into custody. You in turn get a very lovely piece of paper with the words ‘Warning To Motorist’ on it as your receipt and temporary license to drive.
In our modern world, the most common form of identification is your State issued ID card. Since most of us do not have any other State issued identification card OTHER than our driver’s license, not having physical possession of your driver’s license can cause you all sorts of headaches and other issues. Think of how often you show your ID for non-driving related circumstances in your life – cashing a check, taking a test, opening an bank account, or just proving you are who you say you are, etc.
Remember that Warning To Motorist paper is not a valid form of ID and by showing it to anybody, you are effectively screaming at the top of your lungs that “Hey, I am accused of being a drunk driver!” Not the best way to identify yourself.
So acting under the presumption that you had a valid license when you were stopped for DUI, (you will not get suspended and revoked licenses back) go get your license back! If you were arrested by a municipality, say a Village law enforcement agency, it takes a few extra days over the County law enforcement agencies, but eventually the Clerk of the Court in your County will have a file on you which contains copies of all the citations you were issues, your Warning To Motorist and potentially other documents regarding your case.
If your license was valid and current when you were stopped for DUI, you have forty-five (45) days eligible to drive before any suspension kicks in. Use this time wisely. Give a reasonable amount of time for your license to be transported to the Clerk of the Court in your County, and then go Bond it out. A reasonable amount of time is about a week.
Yes, you can post a Bond at the Clerk of the Court and get your physical license back. Currently, the bond is three hundred dollars ($300.00). This Bond will be applied to any Court costs or fines you end up having in your case.
Do not be rude to any Clerk of the Court employee. They are not attorneys, not law enforcement, and do not know anything about your case.
I highly recommend you CALL the Clerk of the Court prior to just showing up at their office, give them your name and ticket numbers and let them verify that your license is indeed in their possession and that you are eligible to bond it out. I also recommend you confirm with them what the bond will be on your license. To avoid fees or delays, I highly recommend bringing CASH to the Clerk’s office.
In Lake County, Illinois, the Lake County Circuit Court Clerk is located at 18 North County Street, Waukegan, Illinois 60085 and can be reached at 847-377-3380. This physical office is located in the lower level of the main courthouse building. The best entrance is the one adjacent off of Washington Street. Metered parking is available.
In McHenry County, Illinois, the McHenry County Circuit Court Clerk is located at 2200 N. Seminary Avenue, Woodstock, Illinois 60098 and can be reached at 815-334-4190. This office is located on the main floor of the McHenry County main court building. There is ample free parking in front of the Court complex.
Third Piece of DUI Advice:
Get a ‘Court Purposes Abstract’ on Yourself!
While calling every DUI attorney you can find sure can be a fun way to spend a morning, you and your attorney need to know what the Prosecutor and the Judge in the case are going to see when it comes to your driving history. I have never seen a Prosecutor, municipal, Village, or Assistant State’s Attorney not examine and consider the driving record of a DUI defendant in structuring a plea offer or accepting a negotiation that I have proposed. By the same token, many if not all Judges either look at the driving record or expect the Prosecutor to have examined this history prior to bringing a plea offer to the Judge for their consideration and approval.
All you have to do here is physically visit any of the numerous Secretary of State facilities. They have an office locator based on your location here: http://www.ilsos.gov/facilityfinder/facility (http://www.ilsos.gov/facilityfinder/facility)
When you get to the facility, go to the counter and purchase a ‘Court Purposes Driver’s Abstract” on yourself. There is a nominal fee.
This Court Purposes Abstract is what the Court sees and is not necessarily what your insurance company has.
This document will greatly assist your attorney on your particular and unique DUI case.
Fourth Piece of DUI Advice:
Consider The Next Step!
If you followed step 1, you will see that eighty-five percent (85%) of all DUI arrests in Illinois are for first time offenders, and ninety-five (95%) of all DUI’s in Illinois result in conviction or Supervision. If this statistic might even apply to you, be realistic and honest with yourself, and your attorney. We live in a world of digital video and exceptional Police training. It is exceedingly likely that your DUI arrest, and most if not all of your time in custody is recorded on digital video.
Many local police departments routinely even have audio and computer assisted information such as temperature, speed of the vehicle and even which lights and signals are utilized by the Officer. The bottom line is when you and your attorney obtain these videos and other evidence through the Discovery process, there is likely not much that will be left to the imagination in terms of what a Judge or Jury will see.
Again this is general advice and your situation may be unique and unusual, but presume for a moment that perhaps the best course of action is to save yourself as much time and effort as possible, not to mention the not minimal Court costs, and begin to arm yourself for the best plea possible.
No Judge in Lake or McHenry or likely any County in Illinois will accept a DUI plea without a DUI evaluation. I cannot encourage you enough to speak to me prior to scheduling and attending a DUI evaluation, but in any event you absolutely must have a DUI evaluation performed if a plea is to be considered.
This website can always be found at http://www.zipptocourt.com (http://www.zipptocourt.com/)/ under the Zipp To Legal Research tab or simply click here http://www.zipptocourt.com/Zipp\_To\_Legal\_Research.html (http://www.zipptocourt.com/Zipp_To_Legal_Research.html) Other helpful legal research links can be found under that tab as well. As always, educate yourself.
You will likely have a treatment requirement. You are not required to return to NICASA for this treatment. Treatment can be completed after a DUI plea has been entered. The cost of treatment varies by provider.
If your DUI was in McHenry County, you must still have a DUI Evaluation performed, but you do not have to utilize any one specific provider. Through my experience, I highly recommend Weckler and Associates for this DUI Evaluation. Their website is http://www.wecklerandassociates.com/ (http://www.wecklerandassociates.com/)
Weckler and Associates has two locations, one in McHenry and one in Lake County. In either County, you can choose any licensed provider for any necessary treatment. Again, I endorse Weckler and Associates. Their Gurnee, Illinois facility can be reached at 847-662-5588. Their McHenry, Illinois facility can be reached at 815-344-6900.
Final Piece of DUI Advice:
Think and Choose Wisely!
It is my sincere hope that these previous pages help you in your DUI case. I would be honored to be considered to serve you as your DUI Attorney.
I can be reached by phone at 847-980-3610
I can be reached by fax at 847-201-2574
Drop me a line at P.O. Box 456, Ingleside, Illinois 60041
In any event, good luck with your DUI case!