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Illinois Dui Law
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Although most Driving Under the
Influence of Alcohol (DUI) cases in Illinois are written on
Uniform Traffic Citations (tickets), make no mistake about it, a
DUI charge is not a simple traffic matter.
A DUI arrest in Illinois initiates both a criminal prosecution
and an administrative suspension (summary suspension) of
person’s driving privileges. In Illinois, a first time offender
charged with DUI can be imprisoned up to any term less than one
year, and fined up to $2,500.00. Further, a conviction for DUI
will revoke a person’s driving privileges. In a DUI criminal
prosecution, like all criminal charges in Illinois, the
Prosecution has the burden of proving the case beyond a
reasonable doubt.
The summary suspension action is significantly different. In
this action, civil, rather than criminal rules of procedure
apply. Accordingly, the driver, not the Prosecution, has the
initial burden of proof.
Persons 21 years of age or older can challenge the summary
suspension action by timely filing a petition to rescind the
suspension in the Circuit Court.
Failure to timely file this petition will forfeit the right to
challenge the action and result in the suspension of a person’s
driving privileges.
Accordingly, persons arrested for DUI should immediately seek
the services of a licensed Illinois attorney to preserve and
advocate their rights.
Attorney Michael Pasquinelli prosecuted hundreds of DUI cases as
an Assistant State’s Attorney in Cook County, and knows from
experience what you’re up against. After agreeing to represent
an individual, Mr. Pasquinelli looks at the facts and
circumstances surrounding the offense and advises the client on
a case strategy.
The Law Office of Michael J. A. Pasquinelli has the legal know
how and experience to handle the complex issues that arise in
DUI cases, and will advocate the rights and interests of each
client. Contact our office today to schedule a free case
consultation.
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