Traffic and DUI FAQs
The facts listed in response to frequently asked questions on this site do not constitute the establishment of an attorney-client relationship or necessarily reflect the correct course of action in every individual case. Call us at 815-793-6300 or
e-mail the Law Offices Of Amanda T. Adams LLC to schedule an appointment if you would like us to represent you or to offer a personalized evaluation of your case.
Trained and Qualified in Traffic and DUI Cases
DISCLAIMER: The Illinois Supreme Court does not recognize certifications or specialties in the practice of law, nor are the following courses or associations by the attorney necessary to practice law in Illinois.
- I am a member of American Association of Premier DUI Attorneys, and I have successfully completed advanced level training in defending DUIs.
- I have successfully completed a 24-hour practitioner course in Driving While Intoxicated Detection & Standardized Field Sobriety Testing (December 2, 2016 through December 4, 2016). This means I have taken the same course that police officers have to take to be qualified to arrest you for Driving Under the Influence and to learn the field sobriety tests they give in the field. I have had the same educational training that the police officers who arrest people do.
- I have practiced administering field sobriety tests such as the Walk and Turn, Horizontal Gaze Nystagmus Test, and the One Leg Stand Test on intoxicated subjects. I know what mistakes officers can make.
- I also have successfully completed a Cross Examining Police Officers in DUI Cases course in Rockford, IL, in 2016.
1. What mistakes do officers typically make in arresting people for DUl?
There are many factors that affect whether a police officer had probable cause to arrest and charge you with DUI. For example, do you have any back, leg, eye, or ear problems? If so, did the officer ask you about them before beginning the field sobriety tests? Even such factors as acid reflux or being overweight can affect the validity of field sobriety tests. Perhaps you did not exhibit the specific cues officers are trained to look for while you were driving your vehicle, pulling over, talking to the officer, exiting the vehicle, and so forth. Any of these factors might support an effective DUI defense. At your first consultation, I will provide a detailed survey dealing with all the factors influencing a DUI arrest.
For a more specific analysis during your consultation appointment, click
here to complete a survey on possible police errors in your case. 2. I got my driver's license suspended? Why could this have happened?
Your driver's license can be suspended by a Court in Illinois or by the Illinois Secretary of State for a number of reasons and a number of periods, including, but not limited to:
(a) You were convicted of driving without insurance
(b) You had three or more speeding ticket convictions within one year
(c) You blew .08 or more blood alcohol level when pulled over by a police officer
(d) You were convicted of failing to yield when a police officer made an emergency stop
(e) You were held in Contempt of Court for failing to pay Child Support
(f) You were found liable in a Civil Suit for a traffic accident and refused to comply with a Court-Ordered Judgment installment plan
3. What types of traffic cases have you handled?
I have handled a number of traffic problems for clients, including people facing DUI Charges, Charges of Driving While License Suspended, Charges of Operating an Uninsured Motor Vehicle, Speeding Ticket Violations, and Failure to Yield to Emergency Vehicles.
4. I was given a ticket for Driving Under the Influence for having prescription medication without being drunk. Is this legal?
Yes, under the Illinois statutes, "driving under the influence" also includes taking medications which could impair your driving.
5. I got a letter from the Illinois Secretary of State that my license is being suspended for having three speeding tickets in the last year. What can be done?
You can hire an experienced Traffic attorney to reopen your traffic ticket cases in Court and attempt to vacate the previous convictions. If one of the convictions is vacated, your license may be reissued.
If the convictions were for a minor driving offense, you can get a restricted driver's license from the Secretary of State, in certain circumstances, by attending an 8-hour defensive driving class.
If you have two tickets and just received the third one, you could yourself (or get an attorney to) possibly negotiate with the state so you receive supervision (the court won't enter a guilty conviction against you if you do not receive any further traffic tickets within a specified period of time), or have the attorney try the case, make sure the officer's radar was working correctly, that she/he stopped the right vehicle in the flow of traffic or many other theories.
6. My insurance lapsed and I was caught driving without insurance. What can I do?
Under Illinois law, if this constitutes your first offense, you might be able to receive Court Supervision so that your license will not be suspended. Generally, people are required to pay a $100 fine or more, court costs, and not obtain any more traffic tickets for a specified period.
However, you may also have to purchase a special type of insurance, known as Safety and Financial Responsibility (S-R 22 Insurance), which costs more for drivers who drive uninsured.
7. I got a ticket for driving under the influence. What will happen if I cannot prove my innocence in Court?
If you are facing DUI Charges, you could face both civil and criminal penalties. If this is your first-time DUI and you are convicted, the worst-case scenario is that you could face up to one year in prison, fines of at least $1,000, driver's license revocation, and fines and court costs of up to $1,000.
Even if a court finds you innocent of driving under the influence in criminal court, your license could still be suspended for six months to a year in a separate civil matter from the Illinois Secretary of State, known as a Statutory Summary Suspension.
You can challenge the finding that probable cause existed for an officer to pull you over for driving under the influence by having an attorney challenge the officer's breath test, decision to pull you over legally, by filing a Petition to Rescind Statutory Summary Suspension. The judge will set a separate hearing. If the judge finds the officer lacked probable cause to pull you over, the blood alcohol test was faulty, or any other number of reasons, the judge will rescind your statutory summary suspension and you will be able to drive again.
Even if the Judge does not rescind your statutory summary suspension, you can now drive under certain circumstances if you have a Breath Alcohol Ignition Interlock Device installed in your vehicle for certain first-time offenders.
Let Us Join the Fight to Protect Your License
You do not have to accept a DUI charge. It is fully within your rights to try to protect your driving privileges. Your career may depend on it and certainly losing your ability to drive a vehicle will affect the way you live.
Let Amanda T. Adams take your side in the fight. Call us at 815-793-6300 to schedule an appointment and a FREE consultation.