Rarely Discussed Illinois DUI Defenses
Posted on behalf of Donahue & Walsh, P.C. | October 4, 2021
There are many avenues that may be taken to beat your DUI charges. An experienced lawyer knows how to utilize commonly used defense strategies to leverage your case.
Additionally, there are DUI defenses that are less widely utilized, and less widely discussed. Here are some of them:
In 2019, Illinois police arrested 26,224 people for a DUI, with 90% of those drivers losing their driving privileges by either suspension or revocation. The remaining 10% retained their privileges or were found not guilty of the crimes charged. Imagine if the 90% had a dedicated Illinois DUI attorney that could have determined if the probable cause for the stop, the standardized field sobriety tests were faulty or the officer or machine was not certified to provide a breath test result.
Corroborating Anonymous Reports
Anonymous reports are one of the most disputed forms of cause that exist. An anonymous report can come from anywhere. No matter the source, an anonymous report is not probable cause. Officers can only stop drivers if they can detect impairment through probable cause. In Illinois, the law now requires anonymous reports are corroborated by an arresting officer.
You might think that weaving on the road is illegal, and that might be probable cause for an officer to stop a car. It can be if a vehicle crosses lanes or runs off and back on the road. However, it is not probable cause to stop a vehicle if it is only weaving within the lane’s lines. If the reason for stopping and then detaining is because of weaving, make sure to communicate that to your experienced DUI lawyer so that they can request the in-squad video.
In-squad videos have proven the innocence of contested charges more than once in the case of DUIs. Officer testimony may offer one account of information, and the in-squad video will indeed provide another. Your attorney will also know what to do if the in-squad recording device was inactive or damaged.
Many times, the probable cause of a DUI case is in question. An experienced Illinois DUI defense against weak charges or failure to provide a speedy trial is imperative for lessening if not dismissing charges. Rather than accept the charges as they are, seek out a reputable Illinois criminal lawyer, like Donahue & Walsh, P.C., to represent you and identify the best points of defense in your DUI case. Contact us today.