What Is The Best DUI Defense To Take in Illinois?

August 21, 2008 by · Leave a Comment
Filed under: DUI attorney Illinois 

Reader’s Question:

I watch and read news everyday and I noticed that cases of DUI are increasing here in Illinois. This makes me very much curious to know certain things about DUI cases. What are the possible defenses in a DUI case that can make a defendant win his/her case?

Echo

Waukegan, IL

There are several defenses in a DUI case in Waukegan, Illinois that can be brought up during the DUI trial which can make the defendant win his/her DUI case. First and foremost an illegal stop of the person or the vehicle is one of the biggest defenses that a DUI defense lawyer needs to prove for the defendant to walk away a free man after the DUI trial. A motorist can’t be asked to stop unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Likewise, an individual could not be seized unless a violation has occurred.

On a similar note, if a driver was weaving inside the lanes, this is not illegal and cannot be considered a reason for a DUI stop because weaving without crossing any lines is not a violation of the law. Another thing that can be considered as an illegal stop would be from an anonymous report of drunk driving. A person or a vehicle can’t be stopped simply because an anonymous citizen reported that the driver was drunk. These are just examples of DUI defenses during a DUI arrest which, if proven, can be a great help for the DUI defendant.