Legal Question in DUI Law in Illinois

Dui in Illinois -

my earlier question was a bit unclear.....my boyfriend was in a four wheeling accident, and he was issued a ticket that states he got a DUI, however, he was not arrested for this, it was over a week ago...my question was should he have been formally arrested or would this be cause to help us fight the DUI


Asked on 8/21/08, 4:07 pm

3 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Dui in Illinois -

Your boyfriend was charged with the DUI when he was given the ticket. There is no legal requirement that he be handcuffed, taken to a police station and so forth. Your boyfriend should hire an attorney.

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Answered on 8/25/08, 11:37 pm
Kelly Bennett Bennett Law Offices

Re: Dui in Illinois -

The fact that your boyfriend was not "processed" at the police station is irrelevant. Your boyfriend should retain an attorney as a DUI carries with it up to 1 year in jail, a fine of $2,500.00 or both.

Feel free to contact my office for a no-fee consultation.

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Answered on 8/21/08, 4:38 pm
David Shestokas Shestokas, & Associates

Re: Dui in Illinois -

It would seem he would have at least be given a court date, and the term arrest is sometimes not clear, but if the officer detained him long enough to give him a citation, then he was arrested. Not going to the police station does not mean there was not an arrest. Read the prior information I referred you to and if you have further questions try http://www.shestokas.com/Ask_an_Attorney.html

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Answered on 8/21/08, 7:17 pm


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