Legal Question in DUI Law in Illinois

I was pulled over on march 13th 2009 because the cop said he knew i had no license but i have never encountered a him before. he immedatey put me in handcuffs and placed me in the back of the squad car after a searh of my person . he found a small bag of marijuanna on me. he then told me i was under arrest for driving on a suspended license. the owner of the car is my girlfriend and we had just got insurance that day but hadn't put it in the car. she had no way to get it to the scene so they were going to have the car towed. because they said it was blocking gas pumps. the officer then told me if i gave him a urine and blood sample that i could bond out of jail so i did. then he charged me with aggravated dui which is a felony and therefore had no bond until i went in front of the judge. so he basically cohersed me in giving the sample. i have a public defender and he filed a motion to dismiss the evidence because at no time were my miranda rights read to me and the officer admitted to that at my preliminary hearing. the judge allowed all the evidence except one of my statements. how can they not dismiss this under these circumstances? this county acts as if they are above the law. my rights werent read i feel all the evidence should been dismissed.


Asked on 9/12/09, 9:36 am

2 Answers from Attorneys

Andrew Pavlinski Pavlinski & Elkins

If you have counsel, you should raise these questions with that attorney. It is inappropriate for persons not your counsel to give you advice. If you feel that you are not being properly represented, you should hire another attorney.

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Answered on 9/17/09, 1:14 pm
Sal Sheikh www.BetterCallSal.com

You MAY have fared better if you would have hired a private attorney.

You may want to consult with a local criminal defense attorney if you have the means.

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Answered on 9/17/09, 1:18 pm


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