Legal Question in Criminal Law in Illinois

I'm 18 years old. One night I came back to my dorm with two of my 17 year old friends and was extremely intoxicated and it was very obvious. The police officer that was there let me go and did not arrest me. The next night I came back to my dorm around 3am with my same two friends and had not drank. The police officer was there and started arguing with us telling us we are drunk. We explained to her we were not however she did not believe us. She placed me under arrest without telling me why. Then when she went to arrest the two boys, one ran and one resisted arrest. I had not drank any alcohol that night. For the next couple hours I was in the station getting prints taken and photos and was mostly in a room by myself without anyone telling me anything. Every officer I spoke to including the officer that arrested me, I asked them to breathalyze me so I could prove I was not drunk. They all refused to give me a breathalyzer test. I went to my first court appearance and I plead not guilty. They're offerring me a plea of 500$ fine, 18 months probation, and an alcohol program. This is the first time I have ever been arrested and having nothing on my record. I don't want to take the plea because I was not drunk that night so I'm being charged falsely. However, my lawyer told me if I keep fighting the case and lose, it could be a lot worse. What should I do?


Asked on 11/14/16, 5:57 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Hire another attorney and go to trial. If what you say is true, you will win. If you were charged with drinking under age, and they don't have any proof, what is your attorney afraid of? Maybe he just doesn't want to go to trial. If you were charged with something else, you need to make that crystal clear, and if so, my answer might be different. You were wise beyond your years to seek a second opinion. My number is 314-727-2822. I love helping young people. A long time ago, I was one myself.

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Answered on 11/14/16, 6:46 pm


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