Legal Question in Criminal Law in Illinois

I recently was arrested for Driving While License Suspended and Possession of Cannabis 2.5 to 10 grams. Some of the circumstances of my arrest seem a little unjust to me and I was wondering if it would be beneficial to hire a lawyer or not. Firstly, the officer said he stopped me because my vehicle was registered to a person with a suspended license and I matched the description. However this was untrue, as the vehicle was registered to my dad, who had a perfectly valid license and I look nothing like. My brother also has a suspended license and the same first name as my dad, which led to their false assumption that it was my brothers truck and he was driving.

Secondly, the ticket I received was possession 2.5 to 10 grams, but at the jail they misread it and reported that I was being held for possession of less than 2.5. So really they held me for a crime I did not commit.

So my question is do I have a case for a wrongful stop or inadmissible evidence because the reason they stopped me was incorrect, or because they made a clerical mistake at the jail? Also, My license was not suspended for DUI, so what kind of fine can I expect to pay for these charges.


Asked on 4/13/10, 11:44 am

2 Answers from Attorneys
Purav Bhatt The Law Office of Purav Bhatt

As long as the officer had a good faith reason (mistake or not) the stop itself is not invalid. From your question it is still unclear whether your license is suspended or that was just the reason for the stop and you only have a cannabis possession matter against you.

You should hire an attorney who can determine whether you have valid grounds to argue a motion to quash and suppress evidence gathered from the traffic stop.

What county were you arrested in will also make a difference.

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Answered on 4/18/10, 1:41 pm
Michael R. Nack Michael R. Nack, Attorney at Law

I agree that you should hire the best criminal defense attorney that you can afford. Your attorney will interview you and obtian all of the evidence from the other side as well before determining whether or not you have a defense. These are not the type of charges that you should be handling without an attorney.

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Answered on 4/18/10, 8:31 pm


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