Legal Question in DUI Law in Illinois

DUI without moving

This weekend my friend received a DUI. He was sleeping in a truck, not his, in a parking lot b/c he was too drunk to drive. He put the keys in the glove box. The truck was impounded. He was put in handcuffs and given a ride to the hotel. They then released him with his license & a DUI citation. He has a CDL as well. Any chance that this will stick? What about the CDL?


Asked on 10/14/08, 10:02 am

1 Answer from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: DUI without moving

You didn't mention where in Illinois your "friend" was arrested. Nonetheless, you don't have to be moving to "earn" a DUI in Illinois. The issue is whether you are in control of the vehicle. I believe that having the keys in the glove box is an issue to argue about. Your friend has a lot to lose here. I would recommend that you IMMEDIATELY hire a lawyer to represent him, as in Illinois, you have a clock running regarding certain aspects of the case. Good Luck!

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Answered on 10/14/08, 11:31 am


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