Legal Question in DUI Law in Illinois

request to call attorney

After traffic stop but before field sobrity test what is effect of request for attorney ?


Asked on 8/30/06, 9:23 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: request to call attorney

I believe that the Constitutional right to an attorney traditionally has attached upon arrest. There may be case law holding that the right attaches if you are detained and reasonably believe that you are not free to go, in effect being in custody although technically not placed under arrest at that point. If you have a valid argument that you were denied your Constitutional right to an attorney, you might prevail in court with a Motion to Suppress any evidence that was obtained as a result of that Constitutional violation. If you have a case where this might be an issue, I would strongly suggest consulting with and hiring an attorney who practices criminal defense law in your geographical area. Good luck.

Read more
Answered on 9/03/06, 7:31 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Illinois