Legal Question in DUI Law in Illinois

My 18 y/o daughter was going out with a friend to go clubbing. They were pulled over less than a mile from the college dorms. The driver was ordered to blow in the field and blew a .05, because she had a drink before they had left. They walked around to the passenger side, had my daughter get out and ordered her to blow. She refused. There were no open containers or alcohol in the car. She had not been drinking. When she declined they handcuffed and arrested her for underage consumption. She had been told by me to never blow a field breathalyzer because she had blown a .001 when she was forced to blow after about 20 other kids at a party, where she had not been drinking. I also know, as a former police officer, that field breathalyzers are inadmissible in DUI cases, so they must be prone to error. I planned to fight this in court because of 4th amendment illegal search and seizure. Anyhow to make a long story short. The driver's dad, pulled some strings and had the tickets pulled before they went to the circuit clerk. Fine and dandy. But whoever "fixed" these tickets said the bond was forfeit. Well I want my bond money back and I am still willing to fight this ticket. What is my recourse?


Asked on 12/20/10, 2:26 pm

1 Answer from Attorneys

Purav Bhatt The Law Office of Purav Bhatt

What is the status of your daughter's case? Is the case still open and pending? If the case is still open, any attorney can request the bond forfeiture to be vacated, the warrant to be quashed (if there is a warrant) and the bond be reinstated for the duration of the case. I would need more specific information to discuss your matter in greater detail.

feel free to contact me if you'd like to discuss your matter further,

good luck

Purav

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Answered on 1/03/11, 12:41 pm


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