I was stopped for suspicion of DUI in Chicago, IL and was given a court date of 1/25/10. When I was stopped. the officer asked for my Driver's license and Insurance. Before even checking my driver's license, the officer asked me to step out of the car and proceeded with the Sobriety test. After being processed in the Police van, here's what the officer wrote on my Notice of Summary Suspension: "strong odor of alcoholic beverage on breath/slow speech/poor results for walk & turn test & poor results on one legged stand test/bloodshot eyes. While I will admit that I had been drinking that night, it was also below 30 degrees outside and I didn't have on a coat or jacket. A couple of the results that he wrote were due me to it being cold and not due to me "failing" the sobriety test, so I refused to take the breathalizer test. This is my first offense ever. I work far from home and do not have access to my employer if I cannot drive. My job is the primary income in my home and I care for 2 kids. Do I have a case for not losing my driving privileges?
2 Answers from Attorneys
Yes, but you need to hire a lawyer right away. You license will be suspended 41 days after the date of your arrest. You need a hearing on the suspension
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Hello. In my opinion, you have a way out. Certainly, driving under the influence is a very serious offense. However, it is possible for you to persuade the court to grant you permission to drive to and from work while this charge is pending against you. This permit places very detailed restrictions on when and where you can drive, but it can work. You certainly need legal representation and if this is your only DUI arrest, that will be a plus. Will be happy to
discuss this further and in more detail.
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