Legal Question in DUI Law in Illinois

arrest picture

I was arrested for DUI a few weeks ago and I became very upset. I started to cry because i would not be able to spend my grandmother's final birthday with her. After the police report was filled, they took my picture. Due to my tears, the picture looked really bad. My eyes were red and bloodshot and my face was really swollen. The picture made me look awful and was very incriminating. The only problem is that the cause was the tears and not the liquor that they claimed I had drank. Is there any way to get the picture removed as evidence? If not, how could I defend myself against the picture?


Asked on 6/05/06, 11:01 am

1 Answer from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.

Re: arrest picture

It is not likely that the prosecution would attempt to enter the photograph into evidence unless, of course, the case actually went to trial. In that case, you would get to testify as to what conditions existed at the time the photo was taken. I would respectfully suggest that you need the assistance of a lawyer regarding your DUI; if you don't have or know of a lawyer, call your county bar association for assistance.

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Answered on 6/05/06, 1:36 pm


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