second dui
i was in my car not driving when the police came. it was in a shopping center and i hadd just left a night club. police took me out of my car and i failed the field soberity test. I refused to take the breathalizer test. i was realeased on an i bond. i did not get any tickets because i wasnt driving. i have a dui conviction from when i was 18 i am now 21. i realized i was to drunk to drive home so i was just waiting it out in my car. i am charged with violation of chapter 625 paragraph 5/11-501a2 by downers grove police department. i need advise because i dont think i should be convicted of a dui.
4 Answers from Attorneys
Re: second dui
In Illinois, you need not be actually driving a vehicle to be convicted of DUI. Sitting in a parked vehicle with the keys in the ignition may be enough. The law considers you to be in "actual physical control" of a vehicle, which is sufficient for a DUI. Why did the police approach your vehicle ? Were you sleeping?
Incidentally, you should not have received a suspension because you were in a parking lot (assuming the lot is owned privately).
You need to make all efforts at defending your case, because you have a prior DUI. Do not delay.
Re: second dui
You don't actually have to be driving to be convicted of a DUI. Because of your history, you need legal help. It is likely that you won't get supervision a second time in Du Page County. Hire a lawyer!!
Re: second dui
You need to discuss the fact of your case with an attorney. The details of your arrest are important toward your defense. Discuss your case with an attorney.
Re: second dui
The important question is why the police approached you sitting in your car. If they did not have probable cause to approach, there is a possibility the case could be dismissed. The case maybe subject to a motion to quash arrest and suppress evidence.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
