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DUI Defense In Plainfield Illinois

April 3, 2018 By Law Firm

DUI Defenses in Illinois

 

Driving under the influence (DUI) can be a misdemeanor or felony in Plainfield Illinois. A conviction can have devastating consequences in your life; there are fines, license suspensions, and even jail time at stake. You need an experienced Plainfield DUI lawyer to navigate this difficult time in your life. Fighting a DUI charge can be tough, but there are options and defenses available to you.

Lack of Probable Cause

 

In order for a police officer to stop you, even for a minor traffic violation, the officer needs to have probable cause to pull you over. The Fourth Amendment of the United States Constitution requires probable cause, and if there is none, the stop itself is illegal. Therefore, any evidence that was gathered or obtained during the stop is inadmissible in a court of law.

Probable cause means that an officer must have a legitimate reason to stop your vehicle. In the case of traffic stops, this means running a stop sign or red light. If an officer is stopping you because he or she thinks you are driving under the influence, the officer can stop you because you are swerving or driving erratically, or any of the other common indicators that someone is driving under the influence.

If you are trying to challenge the validity of the traffic stop, it will be tough. There are a variety of reasons, some even miniscule, that allow a police officer to stop your vehicle. It is likely that your case would be dismissed if you are able to show that there was no probable cause to conduct the traffic stop.

Lack of Basis for Arrest

 

As stated above, it will be difficult to get a case dismissed through lack of probable cause. Another option is that there was no basis for the arrest to have been made in the first place. To do this, you need to prove that there was no evidence of a DUI to arrest you.

One way to challenge the arrest is by showing that there are other reasons you might only appear to be intoxicated. Evidence of a DUI often comes through failing field sobriety tests. If there are other reasons you failed the sobriety tests, this could be a basis to challenge the arrest.

Additionally, you might be able to challenge the arresting officer’s report after a DUI. You would need to show that the report did not accurately portray what happened.

Improper Field Sobriety Tests

 

Officers conduct field sobriety tests to determine whether someone is driving under the influence. If these tests were administered incorrectly, there may be grounds for dismissal of your charge. Improper breathalyzer test administration or not following directions when conducting a field sobriety test can be challenged. There are three field sobriety tests that can be administered in Illinois – horizontal gaze nystagmus, the walk-and-turn, and the one-legged stand.

If you have been charged with a DUI, the experienced Joliet DUI attorneys at Hamilton & Antonsen, Ltd. can help you. We consider each and every defense and approach to your case in order to get you the best outcome. Contact us today.

Filed Under: Blog

What is the process for Filing for Divorce in Will County?

July 31, 2015 By Law Firm

Divorce proceedings for Joliet, Plainfield, and Will County residents can be a complicated process. You should consult with a lawyer in order to ensure all of your interests are fully protected. Additionally, having knowledge about divorce proceedings can help you understand what is happening.

You may wish to obtain a divorce (also known as a dissolution of marriage) on various grounds, such as: mental, physical cruelty or abuse, and, drug or alcohol abuse. You may also justify a divorce for irreconcilable differences if you have lived separately from your spouse for more than 2 years, or, if you and your spouse both agree to the divorce and lived separately for at least 6 months. Additionally, to obtain a divorce for irreconcilable differences you must claim that you and your spouse have attempted to save the marriage, but it can’t be saved.

The first step in divorce proceedings is filing a Petition for the Dissolution of Marriage in Will County, Illinois. This is asking the court to hear the issue of your divorce and requests that the marriage be ended. Next, your spouse must be notified of the divorce proceedings against him/her. This is done through a summons that is served by the Sherriff’s department, or your spouse may waive service. Once served with the divorce papers your spouse has 30 days to file a response to your action. You can then ask for a hearing date to be set.

[Read more…] about What is the process for Filing for Divorce in Will County?

Filed Under: Blog Tagged With: county, divorce, filing, process, will

How is Marital debt divided during a divorce?

July 31, 2015 By Law Firm

It is important for Joliet, Plainfield, and other Will County residents to protect their property interests when going through a divorce.  Marital debt is significant part of a spouse’s interests, and understanding how marital debt is divided is useful to better understand the divorce proceedings.

Marital debt is considered marital property, much like a house or a car the couple bought together.  It is the debt incurred during the course of the marriage. Not all debts incurred by a spouse during the marriage is considered a marital debt, and non-marital debts will usually be owed by the individual, alone.

The division of marital property and debt can be divided by agreement between the spouses during a divorce. A Judge will look over the agreement to make sure it is not grossly unfair, and will sign off on it if it’s acceptable. It is important to have an attorney read any agreement to make sure you are fully protecting your interests.
[Read more…] about How is Marital debt divided during a divorce?

Filed Under: Blog Tagged With: debt, divided, divorce, marital

Should I contact an Attorney If I am in a Car Accident in Will County, Illinois?

July 9, 2015 By Law Firm

It is important for Joliet, Plainfield and Will County residents to do what they can to protect all of their legal, property, and personal interests. When a car accident occurs, each of these interests may be at stake. There might be criminal charges against you, you might be sued by the other driver, or you may wish to sue the other driver. Additionally, there will be dealings with insurance companies and even hospitals if there are injuries to you or others. An attorney can help you navigate these troubled waters and is someone you can have on your side to look out for your interests.

For an example, let’s say Mary is a Joliet resident who is driving north on Route 59 in Plainfield when another car goes through an intersection and collides with her. Mary claims that the other driver ran a red light, but the police find Mary was at fault and charge her with reckless driving. Car Insurance won’t defend against criminal charges, so an attorney can help defend Mary and help avoid fines or jail time.
[Read more…] about Should I contact an Attorney If I am in a Car Accident in Will County, Illinois?

Filed Under: Blog Tagged With: accident, attorney, car, lawyer

When and Why should I consider filing for Bankruptcy in Will County, Illinois?

June 24, 2015 By Law Firm

Despite all of our best efforts, sometimes Joliet, Plainfield, and other Will County residents might consider filing bankruptcy to alleviate debt. However, this is not a decision to be taken lightly. Will County residents should carefully consider their circumstances and consult with an attorney to determine if bankruptcy is right for them.

Your income, as well as, the amounts and the type of debt you owe are important to consider when determining whether to file for bankruptcy, and which type of bankruptcy to file under. Under Chapter 13 Bankruptcy certain debts, such as credit card debt, will be eliminated, however, you will agree to a payment plan and give up some of your future income to go towards the repayment of your debt.   Under Will County chapter 7 bankruptcy, most of your debts will be eliminated without any promise to pay future income. However, a trustee is put in charge of most of your funds and property, which he can dispose of or sell to go towards your debt. If you have a steady income and do not wish to lose any of your property you might look towards a Chapter 13 Bankruptcy.  It is also important to know that some debts will not be erased by either type of bankruptcy.
[Read more…] about When and Why should I consider filing for Bankruptcy in Will County, Illinois?

Filed Under: Blog Tagged With: bankruptcy, file, to, when

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