John W. Callahan, LTD.
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Chicago Criminal Defense Lawyers

DUI defense - Barrington and Mount Prospect DUI

As a DUI defense lawyer in the Northwest suburbs for the past 18 years I have seen the number of DUI arrests climb up and fall down. Some of the top DUI arrest and communities are in the Barrington and Mount Prospect areas. The Northwest suburbs of always had a number of bars and due to the sheer size of these towns, people are forced to drive down long roads late at night.Any charge of driving under the influence of alcohol stemming from Arlington Heights, Barrington, or Mount Prospect are all brought to the district 3 courthouse in Rolling Meadows on Euclid Avenue. These cases are typically brought to the courthouse between 30 and 45 days after the date of the DUI arrest.It is important if you have recently been arrested for a DUI in any of these towns to immediately file documents to contest the summary suspension that will prevent you from driving legally 46 days after the arrest. If you want to have the ability to successfully resolve your case you need to contact an experienced DUI lawyer who can help protect you in your time of need.
- Posted by Mount Prospect DUI lawyer John W Callahan

DUI Schaumburg Attacking the suspension

I have represented thousands of clients charged with driving under the influence of alcohol over the past 18 years in Schaumburg. Over the course of these years I have learned the best way to eliminate the suspension on somebody's DUI record.46 days after a DUI arrests, the suspension will begin if you do not take active steps to eliminate it. If you are a first offender and you registered a blood alcohol content over 0.08, your suspension will be six months and link and you will be eligible for a monitoring device driving permit 30 days after the suspension begins. If you are a first offender and you refused a breathalyzer test, your license will be suspended for one year if you do not take immediate action to eliminate it.This is where an experienced DUI lawyer and criminal defense attorney can help you with your case. We have represented hundreds of executives, hundreds of teachers, and hundreds of people responsible to drive for their company with their DUI matters from the Schaumburg and surrounding areas.If you need help with your driving under the influence of alcohol charge, feel free to contact the criminal defense lawyers at John W Callahan Ltd.
- Posted by Schaumburg DUI lawyer John W Callahan

DUI defense - new type of blood draw

In my nearly two decades of experience in handling DUI cases in Cook, DuPage, Kane, Lake and Will Counties, any blood test taken in conjunction with a DUI arrest have been performed at a hospital. Whether it be a consensual blood test or a test performed pursuant to a search warrant, the officer would have to transport the client to a hospital where the test would ultimately be taken. Over the past year or so, however, I have had more and more clients arrested for DUI in DuPage County tell me about a new method for the taking of blood. During some arrests in DuPage County, my clients have been advised that the officer can contact a phlebotomist who will come to the police station to perform the blood test there. Typically, the officer will first mention this when asking the client if she would be willing to submit to a breath test. If the client refuses, she may be further advised that the officer may take her to a hospital for a sample of her blood to be drawn. In which case, she will later be billed by the hospital. In the alternative, the officer can contact a private company that will come to the station to take a sample of her blood and/or urine. If this private company comes to the station, she will be billed by that company for their services. Ultimately, the client is left with a choice of deciding between a free breath test or a blood draw for which they will have to pay additional money.If you find yourself in this situation, call the attorneys at John W. Callahan, Ltd. to speak with an experienced attorney who will fight for your rights. We will make sure that your rights are defended. Call for a free consultation.
- Posted by Schaumburg DUI lawyer John W Callahan

DUI defense - evidence police use against you

When you are pulled over and the officer suspects you are under the influence of alcohol or drugs, they have already begun the process of trying to build a case against you. Every question they ask, every test they request, are all intended to later prove to a Judge or jury that you were drunk when they pulled you over. Ultimately, you will be offered a breath test, blood test, or perhaps, in the case of drugs, a urine test. Any good criminal defense attorney will likely tell you to refuse any of these tests. They will tell you that agreeing to take a breath or chemical test is simply providing the prosecutor with more evidence to use to secure a finding of guilty on your case. If you agreed to a breath or blood test, however, all is not necessarily lost.Both of these kinds of tests must be performed in accordance with certain legal requirements. In the case of a breath test, the State must show that the breathalyzer machine has been maintained properly, that it has been calibrated to ensure its accuracy, that it is tested on a regular basis and that the person taking your breath sample is certified to do so. They must show that they have allowed for a twenty minute period of observation, during which time they must show that you have not had anything to eat or drink, that you haven’t been belching. In the case of a blood test, they must show that the test has been performed according to standards promulgated by the Department of State Police by a licensed physician, registered nurse, trained phlebotomist, certified paramedic or another individual possessing a valid permit by the Department of State Police. The test must be performed properly.In short, just because you have agreed to a breath or blood test, it does not mean that all is lost. But if there is a worthy challenge to be made to the result of your breath or blood test, you need an attorney experienced in fighting DUI arrests in Cook, Kane, DuPage, Lake and Will County to advocate for you. Call the attorneys at John W. Callahan, Ltd. for a free consultation.
- Posted by Schaumburg DUI lawyer John W Callahan

Drug defense - heroin and cocaine issues

In Drug defense law, if you are arrested for the offenses of manufacture/delivery of a controlled substance or possession of a controlled substance with the intent to deliver, you face a wide spectrum of potential sentences if you are found guilty. Obviously, the amount of heroin or cocaine that the police find you with will affect the class of offense. It makes sense that someone who is found to be selling less than one gram of cocaine should face penalties for a Class 2 felony, while those selling 12 grams of cocaine will be charged with a Class 1 felony. There are, however, a number of additional considerations that a prosecutor might use in deciding what charges you face.For example, generally the delivery of 1-15 grams of heroin is a Class 1 felony where, barring any criminal history, you face a prison term of 4-15 years in the Department of Corrections. However, while you are also eligible for probation if you deliver 2 grams of heroin, that option is no longer open to you if you deliver 5 grams of heroin. That is because any delivery of an amount over 3 grams has been deemed a non-probationable offense. Likewise, the location of your alleged drug dealing may have an impact on what penalties you face. Usually, if you are found in possession of 2 grams of cocaine that the police deem you were about to sell, you would face a Class 2 felony, for which, depending on your background, probation may be an option. If you are found with those two grams within 1000 feet of a church or school? You now face a Class 1 felony with harsher penalties. What would be a probationable Class 1 felony becomes a Class X felony with a mandatory prison term if you are within 1000 feet of a public park. If you are arrested for a drug offense, you need an experienced, aggressive attorney to defend your rights. The attorneys at John W. Callahan, Ltd. have years of experience handling the intricacies of a drug charge. Call today for a free consultation.- Posted by criminal drug defense lawyer John W Callahan

DUI defense - The most important thing to do after a DUI arrest

As a DUI lawyer who has handled hundreds if not thousands of criminal charges of DUI in the Chicago area for the past 18 years, I've seen my fair share of complex scenarios involving DUI arrests. When you are arrested for a driving under the influence of alcohol charge you face two aspects of the case. First, you face a mandatory summary suspension that will affect your drivers license 46 days after the date of the DUI arrest. Next, and in addition, you face the criminal charge of do you why were you could face penalties as severe as going into jail. Not if we can help it.In my experience the most important thing to do for a brand-new driving under the influence of alcohol client is to attack the summary suspension to try to prevent the prosecution from suspending my clients' drivers license. More often than not, by filing a petition to contest the suspension as early as the same day as the DUI arrest, we are able to prevent the suspension from ever going on my clients record. When this happens, my clients do not need to put a breathalyzer in their car or obtain a monitoring device drivers permit.If you have been arrested for a DUI and are looking for help in trying to prevent your license from being suspended, you need to contact an experienced driving under the influence of alcohol attorney who can lead you to the successful result you're looking for.
- Posted by Schaumburg DUI lawyer John W Callahan

DUI defense - can they request a blood sample

You’ve been arrested for a DUI. You have done exactly what any good defense attorney would say you should do: you have refused field sobriety tests, you have refused a blood or breath test and you haven’t answered any questions regarding where you are coming from or how much you’ve had to drink. The officer, however, places you under arrest for suspicion of driving under the influence of alcohol. And even though you’ve refused all of the officer’s tests and questions, you may still not be out of the woods. That is because, in some counties, under some circumstances, that officer might tell you that he is going to ask for a search warrant to obtain a sample of your blood. In my experience, search warrants for blood are usually only sought in cases where a felony DUI is possible. You will hear about rare circumstances where a county will set up a roadside-style operation where a nurse or phlebotomist will be on-scene to take blood after a search warrant is sought, regardless of the class of offense. The truth is, there is little that you can do in that moment to avoid a blood test if the officer has obtained a search warrant for your blood. The good news, in a manner of speaking, is this: if you have refused to submit to a breath test, and if you have refused to submit to a blood test, then the officer must obtain a search warrant if he wants a sample of your blood to strengthen the DUI charges against you. Officers are required to obtain a search warrant, generally speaking, except if there exist exigent circumstances. The Supreme Court has ruled that the fact that the alcohol concentration in your blood is likely dissipating as time passes does not qualify as an exigency that allows the officer to take your blood without a warrant. This means that, instead of simply taking you to a hospital or having a phlebotomist come to you to take a blood sample, the officer must draft a search warrant, have that search warrant signed by a Judge, transport you to a hospital, and wait until someone is free to take your blood. Meanwhile, more time passes between that last drink and your blood sample. If you have been arrested for a DUI in Cook, DuPage, Kane, Lake, or Will County, you need an experienced attorney to fight for your rights and the best possible disposition in your case. Call the attorneys at John W. Callahan, Ltd. for a free consultation today.
- Posted by Schaumburg DUI lawyer John W Callahan

DUI defense - consequence of having 10 or more unsuccessful attempts to start my vehicle that has a Breath Alcohol Ignition Interlock Device (BAIID)?

I have been representing clients who have lost their driving privileges in Illinois for over 17 years, around the Chicago and Schaumburg areas. When people receive a DUI, they are not only facing possible jail time and fines, but also the loss of their license. However, depending on the circumstances, you could be eligible for driving relief, such as a Monitoring Device Driving Permit (MDDP). However, while operating your car under a MDDP, there can be consequences for having unsuccessful attempts to start your vehicle that has a BAIID installed.For any MDDP holder whose monitor report shows: 10 or more unsuccessful attempts to start the vehicle with a BAIID installed, within a 30 day period; or 5 or more unsuccessful attempts to start the vehicle with a BAIID installed, within a 24 hour period; or any single Breath Alcohol Concentration reading of 0.05 or more, you will receive a letter asking for an explanation of the unsuccessful attempts to start the vehicle or the BrAC reading. If a response is received within 21 days after the date of the Secretary's letter and it reasonably assures the Secretary that no violation occurred, no further action will be taken. If a response is not received within 21 days or does not reasonably assure the Secretary, the Secretary shall extend the summary suspension for 3 months. If the summary suspension is already terminated prior to the Secretary receiving the monitor report showing the violation, the Secretary shall re-suspend for 3 months. Should any monitor report show multiple violations, each violation provided for in this subsection shall be a separate violation requiring a separate 3 month extension or re-suspension.For more information on driving relief or how to reinstate your license, contact John W. Callahan for a free consultation.- Posted by Illinois criminal defense lawyer John W Callahan

DUI defense - What requirements must I comply with when receiving a Monitoring Device Driving Permit?

In the area of DUI defense, I have been representing clients who have lost their driving privileges in Illinois, around the Schaumburg and Chicago areas, for over 17 years. People have often asked me what requirements they have to comply with when receiving a Monitoring Device Driving Permit (MDDP)​ after being suspended for a DUI charge.Any Individual receiving an MDDP must comply with the following requirements: operate only vehicles with an installed, operating BAIID certified by the Secretary whether the vehicle is owned, rented, leased, loaned, or otherwise in the possession of the MDDP holder. Except when a BAIID has been installed that may be read remotely, either take any and all vehicles operated by the MDDP holder and with a BAIID installed or send the BAIID to the BAIID provider or installer at least every 60 days, which shall be referred to as the monitoring period, commencing with the date of installation, for the purposes of calibration and having a monitor report of the BAIID's activity prepared and sent to the Secretary by the BAIID provider or installer. The monitoring period will be 30 days for any MDDP holder whose summary suspension is extended or who is re-suspended for a violation of the MDDP program. If a BAIID has been installed that permits the MDDP offender to mail in a portion of the BAIID to be read and calibrated, or that allows the BAIID to be read remotely, bring the vehicle into a BAIID installation site at least once every 6 months so that the BAIID and all related wiring and connections may be inspected for signs of tampering or circumvention.Within 5 working days after any service or inspection notification, take the vehicle with the BAIID, installed to the BAIID provider or installer or send the appropriate portion of the BAIID to the BAIID provider or installer as instructed for a monitor report.An individual must further maintain a journal of events recording unsuccessful attempts to start the vehicle, failures to successfully complete a running retest, any problems with the BAIID, and the name of the driver operating the vehicle at the time of the event. If BAIIDs have been installed on multiple vehicles, a separate journal must be kept for each vehicle, recording unsuccessful attempts to start the vehicle, failures to successfully complete a running retest, any problems with the BAIID, and the name of the driver operating the vehicle at the time of the event. Also, ensure that the BAIID camera is aimed, and the person using the BAIID is situated, so that the camera captures a clear and accurate image of the individual blowing into the BAIID, including a sufficiently wide angle that it will be possible to determine whether the individual blowing into the BAIID is seated in the driver's seat and whether a circumvention device has been inserted into the mouthpiece of the BAIID. The individual shall not have a BAIID removed or deinstalled from a vehicle prior to notifying the Secretary and surrendering the MDDP to the Secretary or the Secretary's designee and shall not commit any violations.For more information on how to comply with Monitoring Device Driving Permit regulations or how to reinstate your license or defend against a DUI charge, contact defense attorney, John W. Callahan.- Posted by Illinois dui lawyer John W Callahan

DUI defense - what to do to prevent your license from being suspended after a DUI arrest

When you are arrested for a DUI, the arresting officer is going to ask you to submit to a test of your breath or blood. She is going to try to convince you that submitting to such a test is in your best interest. She is going to read you what are commonly referred to as Warnings to Motorist. The purpose of the Warnings to Motorist is to inform you, the person arrested, that a refusal to submit to a blood or breath test will result in the statutory summary suspension of your driving privileges. They will tell you that if you refuse to blow on your first DUI, your license will be suspended for twelve months. If you blow and your BAC is over .08, you will be suspended for six months for your first DUI. This suspension will go into effect 46 days after the date of your arrest. This means that the clock is ticking!!Your statutory summary suspension can be challenged by filing a Petition to Rescind the Statutory Summary Suspension (PTR). Filing a PTR entitles you to a hearing solely on the subject of the statutory summary suspension. There are a number of procedural requirements that the arresting officer must follow. If they failed to do so, the filing of a PTR allows you to capitalize and get the suspension lifted from your license. If you are going to have any chance to prevent your license from being suspended, you need to act immediately and file the Petition to Rescind as soon as possible after your DUI arrest.An aggressive, experienced DUI lawyer will help you navigate the process and ensure that your rights are protected. Call the lawyers at John W. Callahan, Ltd. for a free consultation.
- Posted by Schaumburg DUI lawyer John W Callahan

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