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Chicago Criminal Defense Lawyers

DUI defense - Memorial Day weekend DUI

In DUI defense, I have represented hundreds of clients in the past several years who have been charged with a driving under the influence of alcohol charge during a holiday weekend. As a driver in the state of Illinois, you should be aware that during holiday weekends especially Memorial Day and Labor Day weekends that there will be several additional DUI patrols looking for drunk drivers.

What is the best way to avoid driving under the influence of alcohol charge? Don't drink and drive. Unfortunately, if you get pulled over for a driving under the influence of alcohol charge and the officer wants to ask you questions or have you submit to field sobriety tests this is when I come in. If you have been pulled over and an officer asks you if you have been drinking you can pretty much take it to the bank that they are investigating you for a DUI charge. The best way to minimize damage on a DUI charge is to minimize evidence that you give to the police officer. For example, you can refuse to perform the field sobriety tests. You can also refused to submit to the portable breathalyzer test out on the street as well as at the police station after you have been arrested for a DUI charge.

The police will often tell you that it is better to refuse a breathalyzer test because if you refuse the test your potential suspension will be longer then if you submit to the breathalyzer test. While this is true, you have a much better chance to beat the DUI charge as well as beat the suspension and have it removed off of your record if you refuse the breathalyzer test.

If you have been charged with the DUI in the Schaumburg, Arlington Heights or Chicago area, feel free to contact DUI lawyer John W Callahan at anytime.


- Posted by Schaumburg DUI lawyer John W Callahan

Drug charges - What happens if I violate the terms of drug court?

As a defense attorney who has handled thousands of drug cases in Chicago, Schaumburg, Barrington and Arlington Heights, I have been asked on numerous occasions what are the consequences for violating the terms of drug court.

If the drug court finds from the evidence presented including but not limited to the reports or proffers of proof from the drug court professionals that: the defendant is not performing satisfactorily in the assigned program; the defendant is not benefitting from education, treatment, or rehabilitation; the defendant has engaged in criminal conduct rendering him or her unsuitable for the program; or the defendant has otherwise violated the terms and conditions of the program or his or her sentence or is for any reason unable to participate; the court may impose reasonable sanctions under prior written agreement of the defendant, including but not limited to imprisonment or dismissal of the defendant from the program and the court may reinstate criminal proceedings against him or her or proceed for a violation of probation, conditional discharge, or supervision hearing.

When there are problems getting into the drug diversion program or problems with complying with its terms, an experienced drug charges lawyer can help.

For more information on how to defend against a drug charge or the requirements of drug court, contact John W. Callahan for a free consultation.


- Posted by Illinois drug charges lawyer John W Callahan

DUI defense - Can the breathalyzer test be inadmissible if I had chewing tobacco in my mouth

I have represented hundreds if not thousands of clients who have been charged with a DUI in the Chicago area for over seventeen years as part of my DUI defense program. Receiving a DUI can have serious consequences such as jail time, fines, and the loss of your driver's license. If you are facing a DUI charge, it is important to know all defenses that can possibly be asserted to prevent a conviction.

One such defense, is that the Illinois State Police Breath Testing Regulations prohibits foreign substances in the mouth during the 20 minute observation period. Chewing tobacco is a foreign substance. People v. Miller, 219 Ill.App.3d 246 (3d Dist. 1991). Thus, if you had any foreign substances in your mouth during the 20 minute observation period, the results could be found to be inadmissible. This can include gum or dip as well!

For more information about DUI charges and defenses, contact our office to speak with John W. Callahan, an attorney experienced with DUI defense.


- Posted by Schaumburg DUI lawyer John W Callahan

DUI defense - How often are the results of a Breath Alcohol Ignition Interlock Device (BAIID) checked?

In 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 how often the results of a BAIID is checked.

A BAIID uses advanced technology to read a driver's blood-alcohol content (BAC) before allowing the vehicle to be started. It is installed in the ignition of a vehicle and prevents the user from starting the car if his/her breath sample registers a BAC of .025 or more. If the breath sample is negative for alcohol, the vehicle will start without incident.The BAIID requires an initial blow to start the vehicle and at random intervals throughout the trip. Anyone driving the vehicle must use the BAIID.

The Monitoring Device Driving Permit (MDDP) holder is responsible for all actions recorded on the device.The Secretary of State's office downloads information from the BAIID every 60 days. If a violation is detected, the offender will receive a letter from the Secretary of State's office requesting an explanation of the violation. If the offender does not respond to the request or the explanation is insufficient, the statutory summary suspension maybe extended for an additional three months per violation and/or the MDDP may be cancelled. Three extensions may result in the car being impounded for a period of at least 30 days. Four extensions may result in the car being seized/forfeited.

For more information on driving relief, help with DUI charges or how to reinstate your license, contact John W. Callahan for a free consultation.


- Posted by Chicago DUI lawyer John W Callahan

DUI defense - what to do on DUI stop

As a DUI defense lawyer who primarily practices in criminal law, I am constantly asked by people what should I do if I am pulled over for a DUI arrest. Everyone wants to know should I blow or should I refuse the breathalyzer test.

While that answer varies from state to state, and Illinois under the current law it is my opinion that it is always best to refuse the breathalyzer test and if possible to refuse the performance on the standardized field sobriety tests as well. The reason for this is simple. If you perform the field sobriety tests while on video camera and you look like you're doing a horrible job, a judge might convict you even though you refuse to give a breathalyzer sample because you looked like you were destroyed.

I have seen numerous cases were clients refused politely to do the field sobriety tests and where then put under arrest by the police officer. Most of the time in these cases the client is acquitted because there is not enough evidence against him or her for a judge to make a finding of guilty beyond a reasonable doubt. I think one key is that I mentioned the word politely. When a client ask polite to the officer while still refusing, it seems they have a higher rate of success than being verbally abusive to the cop while refusing.

The bottom line is any evidence you can limit the police from introducing at trial against you is the best bet to a successful criminal defense let alone a successful DUI defense.

If you have any questions about dui defense or have been arrested in cook county or DuPage County for a driving under the influence of alcohol charge, feel free to speak with DUI lawyer John W Callahan.


- Posted by Schaumburg DUI lawyer John W Callahan

Sex crimes defense - What is predatory criminal sexual assault of a child?

I have represented hundreds if not thousands of clients who have been charged with crimes including DUI and sex crimes in the Chicago area for over seventeen years. Some of these are misdemeanor charges in Illinois and some of them are felony charges. One such charge that can carry a heavy sentence is predatory criminal sexual assault of a child.

A person commits predatory criminal sexual assault of a child if that person is 17 years of age or older, and commits an act of contact, however slight, between the sex organ of one person and the part of the body of another for the purpose of sexual gratification or arousal of the victim or the accused, or an act of sexual penetration, and: the victim is under 13 years of age; or the victim is under 13 years of age and that person: is armed with a firearm; personally discharges a firearm during the commission of the offense; causes great bodily harm to the victim that: results in permanent disability; or is life threatening; or delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception, for other than medical purposes.


If you have been contacted by the police or if you are being investigated for any charge involving sexual contact or misconduct, feel free to contact criminal defense lawyer John W Callahan

- Posted by Illinois sex crimes lawyer John W Callahan

DUI Defense: Breathalyzer Inadmissible from Violation of IL State Police Testing Regulations

As an attorney who has been representing DUI clients around the Schaumburg and Chicago area for over 17 years, it is important to know all defenses that can possibly be asserted to prevent a conviction on a driving under the influence of alcohol charge.

One defense that can be asserted is that the breathalyzer test should be inadmissible due to a violation of IL State Police Testing Regulations. If the police officer failed to properly observe you for a minimum of a 20 minute period, the breath test will be inadmissible. If the police fail to certify a breath machine as accurate within 0.01 before and after a breath test, then the results could be held as inadmissible. Further, if the operator is not licensed or has expired, the breath test is inadmissible.

If you have recently been arrested for a driving under the influence of alcohol charge in the Schaumburg, Arlington Heights, or Chicago area and you feel that there might be a question as to the validity of your breathalyzer test, feel free to contact John W Callahan, DUI lawyer, with any questions.

For more information on how to defend against a DUI charge, contact John W. Callahan for a free consultation.


- Posted by Illinois DUI lawyer John W Callahan

Location:Schaumburg

DUI Defense: Police Officer Lacks Probable Cause to Stop the Vehicle

I have represented hundreds if not thousands of clients who have been charged with a DUI in the Chicago area for over seventeen years as part of my DUI defense program. Receiving a DUI can have serious consequences such as jail time, fines, and the loss of your driver's license. If you are facing a DUI charge, it is important to know all defenses that can possibly be asserted to prevent a conviction.

One defense that can be asserted is that the arresting officer lacked probable cause to initially stop the vehicle. To stop a vehicle, an officer must have reasonable suspicion that criminal activity is afoot, which is a lower standard than probable cause. Therefore, if an officer sees a driver commit a moving infraction, such as speeding or blowing through a stop sign, or driving erratically, the officer has grounds to pull the car over. However, if there are not sufficient facts to prove criminal activity is afoot, then the stop is illegal and any evidence from that stop can potentially be suppressed.

If you think that you were pulled over for an improper reason and were subsequently arrested for a DUI charge or if you feel that you are being improperly targeted by the police with your DUI charge, feel free to contact me at anytime.

For more information about DUI charges and defenses, contact our office to speak with John W. Callahan, an attorney experienced with DUI defense.


- Posted by Illinois DUI lawyer John W Callahan

DUI defense - felony DUI because no insurance

In DUI defense, I have represented hundreds if not thousands of clients who have been charged with a DUI in the Chicago area for over seventeen years as part of my DUI defense program. Receiving a DUI can have serious consequences such as jail time, fines, and the loss of your driver's license. It is important for my clients to know that a first time DUI charge can change from a misdemeanor to a felony depending on the right (or wrong) circumstances.

When an individual is charged with their first DUI offense, the charge is a Class A Misdemeanor. A Class A Misdemeanor is punishable by up to one year in jail and a fine of up to $2,500, which does not include court costs. The Secretary of State will also suspend your driver's license 46 days after arrest if you do not attack the suspension.

However, your Class A Misdemeanor DUI charge will become a Class 4 Felony charge if you commit the DUI without having a valid vehicle liability insurance.

For more information about DUI charges or if you have been arrested and need help for a successful outcome of your case, you should contact our office to speak with John W. Callahan, an attorney experienced with DUI defense.


- Posted by Illinois DUI lawyer John W Callahan

DUI defense - Alcohol Evaluation Level 2 Significant

In a DUI defense issue have been labeled a significant risk on the Alcohol/Drug Evaluation Report, what does that mean?

I have represented hundreds if not thousands of clients who have been charged with crimes including a DUI in the Chicago area for over seventeen years. A DUI charge can have criminal consequences and cause you to have your driver's license suspended or revoked. First, as your attorney, I will do everything I can to prevent your drivers license from being suspended 46 days after your DUI arrest. The best way to do this is to immediately file paperwork in the court within the first day or two after the DUI arrest. This gives you the best chance to eliminate the suspension.

In all alcohol/drug-related cases, certain documentation must be presented at the end of the case or sometimes during negotiations with the State to be considered for driving relief. You must submit an Alcohol/Drug Evaluation Report, completed after your most recent DUI arrest, by an agency licensed by the Division of Alcoholism and Substance Abuse (DASA). This report must include a recitation of your complete alcohol/drug use history. The uniform report evaluation will place you at a specific classification level.If you are labeled a significant risk on the evaluation, you must document successful completion of DUI Risk Education Course; must document successful completion of any substance abuse treatment recommended by a licensed evaluator or treatment provider, including: copy of the Individualized Treatment Plan; copy of Discharge Summary; copy of Aftercare/Continuing Care Plan; and Original Continuing Care Status Report.

For help dealing with a DUI charge or preventing your license from being suspended or revoked, contact our office. Don't face a DUI charge alone! Most importantly, DO NOT OBTAIN AN ALCOHOL EVALUATION WITHOUT TALKING TO YOUR LAWYER!


- Posted by Illinois DUI lawyer John W Callahan