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Why do you want to see all of my documents before we have our DUI consultation?

Posted by Jeffrey A. Fagan | May 13, 2024 | 0 Comments

At Fagan Fagan & Davis, this is a question we get frequently.  Choosing an attorney to represent you when you are facing the full weight of a prosecution for Driving Under the Influence in Illinois can be confusing, and many people simply don't know what to expect.  The skilled, experienced attorney's at our firm have a system we've used effectively for decades.

Prior to having a DUI consultation (or consultation for any matter, really), we find it most helpful to review all of the documents you were probably handed prior to your release from the police station.  These documents contain a lot of information that we can use to get a snapshot of what happened.

 

These are the most common documents received by people arrested for Driving Under the Influence in Illinois:

  • Any and all tickets, citations or formal written complaints you received

  • Pre-trial release

  • Law Enforcement Sworn Report, also sometimes entitled Notice of Statutory Summary Suspension/Revocation

  • Warning to Motorist

  • Any accident report

  • DUI breath ticket or results of any chemical testing (this usually resembles a store receipt)

 

Each of these documents contain information that we need to get a general understanding of all of the charges you face.

 

Tickets:

In Illinois, the tickets or citations usually document most of the charges you will face in a DUI. Often, DUI is charged using two Driving Under the Influence tickets.  At least one of those tickets is typically what we call an “A2” citing 625 ILCS 5/11-501(a)2 , which is a blanket ticket for driving under the influence.  Sometimes, this is the only DUI charge you face, and sometimes other sections, such as 11-501(a)1 (the code for use when a breath sample is 0.08 or above) may be cited. In most DUI cases, there are secondary tickets for things like speeding, improper lane usage, etc. It is important for us to know all pending charges you face in order to craft the best possible defense strategies and to give you the most reliable advice.  The tickets also provide us with a wealth of other important information. 

The Pre-trial Release Slip:

The Pre-trial Release (what used to be called bond in Illinois) lets us know where court will be held, in what room, and at what time. Most importantly, a quick review of this information can avoid dangerous and costly mistakes. 

 

Notice of Statutory Summary Suspension/Revocation:


This document, also called the Law Enforcement Sworn Report, is a standard Illinois DUI form and should include a brief summary of events that lead to the arrest, whether you submitted to chemical testing, what the results of the test were, and when the test was refused or given. In rare instances, you may not have this form, such as where you were never observed to be driving or in control of a vehicle upon a highway of the State of Illinois. 

 

Warning to Motorists:


In almost every DUI case, Illinois law requires the officer to read you this document before obtaining a breath, blood or urine sample for testing.  It is important, among other reasons, because it documents when the Warning was read and by whom.

 

The accident report:


If your case includes an accident, this document will give us an idea of what the officer's investigation into the accident entails.  

 

The Breath Ticket:


Sometimes called a “breath strip”, this document is output from the breath alcohol testing machine in the station. It looks much like a grocery store receipt. The breath ticket lets us know what the device alleges your blood alcohol concentration was, as well as when the test was completed and who administered the test.  Sometimes you will get this.  Other times you won't, but if you do, we need to see it.

 

In order to be efficient with our time together and ensure we are giving the best advice possible, we strongly recommend you send these in advance of our scheduled consultation or discussing the case.  Any documents you received should be included, and the information you provide is confidential and protected by attorney-client privilege.

By providing us with these documents, you are giving us an opportunity to understand the basics of the case.  Don't worry - we will discuss each charge with you and we want to hear your side of the story.  Once we review all of the documents, we are better prepared to answer your questions and provide you with a comprehensive, no cost consultation.

We can provide consultations without these documents, but those consultations tend to take more time, with less of that time available for discussing your concerns, educating you about Illinois DUI law, and discussing how we can help you navigate this stressful time.  

If you face a Driving Under the Influence charge in Illinois, call, email, or text us for an appointment.  To those seeking to find the best legal help, we offer no cost, in depth consultations tailored to your individual needs. Fagan Fagan & Davis will use our experience, expertise, and aggressive techniques to fight for you!

Remember - the State will have a lawyer.  Shouldn't you have one too?

About the Author

Jeffrey A. Fagan

Jeff earned his law degree from The John Marshall Law School in Chicago Illinois, and helps clients with residential real estate transactions as well as defense of traffic, DUI and criminal matters.

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We regularly appear for Illinois Criminal defense, DUI defense and Traffic violations throughout the Chicago area including Cook, Lake, DuPage, Kane and Will county courts, Skokie, Rolling Meadows, Bridgeview, Markham, Maywood, Waukegan, Wheaton, Naperville, Elgin, St. Charles and more.

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