Legal Resources

Five Possible Way to Get DUI Charges Dismissed

Driving impaired might never be a good idea, but sometimes people get hit with a DUI charge that just isn’t fair. Maybe you did drink or smoke prior to driving, but didn’t go over the legal limit and were still legal to drive; sometimes, it’s just a false positive on a test. Whichever the reason for your DUI charge, a DUI attorney in DuPage County can look at your case and help you find one of the many ways to get a DUI charge dismissed.

No Probable Cause for a Traffic Stop or Arrest

No matter what, for a police officer to pull you over in traffic, or to arrest you, they need probable cause. If they see you swerving between lanes wildly while you are driving, then they have a reason to pull you over; however, if you were driving legally and fine and they pull you over, then you could get any subsequent charges dropped due to there being no probable cause. An officer requires sufficient information and reasonably trustworthy sources of facts and actions in order to prove you were driving under the influence at the time of being pulled over. A DUI attorney in DuPage County will comb over all the reports about the incident and try to discover if there was a case of no probable cause to get the DUI dismissed.

Issues with the Blood Tests or Breathalyzer Tests

No test is perfect, and roadside breathalyzer tests are notoriously inaccurate, so having a DUI charge based solely on a breathalyzer test can be grounds for it to be dismissed. However, most officers, once a breathalyzer shows positive, will take you into a precinct in order to get a blood test taken. For blood tests to be valid by law, they must be taken within 3 hours of the alleged incident, otherwise the state that the blood is in is not going to be the same as at the time of the incident; it will thus be inaccurate. As well, the sample must be analyzed by approved personnel, otherwise the evidence can also be dismissed. A DUI attorney in DuPage County can challenge the validity of the blood tests, whether it’s due to the competency of the officer or tester, admissibility, authenticity, or the credibility of the tests themselves.

Entrapment

While entrapment isn’t done too often, your DUI case can be dismissed with the help of a DUI attorney in DuPage County if it was due to a case of entrapment. Entrapment is when you are forced to do something illegal by an officer, and then they arrest you for it. An example would be if you are sleeping in your car while drunk, and they force you to move the vehicle to vacate a parking lot, then immediately arrest you for DUI.

Not Legally Drunk

In order to be arrested for a DUI, you need to be over the legal limit for alcohol or a substance. If at no point did any tests show that you were over the legal limit, the DUI can be dismissed with the help of a DUI attorney in DuPage County. For Illinois, the legal limit below the age of 21 is 0.00%, and for 21 and over it is 0.08% BAC.

Motion to Dismiss

A DUI attorney in DuPage County can be extremely helpful when it comes to attempting a motion to dismiss for a DUI charge. If there are any errors in a citation, or if a citation fails to state an offense, a DUI case can be immediately dismissed. As well, if any procedures were not followed properly, such as Miranda rights reading, or if the right to a speedy trial was not followed, or if there is an issue with territorial jurisdiction, then a motion to dismiss can be used.

If you have been unfairly charged with a DUI, then a DUI attorney in DuPage County can assist you; contact Marquardt & Belmonte, P.C. Attorneys at Law, today to guarantee your rights are not being violated. Visit our website for more information.

Why You Need a Real Estate Attorney Even if You Have a Broker?

Making major purchases is nerve wracking and difficult at the best of times. When you are ready to purchase your first home, an upgraded home, or even a commercial property, this is one of the biggest investments of your life. Many people find a real estate broker that they trust and begin the process; but is it enough? Have you considered a real estate attorney in Wheaton, IL?

So why would you hire a real estate attorney in Wheaton, IL? Attorneys are expensive, and do you really need an attorney if you have a broker you trust? When purchasing a home, land, or a commercial property, there are many questions that arise. Some of them will be best answered by your broker, and others should be answered by a credible attorney. When looking for property, your broker will show you a variety of places and can answer many questions about the land, the home, the community, and the process of purchasing the estate. They can help with negotiating the price and timelines and will provide valuable information; however, they are not allowed to answer any legal questions.

What legal concerns might you expect to encounter?

Real estate attorneys have a role to protect you during your purchase. Real Estate Brokers are often commission-based, and this can create a bias—and not one that is in your favor. Most brokers will do what is needed to complete the sale. An attorney is hired by you to protect your interests, and they understand the complexity of the real estate transaction.

Real estate attorneys in Wheaton, IL can ensure that the title has no liens, and they can assist with financial concerns. They can ensure you are protected when it comes to concerns regarding structural damage and building permits, and they can advise you if your home or property is in an area of adherent weather or if there are concerns with rental issues. These are just a few reasons that a buyer would seek legal advice.

If you are selling your property, you may also want the advice of a real estate attorney for such reasons as: selling with an unwilling partner, selling the property of someone deceased, selling when there are physical concerns about the home, or selling when there are judgements or liens on the property.

Why do you need both?

There are many steps during the buying process, and hiring a real estate attorney alongside your broker, during the early stages of the buying process, can help prevent further complications during the transaction. Your broker may not understand all the real-estate laws (nor should they), or they may be forbidden from answering legal questions. Attorneys in Wheaton IL, such as M and B Law, have the experience to provide their clients with comprehensive real estate services, from the negotiation and drafting of real estate contracts to the closing and post-closing representation.

You need a real estate broker to help find your dream home or investment property, but you also need a attorney who is specialized in real estate law to help ensure that you and your property investment are secure. Whether this is your first home or you are a seasoned investor or purchasing a commercial property, hiring a real estate attorney is your best way to safeguard your investment and your interest every step of the way.

For a full list of what services a real estate attorney can provide you with, click here to learn more.

deer

Do not swerve for wildlife in the road

You’re driving along through Illinois, the cruise control on, going 55 MPH. Suddenly, a deer runs out of the trees and into your lane. You have to decide, in almost no time at all, if you’re going to hit it or try to swerve around it.

juvenile-records

New law makes it easier to expunge juvenile records

Most people would agree that the mistakes somebody makes as a child shouldn’t keep them from going to college, getting a job, or finding a place to live. However, until recently, Illinois’ inefficient expungement system and poor confidentiality laws meant that people with juvenile arrest and criminal records were often held back because of those past mistakes.

sue-my-employer

When can I sue my employer for a work-related injury?

Whether people are driving to a job in the Chicago area, shopping at a mall or are just using a commercial product, they can become injured due to the actions of another party. A drunk driver, a store owner who failed to warn of a slippery surface or a company that sold a faulty design could be found responsible for the victim’s medical bills, lost wages and other damages.

personal-injur-lawyer

4 tips for choosing a personal injury lawyer

Whether people are driving to a job in the Chicago area, shopping at a mall or are just using a commercial product, they can become injured due to the actions of another party. A drunk driver, a store owner who failed to warn of a slippery surface or a company that sold a faulty design could be found responsible for the victim’s medical bills, lost wages and other damages.

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Why do truckers tailgate cars?

An Illinois driver who allegedly ran through a red light started a multi-vehicle accident in Oak Lawn on Oct. 5, and recent toxicology testing has revealed that the 81-year-old Illinois man was intoxicated when the fatal crash occurred.

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Massive wreck in Illinois involves 11 vehicles, 3 killed

An Illinois driver who allegedly ran through a red light started a multi-vehicle accident in Oak Lawn on Oct. 5, and recent toxicology testing has revealed that the 81-year-old Illinois man was intoxicated when the fatal crash occurred.

are-insured-drivers-covered

Are insured Illinois drivers covered when lending their vehicles?

Know who is responsible and if your insurance has you covered if someone is involved in an accident while borrowing your car.

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The changing demographics of motorcycle riders

It’s very interesting to note some of the shifts in motorcycle ownership over the years. They show how the demographics are changing and help to illustrate what types of riders you can expect to see on the road.