Ray Flavin's Legal Blog

I have just returned from my vacation in the caribbean, and I hope that you have enjoyed your holiday season.  A couple of DUI tips for the holidays.

Your body can eliminate one ounce of alcohol in an hour.  I have been told that a person can drink one shot or beer or wine per hour and still be under the legal limit.

You are not required to do ANY field sobriety tests for the police.  You can't be required to talk to the police.  You are required to identify yourself with your driver's license.

Of course all of the rules that apply to breathalyzers still apply.  If you have had a DUI in the past, your should make plans to have others drive to avoid any possibility of police error.

Drive smart, stay safe and Happy New Year.

Ray Flavin

Posted by lawblog at 02:46 PM | Permalink

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The Law Office website is up and running.  Although it is not exacty what I would like it to look like, it does function correctly.  Take a look and email me with any comments.

Ray Flavin

Posted by lawblog at 05:01 PM | Permalink

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There are a lot of opinions on whether you should take the breathalyzer or not.  Most of the opinions are wrong.  Its time to clear up at least one aspect of DUI law.

If you had a DUI, and completed the case less than five years ago, and you decide not to take the breathalyzer; you will be suspended for THREE YEARS.  You will not be able to get a work permit (JDP).

Why Illinois hasn't made this clear to drivers is beyond me.  Forget what your friend told you, I'm telling you now, that's the rule.  Illinois changed that rule because everyone would say, "Don't take the breathalyzer."  For that specific situation, now you know the rule.

If you are suspended for three years you may still have a hearing to challenge the suspension.

Ray Flavin

Posted by lawblog at 07:45 PM | Permalink

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I have represented doctors, lawyers, and CEOs.  Often in those cases, time is of the esence.  They would like to have the charges resolved quickly and the supension rescinded quickly (where available).   They would like this all to occur in one court date, with the paperwork being sent by FedEx.  They would like to arrange not to have to return to court.  I wonder how many driver's would be interested in this "expedited service?"  Feel free to comment whether you would use such a service.

Ray Flavin

Posted by lawblog at 08:19 AM | Permalink

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For those of you that don't know already:  COURT COSTS ARE TOO HIGH.  For example did you know that the court costs on a Marengo DUI are about $1,350.  That is before fines.  A simple traffic ticket for a seat belt violation could have a fine as little as $10, yet the court costs will bring the total charge to over $130. 

It's time to put a stop to these hidden fees. I would suggest that you write your state legislator, however you can blame this whole mess on the Illinois Supreme Court.  They actually write the rules that govern court costs.  There should be a rule that costs can't exceed the amount of fines, period.

Ray Flavin

Posted by lawblog at 07:37 AM | Permalink

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