Legal Defenses

There are several legal defenses available to an IL DUI defense attorney that can result in your Illinois DUI case being dismissed, or at least some of the evidence against you being rejected by the court.

The police must have a reasonable suspicion that you have or are violating a law before they are legally permitted to stop your vehicle. They are also required to have probable cause before they arrest you for an Illinois DUI. Through careful investigation and evaluation of the facts surrounding your case IL DUI defense attorney Brian Roberts will challenge whether the police met these legal threshold requirements before they detained you or arrested you.

Under the “Fruit of the poisonous tree” doctrine, the police are generally not allowed to use evidence they gathered against you in court if they violated your rights before finding that evidence. This comes into play when you are arrested for an IL DUI without probable cause and the police then collect a breath, blood, or urine sample from you.

If your DUI Attorney can show the court that the police would not have gathered this evidence against you if they had not violated your rights, then the evidence should not be used against you in court.

Additionally, if the police failed to follow the requirements of maintaining and testing the breath machine, or did not follow the proper protocols established to ensure that only valid breath results will be gained from an IL DUI suspect, then those results should not be used against you.

There are a number of legal defenses available to your IL DUI defense attorney, but each of them depend on specific facts and circumstances. When you hire Carbondale, IL DUI defense attorney Brian Roberts he will conduct a careful investigation of your case to ensure all of your rights are protected. Contact him today for a free, confidential case evaluation.