Winnebago County DUI Attorneys and Illinois Statutory Summary Suspension Law
The Illinois Legislature passed statutory summary suspensions laws that targets towards drivers who drive motor vehicles and are charged with Driving Under the Influence (DUI). These Suspension Laws apply to any driver who is arrested for a DUI in Winnebago County, Illinois. Winnebago County is located in North Western Illinois. The population is 278,418 with the county seat in Rockford, Illinois. When a driver is arrested a DUI in Winnebago County and he refuses the to submit chemical testing, ie breathalyzer test, blood test, or urine test, or submits to a test which indicates a blood alcohol level in excess of .08, the driver's license will be suspended on the 46th day from the date of the arrest. When the arrest occurs in Winnebago County, the case will be filed with the Winnebago County Circuit Clerk's Office located at 400 W. State Street, Rockford, IL 61101. You can contact the Winnebago County Circuit Clerk at 815-319-4500. The case will be assigned to an Associate Judge at the Winnebago County Courthouse. The length of statutory summary suspension ranges from as little as 6 months up to 3years depending upon numerous factors, which includes prior DUIs and Suspensions. The DUI charge will be prosecuted by the Winnebago County State's Attorney's Office. The phone number is 815-319-4700.
A driver who was arrested for a DUI is eligible may be eligible for monitoring driving device permit (MDDP) if they are considered a first offender. The defendant's attorney will complete the appropriate paperwork to apply for the MDDP. To obtain the permit, the State of Illinois requires that a Breath Alcohol Interlock Ignition Device (BAIID) be installed on their vehicles. The costs can range from $1000 for a 6 month suspension to $2000 for a 1 year suspension.
A person arrested for a DUI in Winnebago County has the right to contest the statutory summary suspension, but petition must be filed within 90 days of the service of the notice summary suspension. The Winnebago County State's Attorney's Office will oppose you on this motion. The burden of proof at the hearing is on the motorist. The right to a timely hearing is a right and must be within 30 days or the first court date. The summary suspension may be rescinded if the police violated various procedures associated with the DUI arrest. Winnebago County is a large size county in Illinois. The median age is 36 years. It is important that you retain an attorney who is familiar with the players in the court system. There were 1580 DUI arrests in Winnebago County is 2008. Winnebago County borders Wisconsin. Winnebago County has a total area of 519 square miles. Two major interstates travel through Winnebago County, Interstate 39 and Interstate 90.
An experienced Winnebago County DUI Attorney may be able to challenge portions of your summary suspension. In addition, your Winnebago County DUI Attorney may able to have the criminal case dismissed or reduced from a DUI. It is highly recommended that you hire a Local DUI Attorney that is familiar with DUIs in Winnebago County. The Winnebago County DUI Attorney will be very familiar with the local prosecutors and the judges.
Questions and Answers
Our office receives numerous inquiries about withdrawing a plea based on a variety of grounds. The underlying reason is that the potential client believes that the terms of the plea are unfair. Sometimes the potential client believes his or her prior counsel provided ineffective assistance because little or no investigation was performed of various defenses or there was a proper basis for an arrest.
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