Published November 28, 2009
Driving Under the Influence
I was arrested for DUI and I received two tickets. Is that bad?
It is bad that you were arrested for DUI, however, you should not be concerned about receiving two citations. Whenever a person is arrested for driving under the influence of alcohol and blows .08 or over, the police issue two citations. One citation will allege a violation of the .08 law (625 ILCS 5/11‑501(a)(1)) and the other will allege a DUI violation without regard to the BAC of the driver (625 ILCS 5/11‑501(a)(2)). The circuit clerk will file both of these citations under a single DUI case number and each citation will be a separate count of DUI under that DUI case number. So, if you blew .08 or over and received two citations, the police officer wasn’t punishing you by writing two citations; the officer was simply proceeding in the manner that officers usually proceed in this type of case.
Published November 16, 2009
I practice law in a college town. Each school year, there are students who discover that their actions have consequences. For example, some find out that drug use leads to drug arrests; others discover that excessive alcohol consumption and driving don’t mix. College students are not invincible and they are certainly not invisible to police and prosecutors. Criminal consequences have teeth — especially when received at a young age. It is difficult to get a job when a person is on felony probation. What will a prospective employer think of an applicant the employer watches blow into a device before the applicant starts his car? Of course, there are some consequences unique to college students: university sanctions. These sanctions can include things like academic probation and even expulsion from the school.
Each school year, the school of hard knocks opens its doors for business; wise students will learn from past graduates of this school.
Published November 7, 2009
Prosecutors , Uncategorized
There are times, usually in the domestic-battery context, when a victim does not want the government to prosecute a defendant. The victim can ask the government to not prosecute the defendant, however, the government is not required to honor the victim’s request. The decision whether to press charges belongs solely to the prosecutor’s office. The prosecutor can either ignore or honor a victim’s wishes. Charges are dismissed by prosecutors and not victims.
Published November 3, 2009
Effingham County Government Center -- photo taken 11/3/09
Visitors must enter through the doors pictured above (the set on the left) and then pass through security. The address of the Effingham County Government Center is 120 W. Jefferson Ave., Effingham, IL 62401.
There are four courtrooms in Effingham County — courtrooms “A” through “D.” Courtrooms “A” and “B” are located on the second floor and courtrooms “C” and “D” are located on the third floor. Most criminal cases are held in courtroom “B.”
The courthouse is open Monday through Friday from 8:00 a.m. to 4:00 p.m.