


Help with a DUI Charge?
I am having a horrible problem here in the county I reside in...I live in Richland County in Illinois and was recently arrested for a DUI here. To explain, I am 50 years old...I don't drink much at all and don't do any hard drugs. I am however, a smoker of marijuana and have been since the 70"...
I am having a horrible problem here in the county I reside in...I live in Richland County in Illinois and was recently arrested for a DUI here. To explain, I am 50 years old...I don't drink much at all and don't do any hard drugs. I am however, a smoker of marijuana and have been since the 70"s. I am a responsible driver and have a flawless driving record until I move here.
I had about 2 1/2 years ago, been stopped at a local road check just after I had some friends in the car and the smell of marijuana was still in the car. I received a DUI for that since my urine test came up dirty and was placed on 2 years supervision. I represented my self and during the proceedings I admited to the State's Attorney and the Judge I do smoke marijuana occasionally. Now 6 days before my supervision was over, a Richland County Sheriff stopped me on our main street since I am sure he seen my car parked at a local bar. He informed me he smelt alcohol and asked if I was drinking. I told him yes I had 3 beers...which I did. He had me do those wonderful sobriety tests and then said I was being arrested even though I am sure I passed those tests..and that he needed to perform additional tests at the station. He asked if I would take a breathalizer which I aggreed to do so. I passed at a 0.04. He then asked if I would take a urine test...now they know I do smoke occaisionally and know if I had smoked even 10 days ago I would come up dirty on the test. I didn't refuse but asked to speak to a attorney before I took the test to see if there was any thing I can do to protect myself..he then said I refused which I told him I am not refuing I just want to talk to a attorney first....This went on for about 7 times before he told me to go with another deputy. He then entered the room where I was and said my license would be suspended for 3 years for refusing to take the test and I told him I didn't know that...he said he read it to me but when he was reading me something he read so fast I didn't even hear him say that...I then told him I would take the test even though it wasa catch 22...he said it was too late.
The reason he pulled me over to begin with was for no license plate lights...one of them was blown but the other worked and was at the time of the stop.
What, if anything, can I do to help myself in this fiasco?
By the way since a smart ass wanted to inform me I was under the influence..I wasn't..I passed the breathalizer and hadn't smoke any marijuana for 8 days...I would call tah not under the influence of anything but under the influence of over-bearing and to say it nicely ass..le cops!
Get a lawyer. Cops can’t deny you legal counsel like that.
get a lawyer
The bottom line to this whole story is simple…you were driving while impaired…and on two seperate occasions. Face the consequences and stop driving while under the influence, it is as simple as that. Your driving record is no longer, "flawless," and with each conviction your consequences will be more severe.
Sorry Stuart but truth is sometimes a difficult pill to swallow. If you are in fact, "innocent," of the DUI then fight it in court, what do you have to loose. My point is, this sort of conviction, including the lose of your driver’s license can ruin your life. Why drive even after three beers if you already have one conviction on your record?
No Comment, I just want to wish you and yours a Very Happy ~N~ Joyous Holiday and may the New Year bring you much joy and peace!!
God Bless!
The cop sounds like he was bulls****ing you. Refusal to take the test before speaking to your attorney would not be grounds for suspending your license for three years.
Get legal advice about this.