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The summary suspension laws in Illinois provide that your driving privileges may be suspnded six months if you fail a breath test.   On the other hand, if you refuse to take a breath test, the suspension is for one year.  These suspension periods are increased if you have a prior DUI.

Often times, a summary suspension can be negotiated just like any other criminal case.    As part of the "give and take" process, sometimes there can be an agreement reached between the prosecutor and the defense attorney that avoids the suspension altogether.  Every case is different.

Of course, ultimately a defendant can have a hearing to determine if the summary suspension should be imposed after a DUI arrest.   There are many legal defenses that exist for challenging a DUI arrest and summary suspension.   Some of the more common defenses include such things as the police officer not having a basis to stop your vehicle.  Also, once stopped, you can challenge the DUI arrest iteself, claiming the police officer did not have probable cause to belileve you were under the influence of alcohol or drugs.  Finally, issues may exist regarding the reliablility of the breath machine itself, or whether or not you truly "refused" to take the test.


Court Supervision- What does it really mean?

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My clients are often confused by the term court supervision.    Many clients ask me if a crime or traffic ticket will end up on their record.  This is a common question because people get confused regarding the term "conviction" and other forms of a disposition in a criminal and traffic setting.

"Court Supervision"  simply means that the court withholds judgment against you ( does NOT enter a conviction) as along as you comply with the terms of your sentence.   At the conclusion of the court supervision period (ranging anywhere from 60 days to 30 months), if have satisfactorily complied with the court's conditions, the case is closed with no conviction.

When you receive Court Supervision, a record will be created in the County where you were arrested as well as the State of Illinois Criminal and Traffic Databases.     When someone asks me if a charge or ticket will go on their record, I tell them yes, but maybe NOT as a conviction.  In other words, Court Supervision is reported on records, but it less serious and damaging to your record than a conviction.

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