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Recent Blog Posts
DUI Client avoids Suspension of Driver's License
In a prior article, I explained the importance of trying to avoid a summary suspension of your driver's license if you are arrested for Driving While Under the Influence of Alcohol ( DUI ). Recently this came to light in a DUI case I handled for a Cook County DUI client. Although he submitted to a breath test which showed at .18% blood alcohol level, I was able to negotiate with the prosecutor to avoid the suspension of his license. Whether you receive a DuPage County DUI, Kane County DUI, or Cook County DUI, always obtain the services of a DUI attorney familiar with the defenses or negotiation options. The Law Office of Stephen Brundage can help. Attorney Stephen A. Brundage has handled over 500 DUI cases and has prior experience as a police officer who specialized in DUI enforcement and training.
DuPage County Order of Protection Dismissed
I recently represented a client who had an Order of Protection filed against her. Despite testimony from the alleged victim claiming my client was harrassing and threatening her, I convinced the court to dismiss the Order of Protection against my client. The judge cited the lack of evidence and noted the credibility of my client. The DuPage County Order of Protection was then dismissed. Be sure to protect your rights if you are ever involved in an Order of Protection. The Law Office of Stephen Brundage concentrates in representing individuals accused of crimes and violations of orders of protection in Dupage County and surrounding counties.
New Speeding Laws Get Alot Tougher
Currently, speeding 40 mph or more over the limit results in a conviction and the loss of your driver's license. In other words, you cannot receive Court Supervision for that type of offense. That type of speeding charge can be devastating to your driving privileges.
Now, new legislation is pending that would prohibit getting court supervision for speeding more that 30 mph over the limit. In some areas, such as an urban (residential), the benchmark is lowered to 25 mph over the limit.
What does this mean to Illinois Motorists? Basically , their opportunity to keep these types of speeding tickets off their records evaporates, which will cause a much larger segment of our driving population to lose their driver's licenses because of suspension and revocations. Also, their insurance rates will increase significantly.
The Law offices of Stephen Brundage works on these types of ticket to avoid the consequences contemplated by our legislature. Hiring an experienced traffic lawyer for these types of violations in Dupage, Kane, Cook and surrounding counties is big decision. Stephen Brundage concentrates in these types of traffic and criminal problems and can help. Contact Stephen Brundage at 630-260-9647 for all your criminal and traffic needs.
Ways to avoid Summary Suspension of Driver's License as a result of a DUI arrest
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.
Not Guilty Verdict in Hit and Run Case
I recently represented an individual charged with a Class A misdemeanor Hit and Run. He was accused of striking propoerty with his car and then leaving the scene of the accident.
After a full trial, the Judge found him not guilty. Event though wtinesses testified that he struck the object and drove away, the State prosecutor was unable to show that he KNEW he struck the object and damaged it which is a required element in the criminal charge.
He avoided the suspension of his driver's license a punishment that could have been up to 12 months in jail.
Always be sure that your lawyer is very familiar with the criminal and traffic laws because every offense contains very specific elements which must be proven beyond a reasonable doubt. A knowledgeable lawyer is an integral part of a winning strategy.
Court Supervision- What does it really mean?
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.
Battery Trial Results in Acquital of Gymnastics Coach
My client was accused of having inappropriate contact with a fellow gymnastics instructor and former student. At trial, I successfully argued that the mental state required in the proving the offense of Battery was not present and that the credibility of the witnesses weighed in favor of my client. After a trial, a judge acquitted my client of the criminal Battery Charges placed against him. This protected my client from a punishment that ranged up to one year in jail and would have had a devastating effect on his future coaching career.
Criminal defense trial attorneys should always examine the elements of criminal charges carefully to expose weaknesses in the prosecution's case. Criminal cases involving sexual assault, battery, and other allegations of personal harm will always involve a complaining victim. Careful consideration must be given to credibility of these alleged victims in evaluating a criminal case.
Not Guilty Verdict in Child Pornography Charges
Recently, I represented a defendant on charges of possession of child pornography charges. After a three day trial, a jury in Kane County delivered a verdict of Not Guilty on all charges. Even though my client reportedly admitted to the police that illegal images were on his computer, and a search resulted in images being found on a computer under his sole control, I convinced the jury that the evidence was still insufficient for a guilty finding. By obtaining a not guilty verdict, my client avoided possible punishment of up to five years in prison and a life long obligation that he registed as a sex offender.
Computer Crimes are being charged much more often and often times law enforcement has difficulty in proving knowledge and intent when it comes to alleged images on a computer. In my practice I carefully analyze the strengths and weaknesses of the prosecution's case, and require them to prove beyond a resaonable doubt the criminal charges
630-260-9647
From our office in Wheaton, Illinois, we serve clients throughout the Chicago area including but not limited to Winfield, Warrenville, West Chicago, Glen Ellyn, Naperville, Lisle, Downers Grove, Lombard, Oak Brook, DuPage County, Kane County, Will County, and Cook County.
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