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IL DUI and Suspended/Revoked License. (Felony Aggravated DUI). Lake County Sheriff Arrest. Dismissed: No Probable Cause.

DUI and driving while license suspended/revoked charges. All charges dismissed.

Download the court records

 

Local Waukegan attorney Lewis Gainor successfully represented a man arrested for driving under the influence (DUI) and driving while license suspended / revoked. On June 26, 2004, a Lake County Sheriff's deputy pulled the man over. As is the practice with law enforcement on patrol, the deputy randomly ran the car's plates to check whether the registration was suspended or revoked by the Illinois Secretary of State.

 

Dispatch reported that the Illinois Secretary of State had suspended the license plates because they were registered to a driver whose privileges were suspended or revoked. Accordingly, the deputy had probable cause to stop the vehicle.

Lake County Drunk Driving Arrest | Recent Lake County Drunk Driving Arrests and DUIs | Recent Arrests in Lake County, IL for Drunk Driving and Criminal Offenses

 

The sheriff's deputy noticed a strong odor of alcohol coming from inside the vehicle. This initiated a DUI investigation in which the driver failed field sobriety testing.

DUI While License Suspended/Revoked | DUI Without a Valid License | Class 4 Felony of Aggravated Driving Under the Influence for Driving Without Proof of Insurance

 

The deputy had a wrecking crew come tow the man's car. It was impounded and the driver would only get his car back after paying a substantial penalty.

 

Waukegan DUI attorney Lewis Gainor went to court with his client on January 18, 2005. At this point in time, the charge of driving under the influence while license suspended or revoked was only a misdemeanor offense. The state legislature has subsequently enhanced this offense. Today, this case would be a Class 4 felony of aggravated driving under the influence, which is punishable by 1 - 3 years in state prison (e.g., the Illinois Department of Corrections).

 

Lewis Gainor got all charges dismissed.

Motion of Lake County State's Attorney to Dismiss Charges | Lake County State's Attorney Motion to Nolle Pross (also called Nolle Prosequi or Nolle Process)

 

 

 

 

 

 

 

 

 

 

 

 

Court Records

Criminal offense: DUI.pdf
Criminal offense: driving while license suspended or revoked.pdf
DUI and driving while suspended or revoked dismissed.pdf
Judge's written order dismissing the charges.pdf