What to Do When Charged with Drunk Driving in Illinois

Driving under the influence (DUI) or drunk driving is a serious offense in the US. While the number of offenses will determine if it is a misdemeanor or a felony, even one DUI conviction leaves a bad mark on your record. It can prevent you from getting certain jobs, and may mean the suspension of your driving privileges as well as fines. If you are charged with drunk driving in Illinois, you can take certain steps to try and beat the charge.

Take note if you have been Mirandized

In Illinois, the law requires that the arresting officer read you your Miranda rights when charging you for drunk driving. Failure to do so will invalidate any tests that may have been performed to confirm your blood alcohol level, such as a field sobriety test or breathalyzer test. It is tantamount to a free pass, so make sure that you…

Tell your lawyer

As soon as you can, ask for a lawyer. It is one of your rights when you get charged with drunk driving (which hopefully the officer forgot to inform you), so get one who is experienced in handling DUI cases in your state. Another right that you have which you should take advantage of is the right to…

Remain silent

Anything you say can and will be used against you in court, so the best policy is to say nothing until your lawyer is there to advise you. It may be tempting to be a smart mouth or to make a show of bravado, especially if the arresting officer makes snide remarks, but resist it. It could save your goat. When your lawyer arrives…

Discuss possible lines of defense

Field sobriety tests are far from infallible and even breathalyzer tests can be successfully contested if you can prove that there is a physical, medical or other legitimate explanation that explains erratic driving behavior or why you tested positive for a blood alcohol level of .08 or higher. Be sure to tell your lawyer anything that may be helpful.

These are the first things that you should do when you are charged with drunk driving in Illinois. The important thing is not to panic; stay calm and ask for a lawyer.

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Living with Erb’s Palsy

Erb’s palsy, also known as Erb–Duchenne palsy or brachial plexus injury, is muscular paralysis of the arm resulting primarily from trauma due to difficult childbirth. The damage is centered on the main nerves of the arm that are part of the brachial plexus. Erb’s palsy from birth trauma may result when shoulder dystocia occurs during childbirth because of the abnormal position of the baby, cephalopelvic disproportion or inadequate contractions of the uterus. As a result, the obstetrician may apply excessive force in delivering the baby, causing the C5-C6 nerves to be pulled, stretched, torn or avulsed.

When the damage is minor, Erb’s palsy may resolve without medical intervention over several months. On the other hand, more severe cases may require physical rehabilitation or surgery, and must be performed as early as possible. Such procedures do not work as effectively on older infants. In most cases where the nerves are torn, recovery of function is partial. Even then it may take several years and a series of procedures as well as rehabilitation. Avulsed nerves cannot be repaired. Living with Erb’s palsy where the nerves were torn or avulsed is not easy. It usually affects one shoulder, and may involve the arm and hand as well. The affected limb will grow as the child ages but at a slower rate, and since it does not function, it will become noticeably smaller as the child grows older. Aside from the functional disability, children with Erb’s palsy may feel apart from their peers and may affect their social and emotional development. It is always painful for any parent to watch a child suffer through no fault of its own.

Liability for a birth injury such as Erb’s palsy is not easy to pinpoint. In some cases, it may have been necessary for the doctor to use force in order to save the life of the infant. However, there are instances where the doctor was simply negligent, careless or incompetent, in which case it may be possible to bring an action of medical malpractice against the doctor and possibly the hospital. This will help in making life easier for the child, who will need extensive and long-term medical care. Consult with an Erb’s palsy lawyer in your area to get an assessment of your case.

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March 2019
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