 |
|
Additional DUI Results
IL v. R.N. (Cook County) - client was charged with DUI as well as several other traffic tickets.
Result:
Mr. O'Meara answered ready for trial and the State's Attorney offered to reduce the charge to
Reckless Driving if the client pleaded guilty to it.
Mr. O'Meara rejected that State's offer to reduce the charge and still demanded a trial.
Then, moments before trial, the State agreed to dismiss the DUI charge as well as all other tickets.
IL v. B.W. (Cook County) - client under 21 years old charged with 2nd DUI.
He was on supervision for his first DUI when he was arrested for another DUI.
If we lost this DUI, his supervision for his first DUI would have certainly been revoked
and turned into a conviction. It would be highly likely that he would be sentenced to serve jail time.
Result: Mr. O'Meara pleaded his client not guilty and went to a jury trial.
Two police officers testified that the client was staggering, swaying, wobbling,
smelled of an extreme odor of an alcoholic beverage, refused to take the breathalyzer test
and used profanity throughout the arrest. After intensive cross examination of the officers,
Mr. O'Meara argued that the officer's testimony could not be credible.
After hearing all the evidence, the jury returned of verdict of NOT GUILTY of the
DUI in less than 1 hour of deliberations. Mr. O'Meara also won his client's summary suspension
hearing where he was able to convince the judge that
his client was not properly read the Warning to Motorists by the arresting officer.
IL v. LW (Cook County) - client was charged with driving on a revoked license.
He had 24 prior convictions for driving on a revoked license and had a $40,000 warrant out of his arrest for failing to
appear in court to answer to the charges for driving on a revoked license.
The State's Attorney demanded that the client be sentenced to 364 days in jail.
Result: 1 year supervision with no fines or jail time.
IL. v. AA (DuPage County) - client was facing a 3 year license suspension for
refusing to take the breathalyzer on 2 separate occasions.
Mr. O'Meara handled this client's first DUI which he was able to get dismissed.
Result: During a contested hearing, Mr. O'Meara argued that his client was not properly warned by the arresting officer.
The court agreed with Mr. O'Meara and ordered that the client's license should not be suspended.
IL v. FL (Cook County) - client was facing a 3 year license suspension for a DUI arrest and breathalyzer refusal
while he was on supervision for a previous DUI. Result: After a contested hearing
where Mr. O'Meara called the arresting officer to the stand, the court ruled that the client was not warned of his rights
properly and thus, rescinded the summary suspension of 3 years.
IL v. CF (Cook County) - client was facing second DUI charge and a warrant for her arrest due to her failure to
appear in court. Result: Mr. O'Meara was able to quash the warrant and
obtain a dismissal of the DUI.
IL v. MO (Cook County) - client was facing major jail time because
he was charged with his 4th DUI and he had a warrant for his arrest.
Result: Mr. O'Meara was able to quash his arrest warrant and, through major negotiations, he was able to get the DUI charge reduced to aggravated speeding which resulted in no jail time and low fines.
IL v. SK (DuPage County) - client was charged with her second DUI.
Result: After extensive negotiations, the charged was reduced to a reckless driving.
This result is almost unheard of in DuPage County.
IL v. T.S. (Cook County) - the client was charged with DUI.
Result: the charge was reduced to reckless driving.
IL v. JB (Cook County) - client was charged with DUI. Result:
Case reduced to reckless driving.
IL v. R.V. (Cook County) - client was arrested for DUI. He had a previous 'Driving While Impaired'
conviction in the state of New York. In Illinois, if you have a previous supervision or conviction for a DUI
or similar type of offense, then you are not supervision eligible.
Mr. O'Meara, through his investigation and research, determined that the state of New York distinguished
'Driving While Impaired' and 'Driving While Intoxicated'.
Mr. O'Meara argued to the Judge that his client was still supervision eligible for his second DUI
because of the difference in theNew York DUI law.
Result: After a lengthy and heated argument with the prosecutor,
the Judge sided with Mr. O'Meara's
legal theory and granted supervision to the client. This saved the client's license and potentially
kept him from jail time. Further, if the judge did not grant supervision, the client's license
would have been revoked for at least 1 year which would have cost him thousands of dollars as
well as the loss of his employment.
IL v. C.B. (Cook County) - client charged with revoking his DUI supervision due to his testing
positive for illegal drugs and missing meetings with the supervision monitoring agency.
State was seeking to revoke the supervision for the DUI and have the Judge sentence him to jail time.
A revocation of the supervision would have resulted in the client losing his license for at least one year.
Result: Mr. O'Meara convinced the Judge to keep the client's supervision in tact and to keep him out of jail.
IL v. S.L. (Cook County) - client was charged with Felony Aggravated DUI (Third DUI)
as well as having a revoked driver's license from his previous DUIs.
Result: At the probable cause hearing, Mr. O'Meara poked enough holes
in the police officer's testimony that the judge found no probable cause for the States Attorney's
office to continue with the charges. Therefore, the States Attorney's office dismissed all the charges.
IL v. V.G. (DuPage County) - client was charge with DUI after being involved in a serious car accident
where her blood was taken to determine her level of intoxication.
Result: DUI charges dismissed.
IL v. L.J. (DuPage County) - client was charged with violating his DUI supervision in that
he was arrested for driving during the term of his license suspension.
The State sought to turn his supervision into a conviction
and send the client to a term of incarceration.
Had this occurred, the client's license would have been revoked for a minimum of 1 year and the
client would have lost his job.
Result: Mr. O'Meara was able to keep his client's supervision intact
with no jail time.
In addition, the client was able to keep his driver's license and, therefore, his job.
IL v. J.V. (Cook County) - client was charged with Felony Aggravated DUI after
allegedly driving on the sidewalk and failing miserably all field sobriety tests.
He also received numerous other tickets such as driving without insurance and driving with no license.
Result: After several months of hard work, Mr. O'Meara
was able to convince the prosecution to reduce the charges to a misdemeanor DUI.
Thus, the felony charge was dismissed and the client received supervision for misdemeanor DUI.
In addition, all remaining charges were dropped.
IL v. J.S. (Cook County) - client charged with DUI.
Result: All charges dropped.
IL v. L.C. (Cook County) - client charged with Felony DUI as he had 2 prior DUIs and
was still on probation for his second offense. Client was traveling 79mph in a 40 mph zone on Lake
Shore Drive. Client admitted to drinking, had strong odor of alcohol, bloodshot eyes, leaned on
car to keep his balance and "miserably failed" the field sobriety tests. The prosecutor was seeking
substantial jail time.
Result: Mr. O'Meara filed a motion to quash the arrest.
While the judge denied the motion, he found that the arresting officer was not a credible witness
based upon Mr. O'Meara's cross-examination. As a result, the case proceeded immediately to a bench
trial where the judge found the client not guilty of all charges.
|
legal | privacy | resources
|
|
Free Case Consultation
(no cost, no obligation)
phone:
312-909-0706,
or form below:
|
|
