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Will My License Be Suspended If I Was Arrested Without Probable Cause?

If you were arrested without probable cause, your license could be suspended. However, you would be entitled to a hearing on that. A judge has to find that there was reasonable suspicion to ask you to take the tests. The standards of the DMV are met as determined by a judge, so there has to be something to indicate that a person is under the influence. An officer can’t just pull someone over and say, “You are driver number five with a speeding ticket for driving 10 miles an hour over the limit, so I want you to take a field sobriety test.”

In Illinois, the DMV’s suspension of a driver’s license is civil in nature rather than criminal. For people who can only obtain a public defender, it is important to note that a public defender, at least in this state, can only represent people on cases that involve jailable offenses. The summary suspension part of the DUI is civil in nature; it is no criminal offense. A public defender might get appointed or represented on the DUI, but the public defender cannot be appointed and will not be allowed to file any motions to dismiss the summary suspension or the suspension that comes from the DMV as a result of the test result being above the legal limit. For people who don’t have the ability to hire a private attorney, this is a problem. They can file it on their own, but they probably wouldn’t know how.

For more information on License Suspension In Illinois, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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