Category Archives: Rock Island DUI Lawyer

Rock Island DUI Lawyer Steve Hanna Jonathan Ruud

Do you need a Rock Island DUI Lawyer?

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Rock Island DUI Lawyers Hanna & Ruud, LLC is a DUI and Criminal Defense Law Firm.  As a legal defense team working side by side, we aspire to achieve the best possible result for our clients.

Our goal is simple – through hard work, and in-depth analysis into each case – provide our clients with the best result possible. We work hard to provide our clients with an honest assessment of their case. Our Law Firm takes pride in finding solutions that are investigative and informative. When our firm starts your case, the furthest thing from mind is a guilty plea – we defend our clients with the belief that they are innocent until proven guilty, maintain that until end result.

Our Criminal Defense law firm takes a modern approach to each case, while staying true to classic methods of advocating for our clients. We invest in cutting-edge technology and software, attending criminal defense seminars frequently, monitoring recent State and Supreme Court decisions to see if they apply to our current cases, working with forensic experts in the Criminal Defense Field (including: Doctors, former Police Officers, Chemists, and other attorneys across the nation), as well as having an extensive legal library in office. Our Criminal and DUI Defense Attorneys have also taken the same required courses law enforcement has to be certified in performing Standard Field Sobriety Tests, and other courses required for law enforcement in Driving Under the Influence (DUI/OWI/DWI) investigations. Our theory is, “if we know how to do it right, we can spot when they are doing it wrong.” By rethinking DUI and Criminal Defense, we strive to provide the best possible result through dedication, knowledge, and advocacy for our clients. We exist because we believe in quality representation, and working hard for every client that walks through our door.

Traffic Attorney

Can I be charged with a DUI for Sleeping in My Car?

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Can I be charged with a DUI for Sleeping in My Car?

With the fourth of July just around the corner, a question or attorneys get is “Can I be charged with a DUI for Sleeping in My Car?” In Illinois you can be convicted for Driving Under the Influence (DUI) when your sleeping in your car or sitting in your car without the engine running.  Under Illinois law, the phrase “actual physical control” means that a person was in the vehicle with the ignition key and able to exercise physical control over the vehicle by starting the engine and causing the vehicle to move. It is not necessary that you be actually driving the vehicle to be guilty of DUI.  “Actual physical control” is defined as simply having the keys to the car in your possession.

This means if you are in your car and have the “ability” to start the car and cause it to move, you can be charged with DUI. If the car is parked, the engine is off, the keys are on the floorboard, and you are asleep, you still may be considered to have the “ability” to start the engine and cause the car to move.

DUI cases involving parked and disabled vehicles present unique facts. An attorney that primarily practices in DUI and Criminal Defense may be able to have the case dismissed.  As each case is unique Attorney Steve Hanna and Jonathan Ruud offer a free consultation to review your specific facts.

 

For any Drunk Driving, DUI, OWI, or DWI case in Rock Island, Scott County, Quad Cities, or the surrounding area, contact the Law Offices of Hanna & Ruud, LLC at (309) 797-9000

To learn more about our legal services and how we can assist with your criminal law matter, give us a call: 309-797-9000

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2018 DUI Laws Illinois

Illinois 2018 DUI Laws

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New Laws Concerning DUI in Illinois.

Effective January 1, 2018

 Enhanced penalties apply upon conviction for driving while revoked if the driver
is revoked for aggravated DUI that resulted in a death. The prosecution of an
Aggravated DUI resulting in the death of another person may be commenced at
any time.

Effective August 11, 2017

The Secretary of State shall be notified when a person has been convicted of or
received a court supervision for operating a snowmobile or watercraft while
under the influence of alcohol, drugs or intoxicating compounds.

Driving Under the Influence (DUI).

“Driving Under the Influence” is defined as operating a motor vehicle while impaired
by alcohol, other drugs, including cannabis (marijuana) prescribed for medical
purposes, or intoxicating compounds and methamphetamine. In Illinois, drivers
are legally considered to be under the influence if they have a blood-alcohol content
(BAC) of .08 or more, a tetrahydrocannabinol (cannabis) concentration (THC)
of either 5 nanograms or more per milliliter of whole blood or 10 nanograms or
more per milliliter of other bodily substance, have used any other controlled substance
or are impaired by medication. 

Rock Island DUI Attorney

If I’m stopped for driving under the influence (DUI) in Rock Island County, can a police officer ask me questions without reading me my rights?

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Aggressive DUI Defense Attorneys 

The DUI Attorneys at Hanna & Ruud, LLC are often asked this question when a client has been charged with a DUI in Rock Island County. The short answer is, “It Depends”. A police officer has to read you your rights on a DUI stop depending if you are in police custody or have been “seized” -- that is, whether you are subject to the restraints common to a formal arrest, or if you are free to go. The U.S. Supreme Court has ruled that the police do not have to provide Miranda warnings during roadside questioning of a motorist detained pursuant to a traffic stop. Thus, roadside questioning about your drinking, drug-taking, or performance on field sobriety tests does not constitute "custodial interrogation." However, once you are arrested -- or restrained by the police in a manner consistent with arrest -- you must be read your Miranda rights.

WHEN RESULTS COUNT

Hiring a DUI lawyer who will aggressively defend you and will review every circumstance of a driving under the influence (DUI) arrest in Rock Island County and has decades of experience dealing with the Rock Island County judicial system and a proven record of favorable results is a serious decision.  Attorney Steve Hanna and Attorney Jonathan Ruud have successfully “quashed” or “suppressed” unlawful stops or questioning of a subject in DUI arrests

EXPERIENCE MATTERS!

Defending client for 26 years in State and Federal Courts.   Member of National College for DUI Defense and Graduate of DUI Harvard Session.   Certified Field Sobriety Expert. Certified Breath Machine Operator for Datamaster and Intoxillyzer.   Advanced Blood and Urine seminar graduate. Suppression of more than 3000 lbs of contraband as Henry County Drug Trafficing Defense Attorney.  Success defense of hundreds of DUI and OWI cases in Rock Island, Mercer, Henry, Whiteside, Scott, Muscatine, Johnson, and Clinton Counties in Iowa and Illinois.   Successful defense in Federal Court where possession and trafficing of  hundred pounds of  marijuana resulted in immediate release from custody and probation sentence rather than prison.

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Hanna & Ruud, LLC and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

DUI Criminal Defense Expungement Attorneys

DUI Checkpoints in the Quad Cities July 4, 2016

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This time of  year there are many Road blocks and DUI checkpoints in Rock Island County and the Quad Cities. It is important to drive safe but to also understand your constitutional rights. You have the right to refuse all tests. A police officer is entitled to briefly stop a person to investigate if, given the totality of the circumstances, the officer has specific, articulable facts, taken together with rational inferences from the facts, that warrant the intrusion. Terry v. Ohio, 392 U.S. 1, 21 (1968) (emphasis added). DUI roadblocks are a “seizure,” and they are legal if the intrusion created by the police is limited, i.e., reasonable. In People v. Bartley, the Illinois Supreme Court held that “[t]he [DUI] problem is so serious that . . . we hold that this interest is compelling and will therefore justify some intrusion on the unfettered movement of traffic in order to reduce alcohol-related accidents and deter driving under the influence.” 109 Ill. 2d 273, 285 (1985). See also Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990). The Bartley Court further held that a DUI roadblock does not violate the Fourth Amendment even where the officer has no individualized suspicion. Bartley, 109 Ill. 2d at 280 (emphasis added).

People will seek to avoid roadblocks for a variety of reasons. Commonly, people mistake a roadblock for a traffic accident and make a turn or a U-turn before entering the checkpoint. Some people may recognize the roadblock for what it is, a DUI checkpoint, and avoid it for no reason at all. Law Enforcement Officers will stop those who avoid DUI Checkpoints to justify reasonable suspicion for a traffic stop. Recently however, the Third District Court of Illinois ruled that a motorist can legally avoid a roadblock.

 

309-797-9000

1528 6th Avenue

Moline, IL 61265

#dui #criminaldefense #duilawyer #duicheckpoint

Hanna & Ruud, LLC Attorneys at Law

1528 6th Avenue
Moline, Illinois 61265
United States (US)
Phone: (309) 797-9000
Fax: 309-736-9122
Email: [email protected]