Traffic Attorney

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

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

Contact Us

2018 DUI Laws Illinois

Illinois 2018 DUI Laws

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?

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

Rock Island DUI Defense Attorney
5/5

OUTSTANDING

Steve was Johnny on the spot. He knew the law, the judges, and the prosecutors. The felony crime required a jail sentence if convicted, Steve somehow had the charges amended to a misdemeanor and got me probation for a mandatory jail case. it was worth every penny to keep a felony off my record and to stay out of prison. His office was courteous and he returned all calls the same day. I would not hire anyone but him if I were charged again.

5/5

Awesome Lawyer 

Very Knowledgeable would hire again if convicted of another crime and the lawyer he had sub for my case was very very good.

5/5

DRUG TRAFFICKING

WORTH EVERY PENNY

My family hired Steve for a drug trafficking case. The State wanted 12 years in prison, but Steve was able to get Probation with a fine. He kept me out of prison when there was almost no hope for such a great result. Additionally, his office was courteous and professional. I can’t thank the Hanna Law Office enough for everything they did.

5/5

Criminal Defense

Steve Hanna was an integral part of my defense team. His dedication and hard work helped me to be victorious in my case. I appreciate all of his help.

 

5/5

I was having a very difficult time finding employment, due to an old arrest. Mr. Hanna and Mr. Ruud worked very hard to get this off my record. I now am able to work full-time at a well paying job, and raise my family . Thank you !!! Five Stars!!!

5/5

I was just about to get my license suspended when I found Mr. Hanna and he came to my rescue. The process was surprisingly completely painless and quick. He prepared me for the hearing he requested, made everything easy to understand and most importantly he has a very calm, easy going, easy to talk to personality which made everything work that much smoother. Highly recommended. In conclusion: A+

5/5

Steve’ s office was extremely professional. He was punctual and very knowledgeable. He evaluated the case and found several technical defenses which resulted in a dismissal. He saved my driver’s license and and my livelihood. I would not hire anyone else if your future is at stake.

5/5

Worth the Money!

I had a great experience with Steve Hanna. Great results, great communication, and very professional. Worth every penny, especially if you want an experienced lawyer (which is just what I needed!!).

5/5

I was stopped by the police for no reason. Without my permission, the police held me and searched my truck. Long story short, I was charged with drug trafficking and held in the County Jail. Attorney Hanna was able to get my bond reduced within 24 hours so that I could bond out. After I bonded out, Attorney Hanna obtained evidence from the State which he used against them in a Motion to Suppress to have my case dismissed.

I was facing 12 years in prison, but as it turns out I am grateful that the only day I served was the day before I bonded out. I would hire Steve again without hesitation and would recommend him strongly to anyone who is charged with a crime.

5/5

Contacted the law office concerning a ticket for my son – we live out of town. The admin support personnel knew exactly what to do. In speaking with the attorney, they knew exactly what to do. The case was taken to the judge the next day. The ticket was changed from a conviction on his record to supervision. The office staff and the attorney was exceptionally professional and courteous. I would not hesitate to contact again if needed.

David 

July 14, 2017

5/5

GREAT RESULTS!

Thank you so much Steve Hanna for your excellent ability to handle my dui case. I was not too happy to get thrown around by the court system and didn’t think i even needed an attorney. After a good thrashing by the system the judge said to get an attorney asap. I was looking for an attorney who specialized on drunk driving cases and found Steve Hanna. My case was very confusing to me but Mr. Hanna took care of all the details in a timely manner. This is a great company to work with if you are looking for results as my case came out positive for me.

5/5

Very Grateful

Attorney  Steve Hanna was great to have on my side for my DUI. I was really afraid of what could happen after I was charged but Mr. Hanna was there for me every step of the way, he really went above and beyond. I would totally use Mr. Hanna again in the future. Thanks Again

5/5

Charges were dropped!!

I was facing jail time and thanks to Steve Hanna I didn’t have to go. My fines were also dropped. Great attorney, and he always responded to my calls and answered all my questions. I would definitely recommend him to anyone.

5/5

Excellent!

 I had a DUI in Rock Island and Steve Hanna and Jon Ruud were very helpful. They helped understand the process, and the staff was able to answer many of my questions. In the end I did not lose my license and the charges were reduced. Price was totally worth it, I felt like I got two lawyers for the price of one!
5/5

Don’t know what I would have done. VERY CONFIDENT!

I am not from the area. I called about 8 firms.
Mr. Hanna took my call and spoke to me at that time.
I didn’t have to wait a 1 week for a b.s. ” phone consult”
which really was nerve wracking. He was confident and I hired him on the spot. Very thankful I found him.

5/5

Great Attorney!

Steve knows his science in DUI cases! My case was dismissed because the State could not prove I was under the influence. I refused and was not intoxicated. Worth the money!

5/5

Experience makes a difference

Mr. Hanna had a good rapport with the judge and prosecutor, he was able to get me the best sentence possible. He made me feel comfortable and confident. Thank you again!

 

5/5

Very Pleased Client

I give Mr. Hanna an overall rating of Excellent in dealing with my case. I was VERY happy with the way he explained everything to me, answered all of my questions, and kept me informed concerning updates of my case. He was extremely knowledgeable in DUI’s and things went just as he said they would – no surprises. I gathered all the information that he asked me to get to his office in a timely manner and he thanked me for that. I highly recommend Steve Hanna – you won’t be disappointed!

 

5/5

TOP NOTCH ATTORNEY!!!!

If you have a DUI, this is the man to call upon! He is an expert in this field and would not go to anyone but him for this… He is usually in his office in the afternoon and took my call immediately. Very nice man. Compassionate. I truly felt like he would help me and he did! I will be recommending him to everyone!

5/5

He did exactly as he told me he would do!

Steve Hanna knows his stuff! You show respect and he gives it back twice fold! I would highly recommend this lawyer for any Criminal case or for a DUI. I had a terrific outcome for my case and for that, I can thank my lawyer! He is worth every penny!!!

 

5/5

Efficient and Friendly

Thank you very much! Given the results, I must say that I feel the fees I paid were reasonable and very well spent 🙂

You worked as advertised and I would confidently refer you, should need arise.

5/5

Took my case to trial and won!

I was charged with a DUI even after I passed all sobriety tests. Attorney Ruud took my case all the way to trial and all charges were dismissed and saved me from losing my license! This lawyer rocks!

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.

Rock Island DUI Lawyer Steve Hanna Jonathan Ruud

Do you need a Rock Island DUI Lawyer?

[embedyt] http://www.youtube.com/watch?v=EwZj07GRU78[/embedyt]

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.

DUI Criminal Defense Expungement Attorneys

DUI Checkpoints in the Quad Cities July 4, 2016

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: contact@hanna-law.com