Attorney James G. Dimeas
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Not Guilty of a DUI After Trial in Rolling Meadows

Not Guilty Verdict after trial for a DUI Charge in Rolling Meadows

People v. Q.G. - I recently represented a client that was charged with a DUI at the Rolling Meadows Courthouse in Cook County. The client had taken a Breathalyzer Test which indicated that his blood alcohol content (BAC) was a .066, which was under the legal limit of .08.  In spite of the fact that the client's blood alcohol content was below the legal limit, the police arrested him and charged him with a DUI for Operating a Motor Vehicle Under the Influence of Alcohol. The state realized that they had a weak case so they offered to reduce the DUI down to a Reckless Driving charge and give him Court Supervision, along with 240 hours of community service and alcohol treatment. After reviewing the surveillance videos, audio tapes, and police reports provided by the state, I recommended that the client not accept the offer and take the matter to trial because I believed that the client was not guilty and that we would win the case. After the case went to trial, the judge agreed with my evaluation of the case and found my client not guilty of the DUI.

His vehicle was not swerving and he pulled over his vehicle without any obvious signs of impairment.  According to the police report and the squad car video, the officer asked my client where he was coming from and whether he had anything to drink. My client I told the officer that he was coming from dinner at a local restaurant and that he had one beer over a four-hour period. The officer testified that as soon as he encountered my client, he noticed a strong smell of alcohol coming from his breath and that his eyes appeared glassy and bloodshot. The officer told my client that he didn't believe that he only had one beer and my client insisted that he only had one beer.

The officer then requested that my client exit the vehicle and perform Standardized Field Sobriety Tests to determine whether he was under the influence of alcohol. My client refused to perform the Field Sobriety Tests. He told the police officer that he had a prior bad experience with police when he was growing up and that he would rather go down to the Police Station and take a Breathalyzer Test to prove that he was not Under the Influence of Alcohol. The officer kept insisting that my client exit the vehicle to perform the Field Sobriety Tests but my client insisted that he would rather take a Breathalyzer Test and refused to exit his vehicle and perform the Field Sobriety Tests.

Another officer arrived at the scene to assist the original officer. The second officer also tried to convince my client to exit the vehicle and perform the Field Sobriety Tests but my client continued to insist that he was not Under the Influence of Alcohol and kept on offering to go to the Police Station and take a Breathalyzer Test. Eventually, the officers placed my client under arrest, put handcuffs on him, put him in the back of the squad car, and took him down to the Hoffman Estates Police Station for suspicion of Driving Under the Influence of Alcohol. 

The officer testified that he noticed a strong smell of alcohol in his squad car while he was driving my client to the Hoffman Estates Police Station. At the Police Station, the Police Officer administered a Breathalyzer Test which indicated a blood alcohol content of .066. The officer testified that while at the police station, he noticed that the smell of alcohol coming from my client’s breath was diminishing in strength as time went by. After the client took the Breathalyzer Test, the officer issued him a citation for a DUI and gave him a court date at the Rolling Meadows Courthouse in spite of the fact that his blood alcohol content was below the legal limit.

Driving Under the Influence of Alcohol (DUI) is a class A Misdemeanor in Illinois. A Class A Misdemeanor carries a maximum punishment of up to one-year in County Jail and a maximum fine up to $2,500. In addition to the criminal penalties associated with a DUI in Illinois, a conviction for a DUI may cause your license to be suspended or even revoked. If you refuse to submit to a Breathalyzer Test, you may be facing a 12-month suspension of your driving privileges in Illinois. If you take a Breathalyzer Test and the results are .08 or above, you could be looking at a six-month suspension of your driving privileges in Illinois. Because my client did not refuse to take a Breathalyzer Test he was not looking at a 12-month suspension of his license. And because he did take a Breathalyzer Test and the results were below .08, he was not looking at a six-month suspension of his license. The 12-month and 6-month suspensions, known as the Statutory Summary Suspension, related to the Breathalyzer Test did not apply to this case as they do in most DUI cases in Illinois.

In Illinois, there are two ways that you could be charged with a DUI. The first is if you take a Breathalyzer Test and the blood alcohol content was .08 or above. The second way that you could be charged with a DUI is if the police and the state can prove that you were Driving Under the Influence of Alcohol even if there's no Breathalyzer Test results or blood results, or the Breathalyzer Test was not a .08 or above. In order to prove you guilty of a DUI without a Breathalyzer Test or a blood test indicating a blood alcohol content of .08 or above, the state has to convince the Judge or Jury that you were Driving Under the Influence based on the videotape, statements made by the driver, and all of the other evidence that the driver was Under the Influence of Alcohol. Since my client did not take a breathalyzer test, was not offered a blood test, refused to take any Field Sobriety Tests, and his blood alcohol content was below the legal limit, the state only had the squad car video, the observations of the Police Officers, and any statements made by my client to prove their case.

At the DUI trial of this case, I was able to play the surveillance video from the squad car which showed everything that happened at the scene of the arrest from the moment the officer started following my client’s vehicle until he was placed into the squad car in handcuffs. I showed the Judge that my client was driving his vehicle within his lane of travel the entire time. At no time did my clients vehicle swerve or cross any of the lines of the line of traffic that he was driving in. I was able to point out that mt client answered all of the police officers’ questions without any difficulty and had no difficulty handing him his license and his insurance card. After the client was informed that he was under arrest, he exited his vehicle without any difficulties and walked to the squad car without any difficulties.

I was able to show that the only moving violation committed by my client was that he was driving at a high rate of speed. I pointed out that the only other traffic violation on the squad car video tape was of the Police Officer not making a complete stop at the red light at the intersection of Shoe Factory Road and Higgins when he was making a right turn from Shoe Factory Road onto Higgins on his way to the Hoffman Estates Police Department.

After hearing and seeing all of the evidence in the case, and considering the closing arguments, the Judge found my client not guilty of the DUI and dismissed the charges against him.

James Dimeas is a nationally-recognized, award-winning DUI lawyer. James Dimeas has been handling DUI cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County, for over 25 years. James Dimeas was named a "Best DUI Attorney" and a "Best Criminal Defense Lawyer in Chicago" by Expertise. Recently, Attorney and Practice Magazine gave James Dimeas the "Top 10 Criminal Defense Attorney Award for Illinois." The National Academy of Criminal Defense Lawyers gave James Dimeas the "Top 10 Attorney Award for the State of Illinois." The American Institute of Criminal Law Attorneys named James Dimeas a "10 Best Attorney for Client Satisfaction." The American Society of Legal Advocates named James Dimeas a "Top 100 Criminal Defense Lawyer in the State of Illinois For the years 2018 and 2019." The National Trial Lawyers named James Dimeas a "Top 100 Criminal Defense Trial Lawyer. AVVO rates James Dimeas as "Superb", the highest rating possible for any DUI and Criminal Defense Lawyer in the United States.

If you are being charged with a DUI, you can contact James Dimeas anytime for a free and confidential consultation. You can always speak to James Dimeas by calling 847-807-7405 to talk about your case. James Dimeas will answer your questions and point you in the right direction.

Client Reviews
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I got into an argument with my ex-boyfriend. One thing led to another and when he came close to me I pushed him away. He called the police and when I spoke to the police I told them that I pushed him without realizing that you don't have to hit someone to be charged with a Domestic Battery. Being arrested was terrifying. I spoke to several attorneys who promised they would win the case and were charging a ridiculous amount of money. A friend referred me to James Dimeas. He was straightforward and honest with me and charged me a very reasonable and affordable fee. He got me into the Kane County Deferred Prosecution Program. I successfully completed the program and I just received paperwork in the mail that the case has been expunged and completely removed from my record. I highly recommend Jim Dimeas. He is an honest and straightforward lawyer that will look out for your best interests. E.A.
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Had a DUI and hired a lawyer who lived in my building that I knew for years and trusted. Thought he was my friend. Paid him (more than I should have) and he handled my case for almost a year and totally screwed it up. I fired him and found out that he had given up his law license around the time I hired him. A friend recommended James to me and he took over my case and handled it the way it should have been handled from the beginning. I cannot stress how HIGHLY I recommend James Dimeas. I wish I would have hired him from day one. He answered all my calls and text messages and cleaned up a royal mess that had been created by the previous guy that I thought was a lawyer. I consider James to be a friend and recommend him to all of my friends. What a great lawyer and an even better guy! J.P.
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I had been accused of doing something, by my then wife, that I did not do. I was 100% innocent and was at the lowest point in my life. My mother told me to call James Dimeas. Her friend recommended him to her. James fought for me in court and refused to back down, even when the prosecution offered to lower the charges and make me plead guilty. I refused to plead guilty to something I did not do. The case went to trial and James won my case. I was found not guilty because I was NOT GUILTY. I HIGHLY RECOMMEND JAMES DIMEAS! Not only is he a great lawyer, but he is also a great human being. The truth shall set you free! C.D.
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James Dimeas is a great lawyer who knows what he is doing and will guide you through every step of the process. He will go above and beyond what he needs to do to help you out. Sometimes I would text him in the evening or the weekend with a question and he would always respond. Really made me feel like he cared about me. When we went to court he tore apart the girl that was making false allegations against me and he won my case. That was one of the greatest day of my life. If you need legal help, the only lawyer should call is James Dimeas. Highly recommended! E.L.
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I am so lucky to have stumbled upon this great attorney. I made a really stupid mistake at the worst time. I needed to get a case dismissed within 2 or 3 weeks so I could join the military. I could not leave for Basic Training until the case was dismissed and Jim made some calls and got the case dismissed. What a great guy. I’m so lucky I found him online and called him! Somebody was looking out for me. J.S.