OVERTURNING YOUR DRIVER’S LICENSE SUSPENSION BASED ON A PRESCRIPTION DRUG

Posted on December 19, 2016 by mdkeenan

You are on prescription medication. While driving, you ran a stop sign, and the police pulled you over. You were arrested for DUI. As a result, the Secretary of State has suspended your driver’s license.

Your prescription is legal. Do you have a defense? What can you do?

When you are arrested for an Illinois DUI, the Secretary of State automatically suspends your driver’s license for a certain time. You may, however, try to get this suspension thrown out based on your lawful prescription.

To eliminate or rescind the statutory suspension, your attorney must petition the court for a hearing. At the hearing, you must prove that your prescription did not impair your driving. The state must then disprove your claim that you were not impaired and justify your suspension. If you contest your suspension based on a prescription drug, you must prove 1) you had a valid prescription, 2) you used your prescription lawfully, and 3) you could still drive safely or in other words, your driving was not impaired. (See People v Brantley.) If you are successful, you will again be allowed to drive.

If you are charged with DUI or a similar offense, contact an experienced DUI attorney immediately. An attorney can review your case for your best possible defense. If the police acted improperly, the attorney may be able to petition the court to suppress the evidence from any search. Even if the police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.


(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
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