Experienced DUI and Criminal Defense in Kane County
Peter Buh and Ken Johnson bring more than two decades of combined experience defending clients across Kane, DuPage, DeKalb, Kendall and Cook County, from DUI charges to serious felonies.
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What Is a Motion to Suppress Evidence, and When Does It Apply?
What “suppress” actually means here
Filing a motion to suppress asks a judge to exclude specific evidence from the case, usually because it was obtained in a way that violated your constitutional rights. If the motion succeeds, that evidence can’t be used at trial.Common grounds for a motion to suppress
These motions often turn on whether police had a valid legal basis for a stop or search in the first place, whether a search warrant was properly obtained, or whether statements were taken without the required warnings.Why it can change the whole case
In some cases, the excluded evidence is the entire foundation the prosecution was relying on, a breath test result, drugs found in a search, or a confession. Suppressing that evidence doesn’t just weaken the case, it can end it.It’s decided before trial
These motions are typically argued and ruled on ahead of any trial, at a dedicated hearing where both sides present evidence and testimony specifically about how the evidence was obtained, not about guilt or innocence itself.Timing and detail matter
Building a strong motion to suppress means going back through police reports, dashcam and bodycam footage, and search warrant paperwork with real attention to detail. It’s not a formality, it’s often where a case is genuinely won or lost. Our attorneys have filed motions to suppress and motions to dismiss across hundreds of criminal cases. Read more about that background on our experience page, or get in touch through contact us to talk about your case. This is general information, not legal advice for your specific circumstances.
Do You Have to Answer Police Questions During a Traffic Stop?
Traffic stops make most people nervous, and nerves tend to make people talk more than they need to. Here’s a plain-language look at what you actually have to answer, and what you don’t.
You do have to identify yourself
When an officer asks for your license, registration and proof of insurance, you’re required to provide them. This part isn’t optional and refusing it will only escalate the stop.
You don’t have to explain where you’ve been or where you’re going
Questions like “where are you coming from” or “have you been drinking tonight” are investigative, not administrative. You’re allowed to politely decline to answer beyond providing your documents.
Field sobriety tests are a grey area
In Illinois, you can decline field sobriety tests, though doing so may be used as part of the officer’s basis for arrest, and a breath test refusal carries its own separate license consequences under implied consent law. It’s a genuine trade-off, not a simple right or wrong choice, and it’s worth understanding before you’re standing on the side of the road.
Staying calm and polite protects you either way
You can decline to answer questions without being confrontational about it. Something like “I’d rather not answer questions without speaking to an attorney first” is clear, respectful, and doesn’t give an officer a reason to escalate the stop.
Write it down afterward
As soon as you can, write down what was said, what tests were requested, and the order things happened in. Details fade fast, and they matter later if the stop turns into a case.
If a traffic stop turned into an arrest, see our DUI success stories page for examples of how these cases can resolve, or get in touch through contact us. This is general information about your rights, not legal advice for your specific stop.
What to Do If You’re Charged With Domestic Battery in Illinois
A domestic battery charge in Illinois moves fast, often faster than people expect, and it comes with consequences that reach well beyond the courtroom. Here’s what tends to happen and what’s worth knowing early on.
An arrest is often mandatory
Illinois law generally requires an arrest when police have probable cause to believe domestic battery occurred, even without the alleged victim’s cooperation. That surprises a lot of people who assume the other person can simply “drop the charges.”
No-contact orders can happen almost immediately
It’s common for a no-contact or protective order to be put in place shortly after arrest, sometimes before you’ve even had a chance to explain your side. This can affect where you’re allowed to live, whether you can see your kids, and whether you can return to your own home.
It’s a charge that carries weight beyond the sentence
A domestic battery conviction in Illinois can affect firearm rights under both state and federal law, and it shows up on background checks in ways that matter for employment and custody matters.
Emotions run high, but the process still follows rules
These cases are often tangled up with a relationship breakdown, custody disputes, or a messy history between two people. That context matters for your life, but the legal process still runs on evidence, procedure and deadlines, not just what feels fair.
Get advice before your first court date
What you say and do in the days right after an arrest, including any contact with the other party even if they reach out first, can affect your case. It’s worth talking to someone before your arraignment, not after.
Our attorneys have handled domestic battery and other violent crime charges across Kane and DuPage County. Reach out through our contact page, or read more about our background on the experience page. This is general information, not legal advice for your specific situation.
Misdemeanor vs Felony Charges in Illinois: What’s the Difference
The words “misdemeanor” and “felony” get used loosely, but in Illinois they mark a real legal line with serious consequences on either side of it.
The basic distinction
Misdemeanors are generally the less serious category, punishable by up to 364 days in county jail. Felonies cover more serious offenses and carry the possibility of state prison time, along with penalties that scale up depending on the felony class.
It’s not always obvious which category applies
Some charges can be filed as either, depending on factors like the value involved in a theft case, whether a weapon was present, or whether it’s a repeat offense. A charge that starts as a misdemeanor can sometimes be bumped up to a felony based on circumstances the prosecution points to.
The long-term consequences differ sharply
A felony conviction can affect your ability to vote while incarcerated, hold certain jobs, own a firearm, or qualify for some professional licenses, well beyond whatever sentence is imposed. That’s part of why the specific charge on paper matters so much, not just the underlying conduct.
Records and expungement work differently too
Whether and how a charge can eventually be sealed or expunged from your record depends heavily on whether it was classified as a misdemeanor or a felony, and on how the case was finally resolved.
Why the classification is worth fighting over
Sometimes the real work in a case isn’t just contesting guilt, it’s making sure a charge doesn’t get filed or doesn’t stick at a more serious level than the facts actually support.
We’ve handled cases ranging from misdemeanor offenses to serious felonies across Kane, DuPage and the surrounding counties. If you’re facing a charge and aren’t sure where it falls, get in touch through our contact page, or see our attorneys’ background on the experience page. This is general information, not legal advice about your specific charge.
Can You Fight a Statutory Summary Suspension in Illinois?
If you failed or refused a breath test during a DUI stop in Illinois, your license faces an automatic statutory summary suspension separate from the criminal charge itself. A lot of drivers don’t realise this is something they can actually push back against.
What a statutory summary suspension actually is
It’s an administrative penalty, not a criminal conviction. It kicks in automatically after a failed or refused test, regardless of how the underlying DUI case eventually resolves.
The rescission hearing
You can request a hearing to try to have the suspension rescinded, meaning cancelled entirely. Common grounds include whether the officer had a valid reason to stop you in the first place, whether proper warnings were given before testing, and whether the testing itself was carried out correctly.
Timing is everything
There’s a short window to request this hearing, and missing it can mean losing the chance to challenge the suspension at all. This is one of the most time-sensitive parts of the entire DUI process.
What a successful rescission looks like
Cases can be rescinded for reasons like defective warnings or a lack of probable cause for the stop. Every case depends on its own facts and the specific paperwork and testimony involved, so outcomes vary.
Don’t assume it’s automatic
A suspension doesn’t just go away on its own, and letting the deadline pass usually means living with it for the full suspension period. If you’re facing one, it’s worth having someone review the stop and the testing procedure quickly.
Read about the kind of results we’ve helped clients achieve on our DUI success stories page, or reach out through contact us to discuss your specific stop. This is general information, not a guarantee of any particular outcome.
What Happens After a DUI Arrest in Kane County, Illinois
Getting pulled over and arrested for DUI is stressful enough without wondering what comes next. If you’ve just been arrested in Kane County, here’s a general rundown of the process ahead of you.
Booking and release
After the arrest, you’ll typically be taken to the police station for booking, which includes fingerprinting and photographs. Depending on the circumstances, you may be released the same day on bond or held until a bond hearing.
The statutory summary suspension clock starts running
Separate from any criminal case, your driving privileges face an automatic statutory summary suspension if you failed or refused a breath test. You generally have a limited window to challenge this administratively, so it’s worth moving quickly rather than waiting.
Your first court date
You’ll be given a date for your first court appearance, often called an arraignment. This is where charges are formally read and you enter an initial plea. It’s not the time to explain your side of the story, that comes later.
Building a defense takes time
Between the arrest and any trial or resolution, there’s usually a period of gathering evidence: police reports, field sobriety test footage, breath test calibration records, and more. Every DUI case turns on its own specific facts, and no two arrests play out exactly the same way.
What to do right now
Write down what you remember while it’s fresh, including where you were stopped, what was said, and what tests you were asked to perform. Then talk to an attorney before your first court date rather than after.
Our firm has represented clients across Kane, DuPage, DeKalb, Kendall and Cook County. See our DUI success stories page for examples of past case outcomes, or get in touch through our contact page to talk about your situation. This article is general information, not legal advice for your specific case.