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Recent Blog Posts
School Zone Ticket Dismissed
Speeding in a school zone is a very serious ticket. Fines can be high and a conviction is required. I represented a client who receive a school zone ticket. In examining the ticket and evaluating the facts, I convinced the prosecutor to dismiss the ticket. The ticket was on a day which did not fall within the legal definition of a "school day". Further, the sign was improperly posted and did not have the necessary language that the law requires for a valid school zone to exist.
Dupage School Zone Tickets can be successfully defended. Call Stephen Brundage, Attorney at Law 630-260-9647 for any criminal or traffic arrest in DuPage, Kane, or Cook County.
DuPage County Order of Protection Petition Dismissed
I recently represented a client who was the respondent in a Petition for Order of Protection filed by his estranged wife. I convinced the Judge to dismiss the DuPage County Petition for Order of Protection because of the lack of jurisdiction over my client because he was an out of state resident.
When faced with an Order of Protection in DuPage and surrounding counties, always protect your rights. The Law Office of Stephen Brundage offers legal representation for all felonies and misdemeanors in DuPage County and surrounding Counties.
Drug Searches Using a Canine Sniff to be Reviewed by the Supreme Court
This year, the United States Supreme Court is going to address the reliablility of Canine Units used in drug searches and seizures. At issue is whether or not law enforcement is allowed to rely on the actions or behaviour of a drug dog before they seize and/or search individuals.
The Fourth Amendment of the United States Constitution prohibits unreasonable searches and seizures by law enforcement. There must be reasonable suspicion or probable cause to conduct a search. Often, law enforcement relies on a drug dog who "hits" on a particular item or area indicating that narcotics or controlled substances may be present. How reliable is the drug dog? Is the police officer's interpretation of the what the dog is indicating accurate?
I have represented hunderd of individuals charged with Dupage County drug offenses, Kane County drug offenses, and Cook County drug offenses. When faced with a client who has been searched as a result of a drug dog "sniff", I look closely at the training records of the dog and the training and experience of the police officer who handled the dog and conducted the search.
Reckless Driving and Street Racing Charges Dropped
Some DuPage County traffic offenses in can result in criminal penalties and the loss of your driver's license. If you are charged with DuPage County Reckless Driving or Street Racing offenses, you should get a lawyer to make sure you avoid criminal penalties (including jail), and the possible loss of your license. Last month, I represented a DuPage traffic client charged with multiple offenses including street racing. By exposing weaknesses in the prosecutor's case, several of the charges were dismissed and my client avoided criminal charges and avoided a conviction on the remaining traffic tickets, and he did not lose his driver's license. Traffic attorney Stephen A. Brundage has handled 1000's of traffic offenses in the counties of DuPage, Kane, Cook, Will, Kendall and Lake counties. Always contact an experienced traffic lawyer if you are faced with serious traffic offenses.
DUI Client avoids Suspension of Driver's License
In a prior article, I explained the importance of trying to avoid a summary suspension of your driver's license if you are arrested for Driving While Under the Influence of Alcohol ( DUI ). Recently this came to light in a DUI case I handled for a Cook County DUI client. Although he submitted to a breath test which showed at .18% blood alcohol level, I was able to negotiate with the prosecutor to avoid the suspension of his license. Whether you receive a DuPage County DUI, Kane County DUI, or Cook County DUI, always obtain the services of a DUI attorney familiar with the defenses or negotiation options. The Law Office of Stephen Brundage can help. Attorney Stephen A. Brundage has handled over 500 DUI cases and has prior experience as a police officer who specialized in DUI enforcement and training.
DuPage County Order of Protection Dismissed
I recently represented a client who had an Order of Protection filed against her. Despite testimony from the alleged victim claiming my client was harrassing and threatening her, I convinced the court to dismiss the Order of Protection against my client. The judge cited the lack of evidence and noted the credibility of my client. The DuPage County Order of Protection was then dismissed. Be sure to protect your rights if you are ever involved in an Order of Protection. The Law Office of Stephen Brundage concentrates in representing individuals accused of crimes and violations of orders of protection in Dupage County and surrounding counties.
New Speeding Laws Get Alot Tougher
Currently, speeding 40 mph or more over the limit results in a conviction and the loss of your driver's license. In other words, you cannot receive Court Supervision for that type of offense. That type of speeding charge can be devastating to your driving privileges.
Now, new legislation is pending that would prohibit getting court supervision for speeding more that 30 mph over the limit. In some areas, such as an urban (residential), the benchmark is lowered to 25 mph over the limit.
What does this mean to Illinois Motorists? Basically , their opportunity to keep these types of speeding tickets off their records evaporates, which will cause a much larger segment of our driving population to lose their driver's licenses because of suspension and revocations. Also, their insurance rates will increase significantly.
The Law offices of Stephen Brundage works on these types of ticket to avoid the consequences contemplated by our legislature. Hiring an experienced traffic lawyer for these types of violations in Dupage, Kane, Cook and surrounding counties is big decision. Stephen Brundage concentrates in these types of traffic and criminal problems and can help. Contact Stephen Brundage at 630-260-9647 for all your criminal and traffic needs.
Ways to avoid Summary Suspension of Driver's License as a result of a DUI arrest
The summary suspension laws in Illinois provide that your driving privileges may be suspnded six months if you fail a breath test. On the other hand, if you refuse to take a breath test, the suspension is for one year. These suspension periods are increased if you have a prior DUI.
Often times, a summary suspension can be negotiated just like any other criminal case. As part of the "give and take" process, sometimes there can be an agreement reached between the prosecutor and the defense attorney that avoids the suspension altogether. Every case is different.
Of course, ultimately a defendant can have a hearing to determine if the summary suspension should be imposed after a DUI arrest. There are many legal defenses that exist for challenging a DUI arrest and summary suspension. Some of the more common defenses include such things as the police officer not having a basis to stop your vehicle. Also, once stopped, you can challenge the DUI arrest iteself, claiming the police officer did not have probable cause to belileve you were under the influence of alcohol or drugs. Finally, issues may exist regarding the reliablility of the breath machine itself, or whether or not you truly "refused" to take the test.
Not Guilty Verdict in Hit and Run Case
I recently represented an individual charged with a Class A misdemeanor Hit and Run. He was accused of striking propoerty with his car and then leaving the scene of the accident.
After a full trial, the Judge found him not guilty. Event though wtinesses testified that he struck the object and drove away, the State prosecutor was unable to show that he KNEW he struck the object and damaged it which is a required element in the criminal charge.
He avoided the suspension of his driver's license a punishment that could have been up to 12 months in jail.
Always be sure that your lawyer is very familiar with the criminal and traffic laws because every offense contains very specific elements which must be proven beyond a reasonable doubt. A knowledgeable lawyer is an integral part of a winning strategy.
Court Supervision- What does it really mean?
My clients are often confused by the term court supervision. Many clients ask me if a crime or traffic ticket will end up on their record. This is a common question because people get confused regarding the term "conviction" and other forms of a disposition in a criminal and traffic setting.
"Court Supervision" simply means that the court withholds judgment against you ( does NOT enter a conviction) as along as you comply with the terms of your sentence. At the conclusion of the court supervision period (ranging anywhere from 60 days to 30 months), if have satisfactorily complied with the court's conditions, the case is closed with no conviction.
When you receive Court Supervision, a record will be created in the County where you were arrested as well as the State of Illinois Criminal and Traffic Databases. When someone asks me if a charge or ticket will go on their record, I tell them yes, but maybe NOT as a conviction. In other words, Court Supervision is reported on records, but it less serious and damaging to your record than a conviction.
630-260-9647
From our office in Wheaton, Illinois, we serve clients throughout the Chicago area including but not limited to Winfield, Warrenville, West Chicago, Glen Ellyn, Naperville, Lisle, Downers Grove, Lombard, Oak Brook, DuPage County, Kane County, Will County, and Cook County.
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