Why are all of the Bull Valley DUI arrests paying double?
When a person is arrested for a Bull Valley DUI, they are asked to pay a $500 administrative fee on top of any fines and court costs. As a Bull Valley DUI attorney, this bothers me. If a person gets their Bull Valley DUI dismissed entirely, they still have to pay the $500 administrative fee, unless the police stop was not supported by Probable Cause.
Probable Cause is a reasonable suspicion that a driver is violating the law. In order to win a Probable Cause motion the defense attorney must show it is more likely than not that the officer lacked Probable Cause to make the traffic stop. This is hard to do, because the Probable Cause can be that the motorist was violating the most simple of laws, i.e. speeding or improper traffic lane usage. The driver will not win the administrative hearing to save the $500, if there was probable cause to make the stop, regardless of whether they had the DUI dropped later.
One could argue that in such a system, the police should arrest everyone on suspicion of DUI, collect the fee, then dismiss the charges. That way they don’t have to pay their attorneys to take the case to trial. It turns out it could be a very lucrative proposition for the Village.
I am not sure that is how you want your Village making money.
Law Dude, Ray Flavin, Trial Attorney in McHenry County Illinois. His law offices are located across the street from the McHenry County IL Courthouse in Woodstock, IL. Visit Ray’s other website @ www.rayflavin.com.
Mobile: 815-334-9004
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