Homer Glen DUI Arrest by a Sheriff's Deputy

Who arrested you

The village's own website says the Village of Homer Glen and the Will County Sheriff's Office have an agreement under which the Sheriff provides police services, and that the Sheriff's Office enforces state laws and various village ordinances. In practice, a DUI stop on a Homer Glen street is made by a deputy.

Jeff keeps pages on both sides of this. The Homer Glen DUI arrest page and the Will County Sheriff page cover what happens at the agency level. This page is about your case.

What the judge looks at on the suspension

If you ask the court to rescind the suspension, the hearing is narrow. Under 625 ILCS 5/2-118.1(b), the court looks at only a few questions:

1. Were you arrested for DUI, shown by a Uniform Traffic Ticket?
2. Did the officer have reasonable grounds to believe you were driving or in actual physical control of a vehicle under the influence?
3. If you refused, were you told that refusal would suspend your driving privilege, and did you refuse?
4. If you tested, were you told a result of 0.08 or more would suspend your privilege, and did you complete a test showing it?

The hearing can be held on the officer's own reports, and you may subpoena the officer. Those reports are written by a deputy, which is why a clear read of the deputy's narrative is the first job. The petition to rescind page lays out the steps.

Dates for one sheet of paper

Write these down as soon as you have the suspension notice. Each one runs from the date on that notice, so the notice is the document to guard.

• Day 46: the suspension takes effect (625 ILCS 5/11-501.1(g)).
• Day 90: the last day to make a written request for a hearing on the suspension (625 ILCS 5/2-118.1(b)).
• Within 30 days of the request, or the first appearance date: the date by which the court must hold the hearing, once you ask.

The request does not stay or delay the suspension. The law says so directly. That is why the early weeks matter even when the court date is months away.

A Sheriff's case and a village ticket

Some Homer Glen tickets are for village ordinances, which the Sheriff's Office also enforces under its agreement. A DUI is a state charge under the Illinois Vehicle Code, so the hearing venue follows the county, not the village. If your paper lists more than one charge, Jeff sorts them by court so nothing is missed.

Paperwork you may have

Keep every page. The ticket sets your court date. The suspension notice starts the clock for day 46 and for the 90 day window to request a hearing. If you were asked about walking a line or following a pen with your eyes, write down where the deputy stood and what the ground was like. The field sobriety tests page explains why those details matter.

First charges often end up in a conversation about supervision. The court supervision page and the first offense DUI page go through that, and the summary suspension page covers your license.

Where it is heard

The county of the arrest decides the court. Homer Glen is in Will County, so the case goes to the Will County Courthouse in Joliet, even though the arrest was made by a Sheriff's deputy and not a local officer. Homer Glen's other practice areas are on Areas We Serve: Homer Glen.

Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.