Q. How many DUI and Drug jury trials have you successfully defended?
A. I have defended approximately 1,000 individuals over 25 years, most of which were settled without a trial or dismissed on a technicality. When necessary, we go to trial aggressively before either a judge or jury, depending upon which is in our benefit.

Q. What percentage of your DUI clients do you plead guilty without filing any pretrial motions or conducting a jury trial?
A. A high percentage of cases are plea-bargained because most individuals (first offenders) will submit to chemical testing with the result generally in the mid to high teens thus creating a presumption in favor of the prosecution and against the individual. At that point, my job is to use my resources and expertise to get my client the best deal possible. This strategy has meant that so far, I have been successful in keeping every single one of my first-time DUI clients out of jail.

Q. Are you available for in-person or telephone conferences at my request?
A. I am always available, either at the office or on my cell phone.

Q. Do you use experts and investigators in defending drunk driving cases?
A. I can successfully handle the majority of cases without requiring other experts. Occasionally, though, expert testimony can be used to help get clients off on a technicality.

Q. Are breath tests accurate?
A. If the machine is properly calibrated and tested regularly and operated by a licensed technician whose certification documents are current and valid, the tests taken in police stations are generally accurate. The portable units used in police cars typically just register a color which will indicate to the officer that you are somewhere over the limit.

Q. Are field sobriety tests completely voluntary?
A. Yes, although the police don’t tell you this, the field sobriety tests are completely voluntary. In fact, most individuals should refuse all testing, although this potentially increases the length of a statutory suspension period. This is particularly the case when there has been an accident with injuries. The only thing an individual is required to do is cooperate in the process but again that does not mean they have to submit to testing. There is no reason to help the police gather evidence against you.

Q. Do "Miranda" warnings apply to drunk-driving cases?
A. Miranda warnings do apply, however they generally do not affect a typical DUI case.

Q. Must police officers give me my choice of chemical test?
A. Choice of testing is at the officer’s discretion, not the driver's.

Q. Are police officers trained to gather evidence to convict me?
A. Many departments are now videotaping the arrest. My experience with these tapes is that they are either extremely beneficial to the defendant or extremely detrimental. The officers who tend to make a lot of DUI arrests get in a rut with their observations of the defendant i.e. everyone has a strong odor of alcohol, slurred speech, bloodshot eyes, etc.

Q. Roadside Preliminary alcohol screening tests are completely voluntary?
A. The defendant can request to be taken to a hospital after other testing for a blood draw -- at their expense.

Q. If Tony Lombardo petitions the court on my behalf can he stop my driver’s license suspension from going into effect 46 days after my arrest?
A. During a traffic stop, a driver may submit to testing, but if his breath sample registers .08 or higher and he is a first offender, his license will be suspended automatically 46 days after his arrest for 90 days. If the driver refused chemical testing, he is penalized by having his license suspended for twice as long (6 months) starting 46 days after the arrest. In either situation, the individual is eligible for a judicial driving permit from the court. That permit allows the individual to drive from home to work and for work-related purposes e.g. outside sales, for a period of 60 days for the individual who takes the test and 5 months for the one who refuses. In other words, there is an unavoidable 30-day suspension. It should be noted that first-offender status is defined for Statutory Summary Suspension purposes as anyone who has not had a prior Statutory Summary Suspension or DUI Supervision within the past 5 years. We can petition the court to lift the suspension.

Call 847-255-0062 right away to protect your rights, keep your license and your freedom. Or send me an email and I’ll get back to you promptly