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Brian Polinske

Brian Polinske

Dedicated to Criminal Defense. Let my 100+ jury trial experience work for you.
  • Criminal Law, DUI & DWI, Personal Injury
  • Illinois
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A former prosecutor, I gained insight into what the government looks at when prosecuting defendants. I have successfully conducted many jury trials (125+). From Murder to Drug Trafficking to DUI I have won my clients cases. Let my 26 years of trial experience work for you. My practice is primarily criminal defense oriented. Madison, St. Clair, Jersey, Macoupin, Monroe, Montgomery, Clinton, Calhoun, Fayette and Bond counties are the counties I concentrate in.

Unlike other attorneys, we don't practice in other areas such as bankruptcy, collections, or small claims. We prefer to concentrate our efforts in criminal defense. This allows us to maintain a high level of reputation among the courts and prosecutors. Further, we concentrate our practice only in Southern Illinois. For the same reason - this helps our clients more successfully resolve their cases.

I am retained by most persons charged with cannabis and drug trafficking in the metro-east area. I am able to successfully obtain dismissals in about 50% of trafficking cases. The manner in which I accomplish this is to obtain COMPLETE discovery. Most attorneys don't know what evidence exists. I am well versed in all types of discovery from K9 packets (including Trainer), Valkyrie protocol, confidential informant disclosures, complete search warrant materials (all 3 portions), radio/communication logs, dash cams, body cams, backup officer reports, MEGSI investigative reports, interview dvds, forensic laboratory reports, EPIC information, DEA Task Force discovery, and many other discoverable information.

Many times I am brought in on cases from attorneys who reside outside Illinois from all over the country who quickly find themselves at a loss on how to best represent their clients. I work with other attorneys who enter on a pro hac vice basis.

I am upfront and honest with all my cients on what to expect from their charges given their particular fact pattern.

Call me for a free consult.

Practice Areas
  • Criminal Law
  • DUI & DWI
  • Personal Injury
Additional Practice Area
  • Drug Trafficking
  • Free Consultation
    Call me on any type of criminal, civil, or other personal injury case for a free confidential consultation.
  • Credit Cards Accepted
    Mastercard Visa AMEX Discovery and debit
  • Contingent Fees
    All civil actions are based upon contingency fees.
  • Rates, Retainers and Additional Information
    We charge flat fees for criminal defense.
Jurisdictions Admitted to Practice
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Federal Circuit
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  • English: Spoken, Written
Professional Experience
Managing Partner
Polinske & Associates, P.C.
- Current
I founded the practice as a solo attorney. I have defended all types of felony and DUI cases. I have won Murder through DUI cases in a variety of Southern Illinois counties. I have also been very successful suing police departments for tortious police activity. I am no stranger to federal courts as I routinely file Title VII and 1983 actions.
Assistant State's Attorney
Madison County State's Attorney's Office
I began under S. CT. Rule 711. I tried 12 cases and won most. From traffic, to DUI/misdemeanor, then to Drug Felony division. I left to begin defending clients in 1993.
Saint Louis University School of Law
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Carroll College
B.S. | Psychology, Criminal Justice
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Top 200 Lawyer
National Association of DUI Defense
Professional Associations
National Association of DUI Attorneys
- Current
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Madison County Bar Association
- Current
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Illinois State Bar Association
- Current
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Illinois State Bar
- Current
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Articles & Publications
Driving Under the Influence Isn't Worth the Penalties if Convicted
DUI Penalties In Illinois
Speaking Engagements
Defeating DUI Charges, Annual DUI Conference 2016
Top 100 DUI Attorneys
National Association of DUI Attorneys
Legal Answers
38 Questions Answered

Q. I am driving on a UK license in a rental car as a foreign student, will there be a record on my license or just a fine
A: If you obtain a dismissal or court supervision on the offense you will not have a conviction. Fines and costs are normally imposed.
Q. My daughter was attacked by another girl and physically assaulted. They are both 13. Why can't I press charges?
A: You can proceed to the State's Attorney's office or contact the law enforcement agency who has jurisdiction to see if they are willing to pursue. Generally if there is an eyewitness to such an event the State will move forward with it.
Q. Is a citation not a warning or ticket not signed by myself the offender hold up in court?
A: A mistake such as what you have described is referred to a "scrivenor's error" and may be corrected by the officer at any time. It will not result in a dismissal of the charge. The officer does not need you to sign a citation either.
Q. Is there a way to appeal the suspension of my license?
A: Absolutely. If you are referring to the Statutory Summary Suspension you are allowed to file a Petition to Rescind up to 90 days after receiving notice thereof. If you have already conducted the hearing and wish to appeal the judge's ruling you have 30 days to do so after the Order was entered. Good luck.
Q. While driving with BAIID interlock system with camera and GPS, what logs does the SOS look at?
A: Mainly they are interested in the breath sample logs. The data takes either 30 to 60 days minimum to catch up with the breath samples given.
Q. I have a ticket from 15 years ago what can I do it's for no insurance
A: Not much if it is that long ago. The statutes that allow you to petition to vacate a conviction grant the ability to attempt to do so up to two years from the date you should have had knowledge of the conviction. If you are asking due to a failure to appear suspension by the SOS then you must pay the fines to the circuit court where the ticket was filed.
Q. Speeding 26-34 MPH Over Seed Limit, Following too closely, improper lane usage tickets in Dupage County, any suggestion?
A: Typically you can negotiate a disposition whereby there will be no conviction nor points assessed against your driving record. It is called court supervision. I would recommend hiring a qualified traffic attorney to resolve this issue for you.
Q. I got a ticket going 70 in a 30 and i just missed court what is the worse that could happen what should I do?
A: A failure to appear warrant, conviction in abstentia, and/or a drivers license hold resulting in a suspended drivers license could occur. Best to immediately hire a local attorney to request the conviction be vacated.
Q. After a judge drops charges at trial can he bring theme up at sentencing
A: Not if you are acquitted. That means having the case or charges dismissed.
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Contact & Map
Polinske & Associates, P.C.
701 N Main St
Edwardsville, IL 62025
Telephone: (618) 692-6520
Fax: (618) 692-6597