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Questions Answered by Dan Nold
1 Answer | Asked in Traffic Tickets for Illinois on
Q: Hi, I got two violations one for going 70 in a 55 and one for illegal u-turn cop was right behind me.

I have court coming up on Jan 4. The cop filed a motion saying court be continued on the 7th of Jan when he comes back from vacation. that is unfair correct? How is it my fault that on the date the court gave me for a bench trial the officer will be on vacation? The court should have done their due... Read more »

Dan Nold
Dan Nold answered on Jan 2, 2022

If it’s the state’s first request for a continuance of a bench trial and the motion to continue is supported with a signed affidavit by the officer, the judge will grant the motion.

If those conditions are not met, the judge might deny the motion to continue and dismiss the case....
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3 Answers | Asked in DUI / DWI and Traffic Tickets for Illinois on
Q: Help with lifetime cdl ban in Illinois.

I had a class A CDL in Illinois. In 2008 I was charged with dui. There was a 6 month statutory summary suspension and my CDL was disqualified for 1 year.

At some point over the next 2 years my license expired and when I went to renew I opted to step down to a regular class D license,... Read more »

Dan Nold
Dan Nold answered on Nov 22, 2021

Being guilty of DUI and leaving the scene may result in a lifetime ban from operating commercial motor vehicles. This is a federal government regulation:

https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383

You cannot expunge traffic offenses. It would...
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2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Civil Rights for Illinois on
Q: In Illinois, would finding less than 5grams of marijuana on person be considered probable cause to search vehicle?

Pulled over for license plate light and came back clean when running license. Pulls me out of car, and I had .5g or less and he said that gave him probable cause to search. It's not illegal to be in possession of marijuana in Illinois so why would that give him probable cause? I believe my... Read more »

Dan Nold
Dan Nold answered on Oct 25, 2021

It’s illegal to possess marijuana in a vehicle unless it is basically in store packaging. So the search was probably legal. You should have an attorney evaluate the evidence for potential motions or to negotiate on your behalf.

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2 Answers | Asked in Cannabis & Marijuana Law for Illinois on
Q: In Illinois where marijuana is legalized, can a Court take that right away from you?

Wouldn't it be considered taking away a civil liberty by denying what the law allows?

Dan Nold
Dan Nold answered on Oct 25, 2021

The law routinely takes away things as punishment. DUI-can’t drink during your sentence. Too many tickets - suspended license.

So yes, a sentence may require that you not consume thc. You should consider a prescription for cannabis if you need it medically.

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: I got a ticket for improper lane usage after an accident that was decided it was my fault in McHenry County IL.

The two teenagers in the other vehicle were not injured. If they do not show up at court (I have to appear), would the case be dismissed? The officer who issued the ticket did not witness the accident. Can I ask for dismissal? I don’t want to plead not guilty without a lawyer. If you are granted... Read more »

Dan Nold
Dan Nold answered on Oct 2, 2021

In McHenry county, the case is not et for trial on the first appearance. The witnesses are not required to appear until a trial date. At the first appearance you can plead not guilty and ask for a trial. Then at the trial date, if the witnesses do not show, the prosecutor might dismiss the case.... Read more »

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2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Domestic Violence for Illinois on
Q: How can I motion to exclude evidence from discovery of a video that skips and lapse in time?

Can a plaintiff use a video that skips and lapse in time for evidence in their case or can I motion to exclude it from being seen?

If so, under what grounds can I motion?

Video goes up to minute 2 then skips to 2:30 to 3:15 then skips to 4:05, lot of the video seem altered.

Dan Nold
Dan Nold answered on Oct 1, 2021

You could do a motion in limine asking to bar the video due to lack of foundation. If it’s edited in some way, it has been altered and wouldn’t meet foundational requirements to be admissible evidence.

Probably a good issue to have a lawyer handle. Each county is different and has...
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3 Answers | Asked in Traffic Tickets for Illinois on
Q: I received a ticket for expired license plate. I went to the DMV and paid for a new registration sticker.

I paid for the new registration prior to my scheduled court date. However I was extremely busy with work and totally forgot about the court date! The court date was two days ago, what is the best thing for me to do right now?

Dan Nold
Dan Nold answered on Oct 1, 2021

It’s just a non mover so a conviction doesn’t really matter for your driving record. Depending on the county, you may have had to pay a fine anyway. Some, surprisingly, do not just dismiss that ticket with proof of compliance. Depending on the county, you may want to just pay the ticket for... Read more »

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: Is driving without insurance a moving violation or non moving violation or either
Dan Nold
Dan Nold answered on Sep 30, 2021

It’s classified as a business offense.

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2 Answers | Asked in DUI / DWI for Illinois on
Q: I just got a letter for suspension of drivers license do to refusing to take the blood work for a DUI. But when I went

To court they continued my case till they get my blood work test results. How are they waiting for my results if I refused to take the blood test

Dan Nold
Dan Nold answered on Sep 23, 2021

Sounds like you have a fantastic case for a lawyer to help you with. The suspension might be unlawful. Hire a local attorney

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1 Answer | Asked in Traffic Tickets for Illinois on
Q: Due to being unemployed I couldn't afford the ticket fees or driving school. What will happen? Traffic court

I have school and bills at home to deal with and its a lot to handle, what will happen? I don't want my license suspended since I'm on the job market

Dan Nold
Dan Nold answered on Sep 8, 2021

If you do not comply with terms of supervision, it will be revoked and a conviction will enter on your record.

If you are under 21, 2 convictions within 24 months will cause a suspension.

If you are 21 or older, 3 convictions within 12 months causes a suspension.

2 Answers | Asked in Criminal Law for Illinois on
Q: Is it legal for me to date someone 16 when I'm 21 if we are both age of consent?

Nothing sexual about it

Dan Nold
Dan Nold answered on Sep 3, 2021

If there’s nothing sexual about it, then it’s not dating.

Also, the age of consent in Illinois is 17.

So, definitely a felony.

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2 Answers | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: If you have a accident with another vehicle and receive a ticket for ignoring traffic light. Should you sign and pay.

No one seemed to be injured and driving record great but don't want to admit guilt by signing ticket if there is another way or if it could turn out to bite me later.

Dan Nold
Dan Nold answered on Aug 31, 2021

You should not. It can be used against you in any potential civil claim.

Also, you have a decent chance of getting the ticket dismissed by pleading not guilty and requesting a bench trial. An attorney can be used to make sure this process goes smoothly and to ensure that you don’t say or...
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2 Answers | Asked in Criminal Law for Illinois on
Q: In Illinois does a cop have to issue a ticket after arresting someone for possession of meth?
Dan Nold
Dan Nold answered on Aug 28, 2021

No. They can charge you up to 3 years after the incident for a felony offense.

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1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: I got intoxicated in the restaurant during working hours with a chocolate that had 500 mg of marijuana "Thc"

Who have to pay the hospital?

Dan Nold
Dan Nold answered on Aug 24, 2021

If you voluntarily took THC, you.

If you were somehow involuntarily intoxicated and can prove somebody intentionally caused this or a restaurant negligently allowed this to happen, you might have a claim.

The claim would be limited to actual damages suffered.

2 Answers | Asked in Traffic Tickets for Illinois on
Q: I got pulled over with an expired registration. After fixing this, will I have to appear in court to fight the ticket?
Dan Nold
Dan Nold answered on Aug 18, 2021

Some counties will dismiss when you show compliance. Some do not. The quickest, cheapest option would be to pay the ticket for $164 to avoid a court appearance. You should ask a local attorney how your courthouse/county handles these.

Expired registration is a non moving violation that...
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2 Answers | Asked in Criminal Law for Illinois on
Q: Is a 1.5 gram of meth and a .10 of fetynol a felony
Dan Nold
Dan Nold answered on Aug 17, 2021

Yes. Possession of any amount of either substance is a felony in Illinois.

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: if I have a misdemeanor and never found a lawyer and have court tmr what will happen will I be put in jail said I could
Dan Nold
Dan Nold answered on Aug 16, 2021

If you’re not sure what to do, ask the judge for more time to consult with an attorney. They should give you at least a couple more weeks and you should consult with a local attorney to see if hiring an attorney is right for your case.

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: 2 tickets under 18

My daughter is turning 18 in less than a month. She received one moving violation, and has taken the online drivers improvement course. She just now received another ticket for getting up to speed right before the speed limit sign. How can we keep her from getting suspended?

Dan Nold
Dan Nold answered on Aug 12, 2021

She will not be suspended given the situation you described. As long as the speeding ticket is less than 35 over, she is eligible for supervision. You can receive supervision twice every 12 months.

There are some other specifics regarding the speeds, but she’s probably okay.

You...
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2 Answers | Asked in DUI / DWI for Illinois on
Q: State of Illinois sends letter to get breathalyzer and work exempt do I do it or let lawyer handle it

For dui case state says I have 14 days to respond to get a blow machine and get a work permit I don’t have court for 2 more weeks or ignore the letters and let my lawyer take care of it just don’t want to hurt myself

Dan Nold
Dan Nold answered on Aug 2, 2021

You should be asking your lawyer this question. I usually advise people to send in the application and then review the evidence before paying for the device. But every case is different. You should really hire a lawyer if you have a pending DUI charge.

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Illinois on
Q: Last July I missed a DUI-cannabis court date. Now my case status says bench warrant. How do I tackle this?
Dan Nold
Dan Nold answered on Jul 20, 2021

You need to hire an attorney and get a motion to quash on file. Depending on how long ago the warrant was issued, you may currently have a revoked drivers license. Your attorney can help clear that up through this process as well. Then you need to defend or resolve the DUI.

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