Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Theodore J. Harvatin
1 Answer | Asked in DUI / DWI for Illinois on
Q: Blew into my baiid device and failed .106 @ 9am then waited until 2pm and blew a .024 passed. What is going to happen ?

On rdp significant risk. There was no lockout period.

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2024

You will be found in violation of the program. Your next hearing will have to be a formal hearing. Your evaluator must address the violation and determine if you need additional treatment and/or need to be reclassified. The chances you will be reinstated are almost 0 and at most expect a permit.

2 Answers | Asked in Traffic Tickets for Illinois on
Q: Hi! So, I made an SR22 filing with my insurance company - as the courts mandated me to. Does this get reported to them?

Just needing clarification on whether or not the courts are notified each month that I successfully paid my car insurance.

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2023

SR 22 is mandated by law. The Secretary of State not the courts monitor it. The exact purpose of SR 22 is that the insurance company electronically reports to the Secretary of State once a month that you have minimum financial responsibility coverage of $25,000 in the event you are involved in an... View More

View More Answers

2 Answers | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: While driving my truck got ticket from police that i moved before school bus goes(stop sign arm put back in) in indiana

Trial set in march. But i live in illinois. Got a lawyer from indiana but he said doesnt know about illinois law so should hire illinois attorney. Also he is asking about photo or video of that day and it happened year ago. Nothing know about yet. What should i do? Does anyone know conviction that... View More

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 7, 2023

He can file a motion for pretrial discovery of the video.

If you are convicted, your Illinois drivers license will be revoked. You will need to obtain a drug and alcohol evaluation complete all necessary classes and have a hearing with the secretary state. If you refuse the testing that...
View More

View More Answers

1 Answer | Asked in DUI / DWI and Civil Rights for Illinois on
Q: Can my dui case be dismissed for want of prosecution after I already plead guilty an paid fines in full?

They can't find any record or incident report for my case at all. No officer sworn report either.

Can I get my fine money back and reimbursed for my vehicle they auctioned off as well?

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 16, 2023

You pled guilty and paid the fines, so there is no want of prosecution. The state has fully prosecuted the case to a guilty plea and collected its fine. I am not seeing this as a viable course of action. If being ability to produce the documents is creating some other sort of hardship, you might... View More

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Hi, I recently received a court appearance ticket for speeding. I wanted to see what I can do about this.

On the ticket it says I was going 35 miles above the speed limit. I don’t think this is accurate and the officers did not have evidence for this. But I did accept that I was speeding but I did not mention how fast I was going. Is there anything I can do to get this changed?

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2023

This is one of those things that really depends upon the court system you are involved with. Some judges and prosecutors are rigid and others will compromise. Locate a lawyer in the county where you received the ticket, who appears regularly in traffic court. Right now, if you plead, guilty, it is... View More

1 Answer | Asked in Traffic Tickets and Communications Law for Illinois on
Q: (21) I have 2 improper use of phone within 5 months of each other in which I got supervision on the first. What happens?

Court Supervision on the first, optional court date will be in September 2023 in which I'm think I must attend, and I use my phone for Uber. Any way I can retain my supervision???

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

A ticket while you are in supervision does not automatically cause loss of the supervision. The prosecutor must be aware of it, and must file papers to revoke the first supervision.

Most of the time on these minor offenses, they do not revoke and might even give you supervision again for...
View More

1 Answer | Asked in DUI / DWI and Juvenile Law for Illinois on
Q: 17yr DUI. He says wasn't read rights on scene. Handcuffed, then ankle cuffed to floor at the station. Is this legal?

Made illegal left turn from side street to 2 lane 1 way into the right lane. My son used his personal cellphone to call us. (Wasn't the officer.) Was read rights at police station with us present Except he read them then left the room before 20 minutes was up. Then came back into the room... View More

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2023

First off, they read him his rights once. Secondly, not reading your rights does not mean not guilty automatically, If Miranda is violated it only suppresses any statements made.

He was not charged with underage drinking, curfew, truancy, or running away. He was charged with a criminal...
View More

1 Answer | Asked in DUI / DWI for Illinois on
Q: My boyfriend got a dui in one county and violated probation and got another one 9 months later in another county.

He hasn’t lost his license yet. He got away with basically nothing from the first dui. Now that he has violated his probation and got another dui what would be expected might happen. This is in illinois.

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2023

He could very well end up with two convictions, particularly since they are in two different counties. If he only ends up with one conviction , his license will be revoked for a minimum of 12 months. If he receives to convictions, he will have to drive on a restrictive permit for five years with... View More

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Pulled over 4 suspected reckless driving, not witnessed by Officer But only issued ticket for Expired License! Lawful?

Driver pulled over by Sheriff on a one lane expressway from a call into the Department of an alleged Reckless Driver. Sheriff Officer NEVER WITNESSED the callers complaint. Pulled over driver who was doing the speed limit & in their lane. Driver had an EXPIRED License for 6 years. Driver NOT... View More

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2023

I am not really seeing a legal defense here. The only possibility would be that the officer had no basis to believe the hearsay. But short of that, an officer can institute a stop based upon hearsay.

You don’t have to sign a ticket to make it valid.

Your best move here is to go...
View More

1 Answer | Asked in Traffic Tickets, Cannabis & Marijuana Law and Juvenile Law for Illinois on
Q: I’m 17 years old. I have court soon and would like to know what consequences I’ll likely have to face.

I got charged with reckless driving, fleeing/attempt to elude an a officer, Unlicensed (it was after curfew), unlawful use cannabis/driver, 35+ in a 55, and disregard of 7 separate stop signs. I know nothing is certain until I appear in court but I’d like to know what they might charge me with... View More

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2023

If a driver runs more than two stop signs or stop lights or exceeds the speed limit by more than 20 miles an hour while an officer is in pursuit, that could be charged as a felony. The first court date is not the end of your case; it is the beginning. That is where you or your attorney plead not... View More

1 Answer | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: in a car accident and received 2 ticket for uninsured vehicle and expired registration can the tickets be thrown out?
Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2023

If should purchase insurance and bring proof to court. They would provide you court supervision and fine you but you would avoid a no insurance conviction, which would cause a suspension of your license.

Note: you will have to purchase SR 22 coverage, in addition to your regular insurance....
View More

1 Answer | Asked in Traffic Tickets for Illinois on
Q: I had a blown tire. My vehicle was off the road and shut off for 20 minutes or more while I was trying to contact someo

I saw an officer turn around across the street from me. As he was pulling across I stepped our of my car to let him know I had a blown tire and didn't have a breaker bar and trying to call. told me I could get back in my car as it was raining out. Well after running my plates I guess they... View More

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2023

In Illinois, you can be either actually operating a motor vehicle or “in actual physical control“. In your case, that essentially means, how else did you and your car get there if you did not drive them there.

And what happened on your no insurance ticket is you probably Failed to have...
View More

1 Answer | Asked in Traffic Tickets for Illinois on
Q: I was pulled over by Illinois State police a few weeks ago for speeding and given a written warning. How long will it

How long will it stay on my record with the Illinois State Police?

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2024

There will be no record

1 Answer | Asked in DUI / DWI for Illinois on
Q: Was ticketed for DUI. Am I "guilty" until Proven Innocent.

I have COPD,emphysema and bronchitis.

I was unable to satisfy the breathalyzer.

I was short of breath and wheezing.

I wanted to take my rescue inhaler to open up my airways but was denied.

During the interview, I openly and honestly admitted to having a drink... View More

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2024

Not sure what your question is. Secretary of State has a form for your physician to fill out to determine your breathing capacity. As far as what you were talking about with the interview I’m not sure what you mean and I’m not sure what that has to do with the breath machine but apparently you... View More

1 Answer | Asked in Traffic Tickets for Illinois on
Q: How do I plead at my court hearing?

i got ticket 9-21-5-11(c)(2) for workzone speeding in the state of Indiana. The ticket said i was going 90 in a 55, but i had my cruise control set to 80. I have not plead guilty or not guilty, but am waiting for my court hearing. What is the best way to go about the hearing?

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2024

This should be directed to an Indiana attorney for specifics, but in general, I was speeding, but I wasn’t speeding as fast as a claim is not a good defense.

1 Answer | Asked in DUI / DWI for Illinois on
Q: Illinois SR22 but may move to Indiana.

I live in Illinois. Am required to have sr22 for dui. 2 years complete, 1 left. If I move to Indiana, do I have to start the 3 years over for indiana? I know I have to file in Illinois for the remaining year. Do I have to file sr22 with indiana also, and if so, would it be for 3 years with Indiana... View More

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 15, 2023

If you are surrendering your Illinois drivers license, Illinois loses jurisdiction. The question of what Indiana will require should be posed to an Indiana lawyer.

1 Answer | Asked in Car Accidents and DUI / DWI for Illinois on
Q: In an aggravated DUI, will the driver still get a felony if the victim was also under the influence?

They want to drop it to a misdemeanor since my son was also drinking. He lost his leg, broke his neck, back and shattered his spleen.

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

Your question is unclear. I can’t tell who is being charged, you, your son, or someone else? I’m not even sure who was driving. But in any event, if someone is charged with drunk, driving in an accident in which someone suffers “great bodily harm“ it can be charged with a felony regardless... View More

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Hi, looking for a definite answer for motorcycle lighting laws in Illinois.

Am I allowed to add anything? (wheel kits, underglow kits, panel lighting, etc.)?

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2023

There is a lawyer here in Springfield Il named George Tinkham. Big motorcycle guy. George may be retired and I’m not sure exactly how to reach him these days, but if you Google him, you might find some information there. He might be able to help answer your questions. He’s also on Facebook if... View More

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Will an Illinois judge call or be able to confirm that the insurance card I am providing is in fact a valid policy?

I bought a motorcyle on 7/29 and drove it home. While driving it home I had an accident with another vehicle. I literally had just bought it 25 mins before the accident. It was my fault and very minor. I have arranged to repair the other party's vehicle. My insurance company would not... View More

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2023

Most policies give you 7-30 days to report a replacement vehicle. Not sure how that works with a motorcycle. Not clear what you mean by your insurance "would not cover me" when later you seem to be asking if they will cover you.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: 625 ILCS 5/11. 1301 hi I was wondering I got a ticket for this ordinance no stopping or standing is this a moving violat

I was just wondering if this is a moving violation

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 7, 2023

No. Doesn’t even get reported.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.