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Questions Answered by Theodore J. Harvatin
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.

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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... Read 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... Read more »

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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...
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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... Read more »

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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... Read 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?
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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....
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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... Read more »

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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...
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1 Answer | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: Can I apply for court supervision a second time even though it hasn’t been 12 months since my last court supervision?

So I currently got into a car accident in where it was my fault. No one got hurt. But I got a ticket for reduce to speed/accident. I was trying to brake but my foot slipped off the brakes and it was too late. I took a court supervision in November. I was told no tickets between 6 months or 12 but... Read more »

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answered on Oct 5, 2022

They may grant you supervision twice in a year. But even if you were convicted, if the Nov ticket is the only one for 12 months it will not be a problem. Having said that, go to court and ask them if the other driver showed up. If they did not show up, most likely the ticket will be dropped. By the... Read more »

1 Answer | Asked in Traffic Tickets for Illinois on
Q: What is a evaluation? My lawyer asked me to bring my evaluation to court tommarow and I can’t get into contact with them
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answered on Aug 13, 2022

A drug and alcohol evaluator licensed by the state.

https://www.dhs.state.il.us/onenetlibrary/27896/documents/by_division/oasa/directories/license_directory_by_county.pdf

However, some court systems require you to use a given evaluator from their list. Your lawyer should be...
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1 Answer | Asked in Traffic Tickets for Illinois on
Q: Did court supervision and traffic school with a ticket that would allow it to get it removed but it is still on record.

Did all that was supposed to be done for a petty offense removal to not be reported as a conviction to the secret of state as stated as Option C inside the twenty-second judicial circuit court McHenry county, Illinois pamphlet. When recently applying for a job it showed that the ticket was still on... Read more »

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answered on Aug 7, 2022

It will not show up on your public abstract but will stay on the court purposes record for several years. It will not, however, be a conviction so no points.

In addition, anybody who wants to look up online records can see what happened.

2 Answers | Asked in DUI / DWI for Illinois on
Q: I have 2 DUIs in the Illinois. The last one occurred over 20 years ago. What steps do I need to get my license back?

Both of the DUIs occurred over 20 years ago and I completed all required treatment. I don’t drink and I would like to get my license back now that I have children and a new job that I need to be able to drive for. Does the fact that it was over 20 years ago have any impact.

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answered on Aug 5, 2022

The fact that is 20 years certainly does not hurt. The fact that you completed all your treatment may or may not be relevant, depending upon what your classification is and what you’re drinking and or drug use has been like since you’ve completed treatment.

At a minimum, you would have...
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1 Answer | Asked in Traffic Tickets for Illinois on
Q: What will happen to my son's permit and how long will it take for him to get his license after receiving a ticket?

My son is 16 years old with a driving permit. He received a speeding ticket going 19 mph over the speed limit. I was in the car with him. What will a conviction do to his permit if I pay and will he have to go to safety driving school if we go to court?

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answered on Jul 24, 2022

Upon a conviction, his GDL restrictions would be extended. What he should do is request court supervision, which will not work against him as a conviction. You will have to attend court with him, and he will be required to complete a special course for underage drivers.

2 Answers | Asked in Traffic Tickets for Illinois on
Q: If I get two tickets in less than two weeks and I am 17, if I go on court supervision for one will that help me
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answered on May 4, 2023

Yes, that will protect your license. You must have a parent or guardian with you in court and will be required to take a safe driving course.

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1 Answer | Asked in DUI / DWI for Illinois on
Q: How to fight DUI charges in Illinois when I was parked and not driving?

Received charges in May 2022. Was parked in the parking lot using the car for shelter. Had no intentions of driving.

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answered on Apr 16, 2023

In Illinois, you either have to be driving or “in actual physical control” that generally means able to drive. You will not be able to address this question over the Internet while you are sitting at a computer in North Carolina. You should find a DUI lawyer in the county where you receive the... Read more »

1 Answer | Asked in Traffic Tickets and Cannabis & Marijuana Law for Illinois on
Q: I was initially pulled over for expired tags and then found out my license was suspended.

The officer took me into custody and then released me on an I-bond. I have court on Thursday, but I have been replaying the encounter in my head, and I don't believe he ever referenced any of my Miranda Rights during our exchange. I was arrested on Driving on a suspended license and open... Read more »

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answered on Mar 20, 2023

Miranda rates are necessary when you are taken into custody. Furthermore, even if your Miranda rights are violated, it only six to suppress any statement you made.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: How does my driving record as a minor differ from my record as an adult.

When I was a minor I was pulled over for speeding and given a written warning as the officer understood my situation. Now 2 years later as an adult I received another written warning for speeding because of emotional distress. How do these differ on my driving record if they are at all and how do... Read more »

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answered on Mar 4, 2023

Warnings are not part of your record.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Is my son, who lives in Illinois and paid his Minnesota speeding ticket, able to change it to supervison?

He now has a suspended license due to 2 tix before 21 yrs. But needs a license to drive to his college classes. He currently attends college in Texas.

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answered on Jan 16, 2023

That is a question that would be best posed to a MN lawyer.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: I am from illinois but got a 10 over speeding ticket in Michigan. How can I get it off my insurance record

I am willing to do court supervision or a class. I just don’t want my home state finding out

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answered on Nov 22, 2022

You would have to pose that question to a Michigan lawyer. They may have something similar to supervision, or perhaps reduced to a non moving violation.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Can I have a driving revoked ticket dismissed due to errors?

My 2003 GOLD Chevrolet trailblazer was towed, I spent the night in jail. Officer A wrote me tickets for driving revoked, no insurance and expired registration plates from a vehicle I just bought. I was released on recog as they said they didnt have any paperwork on me. On my tickets he states its a... Read more »

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answered on Nov 11, 2022

No, those are not defenses to these charges. In addition, the tickets can be amended before trial to cure any defects.

2 Answers | Asked in Traffic Tickets for Illinois on
Q: Will I be able to receive or ask for another court supervision?

I had my first ticket in June of 2021, it was nothing but 164$ and I payed that. Got another one I March of 2022 was placed under supervision for 6 months. I did the 6 months and payed the court fee. So should that ticket be off my record? Anywho, got 2 more on Friday, October 7th, 2022 and I have... Read more »

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answered on Oct 9, 2022

They will know about the supervision.

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1 Answer | Asked in Traffic Tickets for Illinois on
Q: Who is responsible to pay for window tint ticket?

I was given a service loaner vehicle from an authorized car dealer while my car was being repaired by that dealer. While in the loaner vehicle I received a window tint ticket as the loaner vehicle had tints that are too dark in Illinois. I obviously assumed that the window tint was a legal level... Read more »

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answered on Aug 25, 2022

Did you look at the ticket? Since they have no idea who you are, I assume the ticket is directed to the owner of the vehicle, which is not you.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Plate sticker was 2 years old and I didn’t know. Next day I bought a new plate and sticker after getting ticket.

Can I contest it now that I have the new plate and updated sticker?

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answered on Aug 8, 2022

The sticker is supposed to be valid at all times. Some judges will, if you show proof of late compliance, dismiss the ticket.

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