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Questions Answered by Theodore J. Harvatin
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?

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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?

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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???

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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...
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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

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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...
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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... 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

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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... View 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... 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?
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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... View 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... View 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... View 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... View 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.

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.)?

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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

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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

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answered on Aug 7, 2023

No. Doesn’t even get reported.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Hi I’m 22 yo and got 3 tickets and an I-bond in june the first ticket was for speeding 21-25 mph over the speed limit.

The second one was for improper lane usage the cop claims I cut him off and 4 other people how ever I requested all possible footages from that day and there was no dash camera evidence. The 3rd one was for suspended plates which I had no idea I had because my car is under my brothers insurance.... View More

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answered on Aug 7, 2023

The $3,000 means $300 bond but regardless of the amount, you don't want to skip out They will suspend your license until the cows come home so you need to deal with it.

Too much for you to handle on your own. Find a local lawyer in the county you received the ticket. Looks like you are...
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1 Answer | Asked in Traffic Tickets for Illinois on
Q: Reckless Driving Citation

I was driving on the highway and noticed the driver behind me experiencing severe road rage, she tried to run myself and my son off the road and was visibly extremely angry. I was taking an exit to get off the road away from her, I was several hundred feet in front of her taking the exit, when she... View More

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answered on Jul 30, 2023

This kind of charge is fact intensive. Meet with a lawyer who practices in the county in which the court is located.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: I received a ticket for disorderly conduct. The ticket doesn't have any badge number officers name or signatures.

Doesn't have time date of offense. Can I get dismissed because of this errors?

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answered on Jun 21, 2023

Not likely. Those things can be remedied before trial. That is the job of the prosecutor not the cops

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