Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Brian Polinske

2 Answers | Asked in Traffic Tickets for Illinois on

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

This is in regards to speeding 10 mph over in a 30 zone in Cook County.

Brian Polinske answered on Feb 7, 2017

If you obtain a dismissal or court supervision on the offense you will not have a conviction. Fines and costs are normally imposed.

View More Answers

2 Answers | Asked in Criminal Law and Juvenile Law for Illinois on

Q: My daughter was attacked by another girl and physically assaulted. They are both 13. Why can't I press charges?

Police witnessed the assault and told me to talk to the school. But it was on sat and the school won't do anything. So this girl just gets away with almost break my kids nose?

Brian Polinske answered on Jan 30, 2017

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.

View More Answers

1 Answer | Asked in Traffic Tickets for Illinois on

Q: Is a citation not a warning or ticket not signed by myself the offender hold up in court?

I was pulled over by a state officer in the middle of town where it should have been city jurisdiction. He ran my plates three block ahead of me and saw I have technically a revoked liscense. I had permits from the sec of state to drive and they had just expired four days prior. Two days prior I... Read more »

Brian Polinske answered on Jan 30, 2017

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.

1 Answer | Asked in DUI / DWI for Illinois on

Q: Is there a way to appeal the suspension of my license?

Brian Polinske answered on Jan 19, 2017

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.... Read more »

1 Answer | Asked in DUI / DWI for Illinois on

Q: While driving with BAIID interlock system with camera and GPS, what logs does the SOS look at?

Brian Polinske answered on Dec 16, 2016

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.

3 Answers | Asked in Traffic Tickets and Insurance Defense for Illinois on

Q: I have a ticket from 15 years ago what can I do it's for no insurance

Brian Polinske answered on Dec 15, 2016

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... Read more »

View More Answers

1 Answer | Asked in Traffic Tickets for Illinois on

Q: Speeding 26-34 MPH Over Seed Limit, Following too closely, improper lane usage tickets in Dupage County, any suggestion?

I am a healthcare worker I was on a Stat order to perform a procedure and I was ticketed on I-88 Westbound. I live in Cook County. I am fearing the worst, although no prior convictions of any speeding or anything It all depends on the judge. I am not having any luck anyone know what I should do in... Read more »

Brian Polinske answered on Dec 14, 2016

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.

1 Answer | Asked in Traffic Tickets for Illinois on

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?

Brian Polinske answered on Dec 12, 2016

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.

1 Answer | Asked in Criminal Law for Illinois on

Q: After a judge drops charges at trial can he bring theme up at sentencing

Brian Polinske answered on Dec 12, 2016

Not if you are acquitted. That means having the case or charges dismissed.

1 Answer | Asked in Traffic Tickets for Illinois on

Q: My vehicle was booted and license suspended, first time. Can old tickets be dismissed?Can I reinstate ?

If I let the state keep the vehicle can I just reinstate my license without having to pay all of my tickets up front?

Brian Polinske answered on Dec 8, 2016

You can hire an attorney in the county where you are charged. That attorney can best advise whether you can accomplish the desired result. If the problem is as simple as paying a fine you can do so and get your suspension removed. Without more information I can't give you a more thorough answer.

1 Answer | Asked in Traffic Tickets for Illinois on

Q: court supervision for 90 days on speeding ticket and have a mandatory court date for rolling a sign 2 months later.

My mandatory court date for the stop sign is next year (my court supervision will expire) but I was pulled over before it ended. Will my supervision take into the account the date I rolled the stop sign or the date I plead guilty in traffic court?

Brian Polinske answered on Dec 8, 2016

Technically the supervision could be revoked if they file a petition. A lot of the larger counties don't bother to do so due to the resources (or lack thereof) that are available to them. You should contact a qualified attorney in that county that can assist you in this regard. There is a chance... Read more »

3 Answers | Asked in Traffic Tickets for Illinois on

Q: 2 speeding tickets in one month in 2 different towns can I ask for court supervision on the second ticket?

Brian Polinske answered on Dec 8, 2016

Absolutely. You can always ask for that as a disposition. The end result will vary depending on which county(ies) that the citations were filed in. Larger counties oftentimes grant supervision more than one time even for cases that are close together in time. Contact a qualified attorney who... Read more »

View More Answers

2 Answers | Asked in Traffic Tickets and Insurance Defense for Illinois on

Q: If you don't have proof of insurance then you show them that you have it will it drop?

Will they drop the charges that you have it proof of insurance to show them? Will you have go court over it or what?

Brian Polinske answered on Dec 5, 2016

By statute they must dismiss the charge with proof of valid insurance.

View More Answers

2 Answers | Asked in Traffic Tickets for Illinois on

Q: Cannot make $140 speeding ticket on due date. Can I get an extension for following week?

Brian Polinske answered on Nov 30, 2016

You must ask the court for an extension. The answer to the question depends on whether this is your first request and what court your ticket is pending.

View More Answers

1 Answer | Asked in Criminal Law for Illinois on

Q: Can a cop search my car anytime I'm pulled over? Do I have to let him no matter what or can I object at the scene?

Brian Polinske answered on Nov 30, 2016

The only time an officer can search your car is if he had probable cause to believe a crime is being committed (like the scent of cannabis emitting therefrom), with consent, pursuant to an inventory tow/policy or with a search warrant. If you object you should do so carefully since you cannot... Read more »

1 Answer | Asked in DUI / DWI for Illinois on

Q: What's going to happen to me? I got a dui and instead of fines,

said I'd do community service, but the deadline has passed to do it.

Brian Polinske answered on Nov 30, 2016

You should immediately contact the State's Attorney either personally or through an attorney to attempt to negotiate another deadline extension for the community service.

1 Answer | Asked in Traffic Tickets for Illinois on

Q: I missed my court date after getting a citation for not having insurance card on me.What can I do?

My insurance card is valid, and it still is less than a month from the missed court date

Brian Polinske answered on Nov 28, 2016

You can present proof that you were insured to the State's Attorney who is handling your case. That should not only result in a dismissal of the charge but will normally result in quashing either the warrant or obtaining an order vacating a default judgment against you.

1 Answer | Asked in DUI / DWI for Illinois on

Q: Are there instances where an interlock device is NOT required for re-instatement after a revocation, and what are they?

I am currently in the process of re-instatement after a revocation. Hearing is scheduled. I have 2 Dui's, the last one in 2005. I have been revoked since, on a 3-yr revocation, due to 4 DWR. NONE of the subsequent arrests have been alcohol related. I am interested in if an interlock device is... Read more »

Brian Polinske answered on Nov 28, 2016

Yes the device will be required by the Secretary of State. The device is called a BAIID. The BAIID is a condition of receiving a Restricted Driving Permit for a person who has two or three DUI convictions; or two statutory summary suspensoins (as a result of two DUI arrests); or one DUI... Read more »

1 Answer | Asked in DUI / DWI for Illinois on

Q: In Illinois, what are the requirements for a reinstatement evaluation and hearing?

After my DUI and license suspension, I went through the evaluation and a full follow-up treatment program, all successful and I'm living sober. I'd now like to go back and apply for reinstatement. But what will be required of me for the necessary evaluation? Is it just a conversation? Or are... Read more »

Brian Polinske answered on Nov 18, 2016

A hearing requires a current AODA approved evaluation, proof of any required alcohol treatment, employment verification, medical need verification, and you must wait until you are eligible for reinstatement. If you have all the paperwork referenced above in order you file for either a RDP... Read more »

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.