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Questions Answered by David J. Winer
2 Answers | Asked in Traffic Tickets for Illinois on
Q: Can a speeding ticket be dismissed if court date has been changed for a long period of time?

I received a speeding ticket back in April when this pandemic situation was going on, officer said he clocked me at 49 on a 25, I tried explaining the officer I was on an emergency reason to me speeding and I wasn’t unaware how fast I was going, also officer did not pull me over until I already... Read more »

David J. Winer
David J. Winer answered on Jun 28, 2020

If you cannot afford a lawyer then call the Clerk of the Court where the ticket is assigned and ask them how to set your case for a traal. With the COVID closures every courthouse has different rules. Once it is set for a trial you have to plead and explain your case to the judge.

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4 Answers | Asked in Traffic Tickets for Illinois on
Q: Got ticket 103 mph speeding in Illinois. Posted limit was 70. How to solve it ? I am from California and Licence too.

Please give me best idea. I am not sure that I drove 103 mph it might be 83 or 93 mph but coups issued ticket of 103.I didn’t want argue with coups that time, whatever he said I did and sign the ticket. I also paid 250$ cash at the same time. What is best further step please advice me.

Thank you.

David J. Winer
David J. Winer answered on Jun 28, 2020

Since you are going 33 over the limit your case is a Class B misdemeanor which can face jail time, although that is very unlikely. But, based on your driving record and other factors there is a possibility the prosecutor will amend the ticket to a lower charge. I highly suggest that you contact... Read more »

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4 Answers | Asked in Traffic Tickets for Illinois on
Q: I was pulled over for going 93 in a 70 in Wisconsin, but live in Illinois. How will points work?

I have a clean record as this is my first offense. Is there a way to either reduce points or get the violation removed through supervision and/or traffic school? I’m 21.

David J. Winer
David J. Winer answered on Jun 28, 2020

Since Wisconsin does not have supervision I would get a lawyer there and try to have the speed reduced or they may reduce it to a non-moving violation. If the speeding ticket is reported to Illinois the conviction is will affect your driving record. You can email me and I can provide the name of... Read more »

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: I'm 18 I received a ticket for speeding, no seatbelt and improper lane usage in different state. What's going to happen

I was given the speeding ticket in one state going 20 over, then in a different state was given a ticket for no seatbelt and improper lane usage on the same day. I dont live in either state. Am I going to lose my license

David J. Winer
David J. Winer answered on Jun 22, 2020

Possibly, since the other state will report the convictions to Illinois your license may become suspended. Two convictions for moving violations in 24 months for people under 21 years old results in a suspension. I would hire an attorney there and tell them that you can lose your license if they... Read more »

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2 Answers | Asked in Criminal Law for Illinois on
Q: My brother is on probation, can he be prosecuted for going to rehab?

My brother is an alcoholic and addicted to drug. He needs to be committed to rehab as an inpatient in order to get better. He's talked about how he wished he died multiple times and has overdosed multiple times. We have tried to get him to quit, but he won't. He claims if he gets in... Read more »

David J. Winer
David J. Winer answered on Jun 22, 2020

Without more info it is impossible to answer this question. if he is on probation then the PO should asssit him in getting into inpatient treatment. If he is not under the court jurisdiction or chaarged with anything then the courts have no involvement.

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1 Answer | Asked in Traffic Tickets for Illinois on
Q: Pulling a trailer home through Illinois after purchase from private seller without plate.

I intend to purchase a trailer from a private seller in Florida who is able to meet me almost halfway. This means I will need to pull a small (630 lb, 11 foot total length) trailer through Illinois without a plate.

Wisconsin does not require plates on this trailer, but IL does. Will I have... Read more »

David J. Winer
David J. Winer answered on Jun 21, 2020

I suggest that you call the DMV- Secretary of State and ask them. Every state has different requirements of what is allowed to be hauled.

2 Answers | Asked in Criminal Law for Illinois on
Q: If my past felony charge is now legally a misdemeanor, does my record change? Or do I still need too expunge
David J. Winer
David J. Winer answered on Jun 21, 2020

It depends whether you received a Conviction or Supervision and also what other priors offenses are on your record. I suggest calling a lawyer in that county to look up your record and detemine if you are eligible for either an Expungment or to Seal your record.

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1 Answer | Asked in Criminal Law for Illinois on
Q: can police demand ID for trespass,u are at walmart they ask u to leave,u do,police come/no crime

ur taking pics at walmart of ur car that was hit,walmart says no pics allowed on there property and ask u to leave,u do,police come to issue trespass away from walmart,do i have to ID with no crime committed?

David J. Winer
David J. Winer answered on Jun 21, 2020

If a private business, company or residence requests you to leave and stay off their property then you cannot stay or return. If you received that notice orally or in writing then you can be charged with trespass. The police ask for ID to make sure you are the correct person that they are giving... Read more »

3 Answers | Asked in Traffic Tickets for Illinois on
Q: I live in Illinois and I got a speeding ticket. Do I have to go to court in person to request court supervision?

I want to request court supervision, but going into court is a problem right now because of the Covid-19 pandemic. I live with several at-risk family members. Can I request court supervision by mail?

David J. Winer
David J. Winer answered on Jun 21, 2020

If your speeding ticket is below 26 miles over the limit you should be able to plea guilty through the mail. But that is determined by the county courthouse it is assigned. If the ticket is below that speed you should have been given instructions with an envelope or info on the back of your... Read more »

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5 Answers | Asked in Traffic Tickets for Illinois on
Q: Im 19 and first offense, I got a ticket for going 91 in a 50. What does, “Method of release: promise to comply.”, mean?

Also, is there any way to go about this without insurance finding out, and/or without it staying on my record? Finally, what would this be classified as? Again, first offense but I am young so they may slam me... thank you.

David J. Winer
David J. Winer answered on Jun 21, 2020

The promise to comply is your bond and agreement to appear in court for your ticket. The officer could have made yo post a cash bond but gave you a break instead. The tickets is a Class A misdemeanor since you were more than 35 miles over the limit. it is possible to avoid the serious consequences... Read more »

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4 Answers | Asked in Traffic Tickets for Illinois on
Q: I was told that I would receive citation for speeding in the mail in 2-4 weeks, I have not seen it. What should I do?

I receive a ticket in Mo. The officer told me that I should be getting the citation is 2-4 weeks. I looked up my name in the case.net. I could not find my name in the system. I guess I wanted to take care of the ticket, before I get a warrant out in my name.

David J. Winer
David J. Winer answered on Jun 21, 2020

I first suggest that you go online or call the Court Clerks office in the county where the offense happened. If that is not successful then contact a local defense attorney in that county to see if they can find out any information on your behalf. A local attorney should know and have access to... Read more »

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3 Answers | Asked in Criminal Law for Illinois on
Q: How does bonding out work without a bondsman? Do I really have to pay the whole 10% of the bond on the spot?

My boyfriend was recently arrested. His bail was set at 100,000 and of course 10% is the bond, I do not have that kind of money. I’ve managed to collect about half of it. I’m not knowledgeable on the law and had a few questions. How does this work? Do I really have to pay $10,000 for him to be... Read more »

David J. Winer
David J. Winer answered on Jun 1, 2020

In Illinois there are no Bondsman. Other states have them, but not Illinois. The 10% must be paid for him to be released while the cse is pending in court. With a criminal defense attorney he can petition to request the bond be reduced or him released on Electronic Monitoring instead of being in... Read more »

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3 Answers | Asked in Criminal Law for Illinois on
Q: Police want me to sign a confession for a crime I didn’t commit. Does this mean that they have insufficient evidence?
David J. Winer
David J. Winer answered on Jun 1, 2020

If you are going to be questioned by the police you certainly need a local criminal defense lawyer right away.

After you hire a defense lawyer have him contact the police officer on your behalf. If the police do question you without any attorney you should be truthful with your name,...
Read more »

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3 Answers | Asked in Criminal Law for Illinois on
Q: Need help I can afford 1000 down and 500 a month but can find no willing attorneys for 2019cf270 fir Franklin county
David J. Winer
David J. Winer answered on May 17, 2020

If you are unable to afford a private defense attorney, you can petition the court and request the appointment of a Public defender. After the Judge inquires about your income, assets he will decide if you qualify for one. If not, you will have to keep looking for one yuo can afford in that... Read more »

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3 Answers | Asked in Criminal Law for Illinois on
Q: I have noticed that many counties are offering their jail inmates extremely light sentences

Are they going to offer the productive people out on bond the same thing if not I need help on a 2019 CF 270 case out of Franklin County

David J. Winer
David J. Winer answered on May 16, 2020

Every County Sheriff and court is dealing with this issue differently. Some are letting defendants out of jail on Home Confinemet depending on the nature of the crime, criminal background etc. You must speak with a lawyer from that county to see if there is a possibility of being released.

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4 Answers | Asked in Traffic Tickets for Illinois on
Q: Hi everyone. I have a question of this. I had a ticket from Mclean County..

Hi everyone. I have a question of this. I had a ticket from McLean County in last November 27th. I paid the ticket already and done with the Traffic School already. My ticket are No Court Appearance Required also. So last 3 months ago I was checked my case on online that say I have Court... Read more »

David J. Winer
David J. Winer answered on May 16, 2020

In most of the courts they are extending the Supervision dates due to the COVID court closures. If you have already completed eveything and the court has proof of it then there is nothing to worry about as the Supervison will terminate and not be a conviction.

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4 Answers | Asked in DUI / DWI for Illinois on
Q: 37 yrs ago my husband had a dui in pensacola florida went to court $1000 fine he paid and 100 days community service

the community service started in 3 weeks and navy relocated him to california two weeks later. He told judge this and he said well dont ever come back to florida or you'll be arrested. California gave him a license and so did illinois where we live now. Now illinois wont reissue his driver... Read more »

David J. Winer
David J. Winer answered on May 15, 2020

It is unclear from your questions whether the hold is in Illinois of Florida. I suggest that you call the Illinois DMV at 217-782-7065, give his Illinois drivers license number and ask what the hold is about and where it is from. Beware, they are closed now due to COVID and it may take awhile... Read more »

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3 Answers | Asked in Criminal Law for Illinois on
Q: I pleaded guilty to get court supervision and a fine. I paid off my fine. 2 days after that PETN REVOKE PROB/COND DISCH

DISCHARGE/SUP; FLD. What does that mean? I followed everything. Haven’t gotten pulled over since. Should I be worried?

David J. Winer
David J. Winer answered on May 15, 2020

It is possible that the Supervision was revoked by the fine not being paid on time. I suggest you either call or go online with the courthouse you attended and see if the Supervsion was revoked and a conviction/Conditional discharge entered. If so, you have to return to court and ask the Judge... Read more »

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5 Answers | Asked in Traffic Tickets for Illinois on
Q: I got my first speeding ticket on the expressway in Tazewell county, going 26 over the limit can it be dismissed ?
David J. Winer
David J. Winer answered on May 15, 2020

Because it is over 25MPH over, it is classified as a Class B misdemeanor. I suggest that you contact an attorny in that cuonty and inquire what options are available. Every county and courthouse deals with these types of tickets differently and only a local lawyer can give you an idea about that... Read more »

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: I got ticket for doing 20 over. Supervision with traffic school for $229 is an option. Could a lawyer do better?

Last night I got a ticket from Batavia police. My record is decent with no other moving violations for well over a year. Previously I used a lawyer for my daughters violations and it proved useful. But in this case I'm not sure a lawyer could do any better than the supervision option. So... Read more »

David J. Winer
David J. Winer answered on May 15, 2020

I agree that Supervision with that fine is a good outcome. Since you have not had any other tickets for awhile I don't think you need lawyer unless you have a CDL license or the speed was 26MPH over the limit

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