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Questions Answered by David J. Winer
4 Answers | Asked in Traffic Tickets for Illinois on
Q: If I received a no court appearance ticket for speeding 25 over, do I pay ticket fine of 165 plus traffic school fee

Or do I just pay traffic school fee and not ticket because it's a no court appearance

David J. Winer
David J. Winer answered on Jul 18, 2020

If it is under 26mph over you can pay and do the Traffic School without appearing in Court. This would grant you Supervision which is not a conviction. However, if you are under 21 years old and depending on the extent of your driving record history, you might want to hire a lawyer to resolve it... Read more »

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: Can you get a driving on revoked from someone videotaping you driving then showing the police
David J. Winer
David J. Winer answered on Jul 18, 2020

Yes, because that person is like any other witness to an offense. If that comes to testify in court, a Judge can conclude you drove a vehicle and the police can testify that you were revoked based on Secretary of State records.

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2 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for Illinois on
Q: Thanks for the help

A question to distinguished attorneys, is a agaravated speed violation considered a under the IMPAIRED drive or Moral turpitude particularly serious crimes ”when it comes to immigration and does it affect the person in the immigration court

David J. Winer
David J. Winer answered on Jul 18, 2020

I highly recommend that you discuss it with an immigration attorney. An "Aggravated Speeding" is either a Class A or Class A misdemeanor criminal charge. An immigration attorney should tell you whether it will affect an immigration application. I suggest that you hire a local... Read more »

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4 Answers | Asked in Traffic Tickets for Illinois on
Q: I was ticketed in Indiana for passing a school bus, and now IL wants my license for 3 months...

I consulted a lawyer in Boone County where it happened, and he told me that it was a basic traffic ticket with a light fine and no suspension and recommended I pay it and avoid the court date. I did so, but recently I received a suspension notice that starts August 17th. I attempted to have an... Read more »

David J. Winer
David J. Winer answered on Jul 18, 2020

A Formal Hearing will also take too long to get the results . You need to hire an attorney in Indiana ASAP to petition the court to reopen the case. Hopefully, once the prosecutor learns of the severe consequences he will be willing to change/amended to another violation that does not cause in... Read more »

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: First speeding ticket in 1/20 (52 on 40), attended traffic school; Got another speeding ticket 7/2020 for 75 - 55.

Attended Traffic School on 1/28. What are my options and what can I do to avoid points taken off and can I appeal it.. IL resident and violation happened in IL

Would I be violating the court supervision I received when I went to traffic school on Jan, 28, since I received a ticket a ticket... Read more »

David J. Winer
David J. Winer answered on Jul 18, 2020

Legally you are permitted Court Supervision two times in 12 months. it is up to the Judge to permit the second one and I would hire a Traffic Law attorney in that county to assist you with the second ticket as they will certainly assist in getting Court Supervision in the second ticket

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4 Answers | Asked in Traffic Tickets for Illinois on
Q: I recieved a ticket last night going 85 in a 55 with 3 friends in the car and I’m only 16 what would most likely happen
David J. Winer
David J. Winer answered on Jul 18, 2020

You are charged with a Class B misdemeanor. Especially with too many passengers I would hire attorney in that area where the courthouse is located. Be careful, because if this is handled incorrectly it may be put on your permanent record and possibly lead to a future suspension.

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5 Answers | Asked in Traffic Tickets for Illinois on
Q: 16, got a speeding ticket for 30 above. First offense, chances of suspension in IL?

I'm 16 and It was 2am, and I was going 60 in a 30, there was no one else on the road. got a ticket for past curfew and paid it, my court date is tomorrow. What are my chances of getting my license suspended vs getting supervision?

David J. Winer
David J. Winer answered on Jul 18, 2020

This is considered a "criminal" charge as Class B Misdemeanor. You should hire a local lawyer.

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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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