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Questions Answered by David J. Winer
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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4 Answers | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Illinois on
Q: When reducing an aggaravated speed violation to petty offense with supervision 4 month, is there a criminal record .....

When reducing an aggaravated speed violation to petty offense with supervision 4 month, is there a criminal record and does this violation affect the immigration status, knowing that I am waiting for an application for permanent residence

David J. Winer
David J. Winer answered on May 2, 2020

it is not a criminal charge if reduced to a petty offense and shuold not have any effect onm your immigration status. If you have an Immigration lawyer you shuld double check with him, but in my expereice a petty offense speeding ticket never effected an immigration application or status. It... Read more »

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: Should I take traffic school or request supervision on my third moving violation ticket?

I have now received my 3rd speeding ticket within 1 year. Should I plead guilty and apply for traffic school or try to request a court supervision? Will traffic school dismiss the third ticket?

David J. Winer
David J. Winer answered on May 2, 2020

I would definetly go to court and hiring a lawyer in your county. If you have two convictions (as opposed to Supervision) from the other two tickets a 3rd one can lead to a suspension. If you have a CDL it gets worse

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4 Answers | Asked in Criminal Law and Domestic Violence for Illinois on
Q: I was attacked in my house by a relative, what options do I have ?
David J. Winer
David J. Winer answered on Apr 28, 2020

You need to call the police and lodge a complaint. If you have any photos, witnesses or any other evidence provide it to them.

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4 Answers | Asked in Criminal Law for Illinois on
Q: Do i need representation for my husband who is held for criminal tresspass and possession of stolen property.

He is held on $50000 bond. Was at a place we had visisted many times in recent weeks and had no idea the item was stolen

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

Yes, since those are jailable offenses under the law he requires an attorney. Either hire a private defense lawyer located in your area or if eligible request a Public Defender if he is indigent

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4 Answers | Asked in Traffic Tickets for Illinois on
Q: So is there any way i can request an extension, or what do i need to say/do so i dont get these tickets on my record?
David J. Winer
David J. Winer answered on Apr 28, 2020

Only the Judge can provide an extension. You must ask the Court Clerk when you can bring the case back in court and then ask the Judge.

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: What happens if a court supervision class is not done and what can i do so the tickets do not go on my record?

I have gotten 2 tickets, i had to do one online class and one class in person, i missed my in person class and failed to re register for another and for the online class i failed to complete it.

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

If the timeline to have the class done has passed you have to Motion the case back in court and ask the Judge to vacate the conviction and reinstate the Supervision. That will remvie the conviction from your record. You should have the class done beforehand and provide proof of completion to the... Read more »

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3 Answers | Asked in Criminal Law and Immigration Law for Illinois on
Q: Does misdemeanor affect pending asylum request, and this misdemeanor increases in aggravated speed

If plea gulity occurs in another question like obtstruct drive view 1st and 2 second, will the second offense still affect the immigration status?

David J. Winer
David J. Winer answered on Apr 12, 2020

A normal petty offense speeding ticket will not effect an asylum case. If you are charged with a misdemeanor Aggravated Speeding ticket I suggest that you talk with your Immigrants lawyer or representative.

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4 Answers | Asked in Traffic Tickets for Illinois on
Q: I have a hearing to get my license back and I'm on supervision do I admit to supervision or can I say no I have not been
David J. Winer
David J. Winer answered on Sep 10, 2019

If you are having a hearing or getting your license with the Secretary of State you should advise them that you are on Supervison and when completing the forms state it also.

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: I am driving in Chicago as a student on my Country’s license . I have been issued a ticket for invalid license .

Is it a valid ticket and will I be charged in the court for invalid license. Rule book says otherwise .

David J. Winer
David J. Winer answered on Sep 9, 2019

There is a type of license in Illinois called the TVDL which would allow you to drive here. I suggest that go to

www.Cyberdriveillinois.com the official Illinois DMV website to look into the requirements. In the meantime, you should hire a traffic defense lawyer to deal with the pending...
Read more »

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: I have a CDL and got a speeding ticket over 18

I have a CDL and I was pulled over for for a speeding ticket at 18 over.... instead of paying the ticket worried that it would go to my driving record I requested to plead not guilty and go to court in front of a judge not a jury. I drive for a school district and if convicted I could loose my job.... Read more »

David J. Winer
David J. Winer answered on Sep 9, 2019

I would certainly hire a traffic lawyer from the county where the ticket is from. With a CDL you have to be very careful as they are logged on your drivign record much differently than an non-CDL driver. Hopefully the lawyer can have the ticket amended to reduce the penalty.

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: I got 2 moving violations in Arkansas and 1 in illonois in the past 30 days I live in illonois.

will il find out about the 2 Arkansas tickets and suspend my license?

David J. Winer
David J. Winer answered on Mar 3, 2019

I would hire an attorney for the Illinois ticket. If you have three convictions on your record you will get suspended if you are over 21 years old. Make sure whether the Arkansas tickets are logged in on your Illinois record becasue they will count

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: I got a speeding ticket back in 2017. I went to the courthouse and paid the ticket and asked for court supervision.

I paid the additional costs for court supervision and they said I would have to attend a class and they would send out a schedual which I never got and now the ticket is on my record. Is there anything I can do to get it removed

David J. Winer
David J. Winer answered on Mar 3, 2019

A Motion to Vacate must be filed with the court to bring the case back to court. You can explain the situation to the Judge and ask that the Court Supervision be reinstated and the permanent conviction be removed. You wil have to get the trafic school done. it would be wise to do it before the... Read more »

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2 Answers | Asked in Criminal Law for Illinois on
Q: Can I obtain a copy of my Drivers License in Illinois at the DMV if I have a bench warrant in Indiana
David J. Winer
David J. Winer answered on Feb 21, 2019

You can go to a DMV with ID and $120.00 to obtain a driving abstract or go to Cyberdriveillinois.com and search the Illinois DMV website on how to order one by mail A warrant in Indiana will have no effect

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