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Questions Answered by David J. Winer
2 Answers | Asked in Traffic Tickets for Illinois on
Q: My wife was pull over in Venice Illinois, with a suspended license and improper registration. She was bonded out for

$150.00. The car was towed to Andy tow in Venice. The police department will no release the car because their stating you do not own the car so we are not going to release the car to you. We showed them the insurance, Bill of sale, and the Jimmy Kavadas car company even confirm the ownership of the... View More

David J. Winer
David J. Winer
answered on Feb 17, 2019

I highly suggest that you contact a traffic lawyer specifically in your area. I work only in Lake and Cook County only and am not familiar with your area. A local lawyer will be much more help

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4 Answers | Asked in Traffic Tickets and Criminal Law for Illinois on
Q: How long will my license be suspended? How can I avoid jail time and public record ?

I’m only 18 and I got a ticket for disobeying a stop sign dec 28 2018. I got another way a couple days ago For the same reason. I paid the first one off. Than I got a ticket for speeding 26 Mph -34 mph. The officer did not arrest me but made me sign some papers . I think it’s a individual bond.... View More

David J. Winer
David J. Winer
answered on Feb 17, 2019

Given your age and the amount of tickets the only tip I can offer is to contact a lawyer. FYI, for drivers under 21 years old two convictions in 24 months will lead to a suspension. The length of the suspension is determined on the type and severity of the tickets on your record. Also, the... View More

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1 Answer | Asked in DUI / DWI for Illinois on
Q: After completing the roadside sobriety test is the officer required to give you the option to take a chemical test or no

If he places you in cuffs and being transported for testing are you considered under arrest and in compliance

David J. Winer
David J. Winer
answered on Feb 14, 2019

The officer is only required to offer a breath or blood test once at the police station. But, first he must read you the "Warning to Motorist" form explaining the consequences of taking the test or refusing. On the road he is not required to offer any chemical testing.

3 Answers | Asked in DUI / DWI for Illinois on
Q: I had two DUI's the last was 8 years ago. What do I need to do to get my license back in Illinois
David J. Winer
David J. Winer
answered on Feb 3, 2019

You need to have an SOS hearing which is more complicated and involved. then people think. If you live out of state or in Northern Illinois you can call me for a free consultation. Getting your "Court Purpose" driving record from the Illinois DMV is critical to determine your options

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5 Answers | Asked in Traffic Tickets for Illinois on
Q: I got a 2 tickets for driving on expired plates and speeding 15-20 over posted speed limit.

The method of release on my tickets is mentioned as paying 2000 and 120 dollars respectively. My court appearance is scheduled for this coming Monday . I'm a student and couldn't pay those fines. How can i proceed further in the court without taking any attorney.

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

First try to get the correct documents to make your plates valid. If they are expired this should be rather easy as paying for the registration. If you cannt get it done by Monday ask the Judge for a continuance and bring the documents to the next court date.

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3 Answers | Asked in DUI / DWI for Illinois on
Q: I have two pending cases but the clerk of courts sent a guilty verdict to the State of Ill

The State has revoked my driving privileges because of this I'm being punished for something that is still pending.can I get my charges dismissed because of this.

David J. Winer
David J. Winer
answered on Jan 30, 2019

The conviction on your driving record may be due to you missing a court date and a Bond Forfeiture conviction being entered . You should contact a lawyer in your area to remedy the problem. He will need to check the court file and SOS to determine why this happened.

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2 Answers | Asked in Criminal Law for Illinois on
Q: If I were to pick up a client for rehabilitation from one state and transport them to another state

(several states away) while they are on the run from the law, what would be my penalty, if any?

David J. Winer
David J. Winer
answered on Jan 30, 2019

I would not do it. If you are stopped by the police for a traffic stop and they find our he is wanted you can be charged with Aiding a Fugitive. I would contact a lawyer in your area to get permission from a Judge

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: Can I get court supervision for a speeding traffic ticket without attending the driving course?

Speeding 15-20 over

David J. Winer
David J. Winer
answered on Jan 16, 2019

If you are older than 19 years old, dont have a bad record and go to court the Judge can grant Supervision without traffic school. You may also be able to mail in the ticket to request Court Supervision, pay the fine and then will have to complete the online four hour Traffic Safety School.

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1 Answer | Asked in Criminal Law and Juvenile Law for Illinois on
Q: 17 year old Year high school girl Got jumped inside the school by three girl the 17-year-old hit one of the girls with

Combination lock can parents press charges against 17 girl or go to jail

David J. Winer
David J. Winer
answered on Jan 13, 2019

This is a matter with the police and school officials who should make a decision decide whether any charges or school discipline is warranted in this situation

3 Answers | Asked in Traffic Tickets for Illinois on
Q: I received a ticket for electronic device. I was not using it. The office asked me if it was in my hand. Not witnessed

I have to appear in court. The police were called as none were present. If the officer doesn’t show will it be dismissed or can I fight it?

David J. Winer
David J. Winer
answered on Jan 13, 2019

It depends on what county the ticket was written. In Cook County the officer is obligated to be present on the first court date. In other county's you must first request a trial date to fight the case. Check what the rules are in the county where the ticket was written

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: I received a ticket for improper right turn. No officer was present another party called the police.

The other party claimed they had to drive over the median to avoid me. The only witnesses was the one who claimed I did this. They also said because they had to drive over the median they are hurt. What should I do? I have a court date on my ticket

David J. Winer
David J. Winer
answered on Jan 13, 2019

You should certainly appear on the court date on the ticket otherwise the Judge will order a judgment of conviction and place it on your permanent driving record. To contest the charges I would seriously consider hiring a Traffic Law attorney to assist you at trial, as the other person has a... View More

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2 Answers | Asked in Criminal Law and Health Care Law for Illinois on
Q: can I get in legal trouble for picking up Rx's that were called in by real doctors but they are questioning the number

They were called in for family but The scrips were actually call in from docs. They were not controlled substances and I was helping a friend who did not have a car. So if they are legit called in by a doctor why should I be in trouble. Plus the pharmacy gave them too me and never asked a... View More

David J. Winer
David J. Winer
answered on Dec 27, 2018

With the info provided it is impossible to determine why the police would investigate this situation. I am sure there

is more to it. I suggest that you contact a criminal defense attorney in the county where you live.

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2 Answers | Asked in Criminal Law and Federal Crimes for Illinois on
Q: how much time is a battery charge for a 14 year old ?
David J. Winer
David J. Winer
answered on Dec 18, 2018

It all depends on what courthouse and county the case is in, any possible injury suffered by the victim, any defense he must have. There are several variables that must first be known. I suggest contact an attorney in the county the case is at. if it is in Lake County you can contact our office.

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4 Answers | Asked in Traffic Tickets for Illinois on
Q: What would be the best way & proper way for a minor to ask for court supervision on a misdemeanor speeding ticket?
David J. Winer
David J. Winer
answered on Dec 17, 2018

A minor must be accompanied by a parent or guardian in court on a misdemeanor speeding ticket. I highly recommend obtaining an attorney in your area to accompany him in an effort to have the charge amended to a lower speed from a misdemeanor to a petty speeding ticket. It will help with insurance... View More

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4 Answers | Asked in Traffic Tickets for Illinois on
Q: My son is 14y/o . Took my car without permission. Got tickets Driving without license, curfew and illegal turn. What ca

Can I exprct

David J. Winer
David J. Winer
answered on Dec 16, 2018

There is no way of knowing, as every Judge and prosecutor are different. I would certainly hire a traffic attorney as these tickets can have a very negative effect upon his ability to get a license later, raise your insurance rates and impose some serious fines & court costs.

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5 Answers | Asked in Traffic Tickets for Illinois on
Q: Will I need the money for a traffic ticket (speeding) when I go to court, or can I pay it afterwards?
David J. Winer
David J. Winer
answered on Dec 16, 2018

You can pay afterwards, I have never seen a Judge make a person pay right there. Be aware that with a fine there are also court costs totalling a few hundred dollars

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3 Answers | Asked in DUI / DWI for Illinois on
Q: What types of steps are police officers allowed to take to confirm someone has been driving under the influence?
David J. Winer
David J. Winer
answered on Dec 15, 2018

Once an officer suspects you are drinking they will typically question you about drinking , try to get you to perform the field sobriety tests and take a portable breath You are not legally obligated to take these tests and can refuse. But every situation is different and there are no hard rules... View More

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