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answered on Dec 30, 2024
You can’t expunge DUI. Ever. You can apply to terminate the revocation and restore your driving privileges.
Our minor(17) son is currently living with a different guardian. We found out that he took responsibility for a single car crash where one of his friends left the scene(presumably alcohol related). The friend's father hired an attorney for our son. Aside from the fact that I believe this means... View More 
answered on Dec 5, 2024
No one asks who hired the lawyer. Either the person has one or, if jail is a possibility, one is appointed. If you want to object I suppose you can go to court and do so, but I would think you should talk to your kid's lawyer first.
Are all 3 points of argument criteria and requirements? Or is only one point of argument to be chosen and focused upon? And then how far do I go into detail in solidifying my argument? I mean if the entire arrest was unlawful and the officer literally did everything imaginable wrong as far as... View More
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answered on Dec 3, 2024
Although local practices can vary, in general, the petition itself is just a check the box exercise. Then you file a supporting legal memorandum as a separate document. In your case, it also sounds like you should also be filing a motion to suppress.
To be honest with you, the chances... View More
Friend of mine fell asleep at a stoplight. He was detained by police and given a breathalyzer test. The results were negative. The jail attempted to do a blood draw but either couldn't do it for lack of qualified staff or some öther reason. My friend then asked for a blood test at his own... View More
answered on Dec 2, 2024
This question should be posted for KY lawyers.................................................
Judge stop DA FROM DROPPING MY CASE SAID NO AND ASSIGNED ANOTHER DA CAUSE HE'S PREJUDICE
answered on Sep 25, 2024
No.
A presiding judge rules on the motions, evidence and merits, he does not “dismiss” a case. The judge may find a defendant not guilty (acquitted), but an outright case dismissal lies within the prosecution agency (either a district attorney’s office or state attorney’s office,... View More
I haven't had but driving on suspended since 1998 since I lost my license I don't drink anymore
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answered on Sep 7, 2024
I assume you are revoked. You must have a hearing with the Illi Secretary of State.
That requires obtaining a drug and alcohol evaluation, completing required classes and proving to the secretary at the hearing that you can be a safe and responsible driver, if given driving privileges.... View More
answered on Mar 20, 2024
State's attorney's are never great at returning calls. Their caseloads are just too high. Usually it is easier to catch them at court. Does your lawyer not work there regularly?
I was pulled over for running around a car at a stop sign. Was asked the common questions was I drinking or using drugs etc. I said no i only take sleeping aid medication and aderall in the mornings. I was just visiting my mother it was around 2:30pm in the afternoon.
I only did the... View More
answered on Mar 10, 2024
Yrs, those are reasons why someone might fail a field sobriety test. You need to hire a lawyer who specializes in duis immediately!
I have COPD,emphysema and bronchitis.
I was unable to satisfy the breathalyzer.
I was short of breath and wheezing.
I wanted to take my rescue inhaler to open up my airways but was denied.
During the interview, I openly and honestly admitted to having a drink... View More
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answered on Feb 13, 2024
Not sure what your question is. Secretary of State has a form for your physician to fill out to determine your breathing capacity. As far as what you were talking about with the interview I’m not sure what you mean and I’m not sure what that has to do with the breath machine but apparently you... View More
On rdp significant risk. There was no lockout period.
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answered on Feb 7, 2024
You will be found in violation of the program. Your next hearing will have to be a formal hearing. Your evaluator must address the violation and determine if you need additional treatment and/or need to be reclassified. The chances you will be reinstated are almost 0 and at most expect a permit.
I live in Illinois. Am required to have sr22 for dui. 2 years complete, 1 left. If I move to Indiana, do I have to start the 3 years over for indiana? I know I have to file in Illinois for the remaining year. Do I have to file sr22 with indiana also, and if so, would it be for 3 years with Indiana... View More
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answered on Dec 15, 2023
If you are surrendering your Illinois drivers license, Illinois loses jurisdiction. The question of what Indiana will require should be posed to an Indiana lawyer.
First time DUI, gun was out of view in center console, not locked.
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answered on Nov 29, 2023
Texas Driver's License Compact: Texas is a member of the Driver's License Compact, an agreement between states to share DUI information and enforce each other's DUI laws. This means that a DUI conviction in Illinois can be reported to Texas and may lead to penalties or restrictions on your Texas DL.
They want to drop it to a misdemeanor since my son was also drinking. He lost his leg, broke his neck, back and shattered his spleen.
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answered on Nov 12, 2023
Your question is unclear. I can’t tell who is being charged, you, your son, or someone else? I’m not even sure who was driving. But in any event, if someone is charged with drunk, driving in an accident in which someone suffers “great bodily harm“ it can be charged with a felony regardless... View More
So, basically, he went to jail once for not complying with the conditions of his probation. He was bonded out, and a petition to revoke probation was added to his case. He was told that it would be dropped if he completed these courses - he did not, and his case was continued twice. Well, at this... View More
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answered on Oct 28, 2023
Your boyfriend's situation is complex, and while he has now completed the class, the timing is not ideal. Judges often look for compliance with court orders and probation conditions. His failure to initially comply and the continuances could be seen negatively. However, completing the class... View More
They can't find any record or incident report for my case at all. No officer sworn report either.
Can I get my fine money back and reimbursed for my vehicle they auctioned off as well?
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answered on Sep 16, 2023
You pled guilty and paid the fines, so there is no want of prosecution. The state has fully prosecuted the case to a guilty plea and collected its fine. I am not seeing this as a viable course of action. If being ability to produce the documents is creating some other sort of hardship, you might... View More
Made illegal left turn from side street to 2 lane 1 way into the right lane. My son used his personal cellphone to call us. (Wasn't the officer.) Was read rights at police station with us present Except he read them then left the room before 20 minutes was up. Then came back into the room... View More
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answered on Jul 5, 2023
First off, they read him his rights once. Secondly, not reading your rights does not mean not guilty automatically, If Miranda is violated it only suppresses any statements made.
He was not charged with underage drinking, curfew, truancy, or running away. He was charged with a criminal... View More
Received charges in May 2022. Was parked in the parking lot using the car for shelter. Had no intentions of driving.
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answered on Apr 16, 2023
In Illinois, you either have to be driving or “in actual physical control” that generally means able to drive. You will not be able to address this question over the Internet while you are sitting at a computer in North Carolina. You should find a DUI lawyer in the county where you receive the... View More
He hasn’t lost his license yet. He got away with basically nothing from the first dui. Now that he has violated his probation and got another dui what would be expected might happen. This is in illinois.
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answered on Apr 11, 2023
He could very well end up with two convictions, particularly since they are in two different counties. If he only ends up with one conviction , his license will be revoked for a minimum of 12 months. If he receives to convictions, he will have to drive on a restrictive permit for five years with... View More
I got my first ticket in June of 2021… then I received another ticket in March of 2022 and I was on court supervision for 6months started in the end of March of 2022 and recently ended in September of 2022. I got 2 new tickets and one I got it for speeding and the other avoiding traffic… will I... View More
answered on Oct 10, 2022
Yes, you would be eligible for a second court supervision sentence in the state of Illinois. However, Illinois law states you cannot get supervision more than two times in a 12 month period. So make sure you are careful moving forward as you most likely would not be eligible again on any other... View More
Both of the DUIs occurred over 20 years ago and I completed all required treatment. I don’t drink and I would like to get my license back now that I have children and a new job that I need to be able to drive for. Does the fact that it was over 20 years ago have any impact.
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answered on Aug 5, 2022
The fact that is 20 years certainly does not hurt. The fact that you completed all your treatment may or may not be relevant, depending upon what your classification is and what you’re drinking and or drug use has been like since you’ve completed treatment.
At a minimum, you would have... View More
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