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Illinois DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for Illinois on
Q: I got pulled over with a bac of .19 103 on a 50 and a swerving citation. Can I get court supervision?

I was heading to a park to park for safety and sleep it off, it’s my first offense and have no other record besides paying a open vodka bottle citation two weeks back. I’m 21

Theodore J. Harvatin
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answered on Oct 24, 2020

You are legally eligible for supervision. If you can, you should have a lawyer to increase the chances you will receive supervision and also negotiate the best outcome possible.

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1 Answer | Asked in DUI / DWI for Illinois on
Q: Could my charges be upgraded?

I got a first offense DUI. Blew close to 3x over the limit and got into an accident. No one was hurt and I was charged with a misdemeanor. A month later, the person I hit filed a personal injury claim. Does this mean my misdemeanor be upgraded to a felony?

Juan Ooink
Juan Ooink
answered on Oct 23, 2020

The Personal Injury law suit is not going to cause your DUI to be upgraded. If you did not have valid insurance or a valid driver's license at the time, it could be upgraded to a Felony offense. This is something you should be discussing with your attorney. If you have not hired an attorney... View More

2 Answers | Asked in DUI / DWI for Illinois on
Q: What happens if you violate a term of unsupervised probation for a dwi
Theodore J. Harvatin
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answered on Sep 30, 2020

Anything from extending it to revoking it and jail.

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2 Answers | Asked in Traffic Tickets and DUI / DWI for Illinois on
Q: I have 5,500 and $5 and unpaid tickets in Kansas I do not have the money to pay them tickets and I would like to know ho

This is in Kansas Wichita Kansas to be exact

Juan Ooink
Juan Ooink
answered on Sep 30, 2020

You need to discuss this with a Wichita, Kansas, attorney. The sooner you do this, the better.

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2 Answers | Asked in DUI / DWI and Car Accidents for Illinois on
Q: If I hire a lawyer to defend me in a case, what do I do if the attorney has done little to nothing for me. Pdf 2000$
Juan Ooink
Juan Ooink
answered on Sep 21, 2020

If you are not happy with your attorney, you should hire a new attorney. The sooner you hire another attorney, the better. Make sure to tell your potential new attorney, what issues you had with your last attorney so the same issues do not come up.

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1 Answer | Asked in DUI / DWI for Illinois on
Q: I receive a called about unpaid fees for supervision,this is almost 6 months after my court appearance,is this posible?

I successfully completed my court ordered alcohol program,and before that my case worker never mention a due balance to me not even on the last day we saw each other.

Juan Ooink
Juan Ooink
answered on Sep 15, 2020

This is very simple to verify. Contact the Circuit Court Clerk in the County where you case was and ask them if you owe any fees. The Clerk will be able to check their system and tell you what is owed.

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... View 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... View More

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4 Answers | Asked in DUI / DWI for Illinois on
Q: If i get pulled over lets say for expired tags and i have had a drink or two can I invok 5th amendment rights immediatel
Theodore J. Harvatin
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answered on Apr 12, 2020

You are not required to answer any questions but you cannot resist arrest.

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3 Answers | Asked in DUI / DWI and Traffic Tickets for Illinois on
Q: If proven that I was only going 3 mph over the limit rather than 8 due to where the sign is, can I get a dismissal?

And if dismissed, could I get the related dui charge dropped?

Juan Ooink
Juan Ooink
answered on Mar 10, 2020

No, speeding is speeding. You really should hire an attorney to assist you. DUI is not something you can handle on your own. Hire an attorney now.

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2 Answers | Asked in DUI / DWI for Illinois on
Q: I have been waiting on dui blood results for 8 months and my case keeps getting continued in North Carolina

I did not blow but blood was taken

Brandon K. Davis
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Brandon K. Davis
answered on Feb 26, 2020

It would be best for you to speak with your attorney in North Carolina who should be able to explain the delay and options at this point. As the case in pending in North Carolina, you may want to submit this question under NC rather than IL to receive responses from attorneys licensed in that state.

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2 Answers | Asked in DUI / DWI for Illinois on
Q: If I missed my pay or appear date for a DUI, then I went to jail for it, can I avoid going to jail for contempt?

I already had a warrant and went to jail. Now I have to go to court for contempt. I paid my bond to get out until my court date. I also paid an extra $50 towards my fine directly after I got out of jail. What else can I do to stay out of jail?

Juan Ooink
Juan Ooink
answered on Feb 23, 2020

Call the attorney that assisted you with the DUI. If you had a Public Defender, you can try contacting them. You really should hire an attorney to appear in court with you to increase your chances of staying out of jail. The sooner you hire an attorney, the better.

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2 Answers | Asked in DUI / DWI for Illinois on
Q: I did a dui evaluation without it being court ordered does my paperwork go striaght to the courts
Brandon K. Davis
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Brandon K. Davis
answered on Feb 18, 2020

It depends on the agency where it was completed. If it is the designated agency for the specific county where your DUI is pending, it should be sent directly to court. For example, if it was Central States Institute in Cook County, they will send a copy directly to the courtroom on your next court... View More

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2 Answers | Asked in DUI / DWI for Illinois on
Q: I had a dui 19 years ago in illinois .I did all my things i needed to do exept see a hearing officer.what to do now 2 gb

I lost my paper work for the case

Theodore J. Harvatin
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answered on Feb 17, 2020

Some of the paperwork can be created or another agency can do it instead. You will need to have an administrative hearing with the secretary of state. I recommend that you contact Attorney Larry Davis for drivers license reinstatement in your geographic area

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3 Answers | Asked in DUI / DWI for Illinois on
Q: How long does a substance abuse/dui evaluation stay good. I had one 8 months ago and haven't started classes yet.

Will I need to have another evaluation done?

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answered on Feb 4, 2020

If you are asking about an evaluation for a SOS hearing, it's six months. You want to do your classes first not only to make sure your update is current but also to incorporate any new information after completing classes.

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3 Answers | Asked in DUI / DWI for Illinois on
Q: I refused a chemical test for a DUI stop. Now I have an obstruction of justice charge. What do I do?

I was pulled over for speeding about a half a mile from my house. I was trying to get home to use the bathroom. When I pulled into my driveway the officer said he smelled alcohol and that I appeared under the influence. I was placed under arrest. I refused a breathalyzer and a FST. I was taken into... View More

Theodore J. Harvatin
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answered on Jan 30, 2020

Get a lawyer. By law you are entitled to refuse.

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3 Answers | Asked in DUI / DWI for Illinois on
Q: i still owe $2100 for court costs and fines This is due by 4/20 Can I get an extension to pay?
Jason Michael Kunowski
Jason Michael Kunowski
answered on Jan 29, 2020

Possibly. Did you complete the other things you were required to do?

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1 Answer | Asked in DUI / DWI and Personal Injury for Illinois on
Q: my sister was killed by a 22 year old drunk driver over 27 beers in one court report.july 4 1983 can I sue

His name is Charles kerr from tampa and I would like to sue him-not his parents etc I just want him to see how it is not to have a life. My sister was an 18 year old homecoming queen and then she was killed.

Theodore J. Harvatin
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answered on Jan 22, 2020

No. The statute of limitations expired about 25 years ago.

3 Answers | Asked in Gov & Administrative Law, Government Contracts, Traffic Tickets and DUI / DWI for Illinois on
Q: My license has been revoked for over 10 years. I was caught driving a month ago. Can I get a license again in Illinois
Theodore J. Harvatin
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answered on Jan 21, 2020

Unless you have 4 or more convictions for DUI yes you can. First you have to resolve the driving while revoked ticket. Then you will have to have a hearing with the Illinois Secretary of State. There’s a long process to getting ready for that and you should consider retaining an attorney.

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2 Answers | Asked in DUI / DWI and Traffic Tickets for Illinois on
Q: What can I do in the case of me having a DUI, and I got a ticket after my conviction/pleaa?

I have a guilty plea with supervision until 05/30/2020, recorded on 05/29/2019. I was given a ticket for a headlight being out, and driving on a suspended. I had a lawyer but then took a position for the state and was unable to represent me anymore. He said something about paying a reinstatement... View More

Theodore J. Harvatin
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answered on Jan 9, 2020

You can always hire another lawyer.

It sounds as though you are suspended simply because you did not pay the $250 reinstatement fee; in other words, the time on your suspension has run. Paying the fee would, if that is correct, give you valid privileges which will may help with the ticket....
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4 Answers | Asked in DUI / DWI for Illinois on
Q: my bf was driving my car (I had drank) the transmission broke he went to get help I refused to blow got dui can I win ?
Theodore J. Harvatin
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answered on Dec 28, 2019

Not necessarily. The legal standard is actual physical control. You will need a lawyer

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