Get free answers to your DUI / DWI legal questions from lawyers in your area.
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 Theodore J. Harvatin](http://justatic.com/profile-images/1412266-1494438342-sl.jpg)
answered on Jan 30, 2020
Get a lawyer. By law you are entitled to refuse.
![Jason Michael Kunowski Jason Michael Kunowski](http://justatic.com/profile-images/1559771-1632512028-sl.jpeg)
answered on Jan 29, 2020
Possibly. Did you complete the other things you were required to do?
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 Theodore J. Harvatin](http://justatic.com/profile-images/1412266-1494438342-sl.jpg)
answered on Jan 22, 2020
No. The statute of limitations expired about 25 years ago.
![Theodore J. Harvatin Theodore J. Harvatin](http://justatic.com/profile-images/1412266-1494438342-sl.jpg)
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.
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 Theodore J. Harvatin](http://justatic.com/profile-images/1412266-1494438342-sl.jpg)
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.... View More
![Theodore J. Harvatin Theodore J. Harvatin](http://justatic.com/profile-images/1412266-1494438342-sl.jpg)
answered on Dec 28, 2019
Not necessarily. The legal standard is actual physical control. You will need a lawyer
I hired an attorney, paid the fine, paid for and attended the classes, and Missouri is saying they have no proof. Well neither do I after nearly a quarter of a century. My license in Illinois expires in April. I've spoken to Jefferson City who referred me to Satop. They told me I have to... View More
![Theodore J. Harvatin Theodore J. Harvatin](http://justatic.com/profile-images/1412266-1494438342-sl.jpg)
answered on Dec 22, 2019
Just what they told you. Illinois won’t clear you until MO is satisfied. Period. No way around it.
Prosecutor? Mine happened on private property and my attorney is reluctant to file the petition to rescind SSS because he says the don't all get sent. I dont agree nor believe that. I'm going to fire him and I just hired him.
![Theodore J. Harvatin Theodore J. Harvatin](http://justatic.com/profile-images/1412266-1494438342-sl.jpg)
answered on Aug 22, 2019
It’s the police officer’s job. If the SSS has not been sent in there is nothing to rescind. Let him do his job.
I got a DUI a couple months back, and the judge gave me a plea deal which would make my charge a misdemeanor. Whenever I got the DUI, I didn’t have my license at the time. I did not know that I had to have a clean drug test to the court before a month in advanced, and there was still marijuana in... View More
![Theodore J. Harvatin Theodore J. Harvatin](http://justatic.com/profile-images/1412266-1494438342-sl.jpg)
answered on Aug 8, 2019
The judge does not make charging decisions or downgrade or upgrade charges. That is up to the prosecutor. Since it sounds like you violated the terms of the plea, all bets are off. They can if they wish upgrade it but are not required to do so. You should find a private lawyer or if you cannot... View More
I received a DUI the state of Missouri, Summer of 2016. It resulted in my license being suspended and having to complete a SATOP program. I’m now a Illinois resident and am looking to getting my license here.
![Theodore J. Harvatin Theodore J. Harvatin](http://justatic.com/profile-images/1412266-1494438342-sl.jpg)
answered on Mar 21, 2019
When you apply, Illinois will check the national registry. Most likely you will be listed as “not eligible“ in Missouri due to not completing the required courses. If that happens, Illinois will not license you.
They said as long as I did not get arrested again i wouldn't have to. I did not but I got only 1 ticket for a red light from a camera and the letter from the court house says as long as I had no citations.... so do I have to show up in april??
![Theodore J. Harvatin Theodore J. Harvatin](http://justatic.com/profile-images/1412266-1494438342-sl.jpg)
answered on Mar 5, 2019
Those are like expensive parking tickets. Not a moving violation and I doubt the prosecutor in your supervision case will even be aware of it and or care. If they do, they have to file papers and notify you.
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](http://justatic.com/profile-images/372068-1444793396-sl.jpg)
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.
![Theodore J. Harvatin Theodore J. Harvatin](http://justatic.com/profile-images/1412266-1494438342-sl.jpg)
answered on Feb 3, 2019
You will need a hearing with the Secretary of State after obtaining the necessary documentation, including a drug/alcohol evaluation and any recommendations for follow up. This is an oversimplification of a complicated process.
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.
![Theodore J. Harvatin Theodore J. Harvatin](http://justatic.com/profile-images/1412266-1494438342-sl.jpg)
answered on Jan 29, 2019
No But you can get the convictions removed for now by notifying the clerk of the error.
![Theodore J. Harvatin Theodore J. Harvatin](http://justatic.com/profile-images/1412266-1494438342-sl.jpg)
answered on Dec 1, 2018
There are over a dozen ways it can be a felony. Assuming it’s not a felony it is a class A misdemeanor.
A conviction carries a penalty of up to 364 days in jail and or a fine of up to $2500. Your driver’s license would be revoked and you would have to wait a year to petition the... View More
![Theodore J. Harvatin Theodore J. Harvatin](http://justatic.com/profile-images/1412266-1494438342-sl.jpg)
answered on Nov 16, 2018
Highly unlikely without knowledge. You are not responsible for your kids' crimes in this situation if it's as you say it is.
![T. J. Jesky T. J. Jesky](http://justatic.com/profile-images/1530652-1536081909-sl.jpg)
answered on Nov 2, 2018
There are a number of factors that need to be considered. Under the theory of negligent entrustment of a motor vehicle, if the parents knew or should have known that their minor child was incompetent, reckless or unfit to operate a motor vehicle when they allowed him to drive it, they would be... View More
![Theodore J. Harvatin Theodore J. Harvatin](http://justatic.com/profile-images/1412266-1494438342-sl.jpg)
answered on Oct 18, 2018
Yes but it is much harder than attacking blood test results provided it was properly administered.
![Juan Ooink Juan Ooink](http://justatic.com/profile-images/1484049-1495579484-sl.jpg)
answered on Oct 2, 2018
The best thing you could do is hire a criminal defense attorney. Hire one right away.
![Theodore J. Harvatin Theodore J. Harvatin](http://justatic.com/profile-images/1412266-1494438342-sl.jpg)
answered on Sep 19, 2018
Nothing. Illinois law does not have any provision for taking action against a license due to an out of country DUI
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