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So is there a way to petition to get the summary suspension &/or JDP off of SOS abstract? If so, how do I go about it? Thanks
Cont'd from previous posting. Thanks!
What appears on the abstract and for how long is governed by law and SOS procedures. A judge cannot change it. An SSS...
I had a DUI expunged in Illinois and it has been removed via ISP and @ Dist 5 courthouse. Will this be rem'd from my driv record
DUI case was determined SOL by the courts
It should be, although the statutory summary suspension will remain if that wasn't dealt with.
2 dui convictions within 1 year...Will i be eligible for an RDP? and would I have to drive on it for my whole revocation period
On my 1st dui I received supervision...but I violated it when I received my 2nd one within the year...so it counts as 2 convictions on my record...I am only 24 and I have learned my lesson...I really need to drive because I am in school and have a job...Is there any way I am eligible for any kind of driving permit...and would I have to have an RDP my whole 5 year revocation period?
You will be revoked for five years. During the first year after the second revocation, you cannot apply for an RDP....
Should I get a second opinion on my DUI case?
I know all of the advice on here is just to hire an attorney and listen to them. I have done that but is it good to get a second opinion before entering a plea? Here are the relevant facts: Pulled over for speeding., cooperated with cop, took 3 standardized field sobriety tests. According to the cops written report and the video I passed (with no clues) both the walk and turn test and the one-leg stand test. But he says I failed the HGN test, he then gave me a PBT and I failed, went to the station and blew a .1. My lawyer has advised me to plea guilty and get court supervision. I trust him so I am likely going to listen but its just a tough pill to swallow, the punishment doesn't fit the crime. Is it worth it to have a summary suspension hearing even if you will likely loose?
I see your question more as a general question which is should you seek a second opinion for anything (medical, legal,...
What is the likely punishment of being convicted in Illinois of first time DUI? What does revocation entail?
I am wondering about actually being convicted after being found guilty at trial, not court supervision. I know all situations are different but I'm looking for a rough estimate (no crash, .11 BAC, cooperative, no child in car, first time offender, previously perfect driving record, rarely ever drink). Does a revocation mean you cannot drive at all even with an MDDP/BAIID? Would a one year revocation start at the time of the sentencing, or at the time of the start of the summary suspension? It seems like the revocation is the biggest difference between court supervision and a conviction, is this accurate? If you believed that one of your clients had a 50/50 chance at trial, would you advise them to accept supervision?
Potential of 364 days and or a fine of $2500. Jail not likely for a first offense unless there are bad facts. You may...
Does a Cop have to prove that I was speeding?
I was pulled over for speeding asked to exit my car and preform field sobriety tests. I am 99.9 % sure he did not Lidar me speeding like he says he did, but It seems like it would just be his word vs mine. He followed me for 5 miles, I saw him following me and was purposely not speeding. According to the officers sworn report I passed both the walk and turn test (1 clue) and the one leg stand test (0 clues) but failed the HGN test and I took a portable breath test and blew .11. Since I took the portable breath test, he had probable cause to arrest me so I can't really challenge that. .
The police officer will testify what he saw and observed. When (if) you testify your testimony will be tainted by the...
How long does it usually take to receive the confirmation of summary suspension in Illinois? What if you never receive it?
I was arrested for DUI by an Illinois state trooper. It has been a few weeks and I still haven't gotten the confirmation of summary suspension. I am hoping the trooper does not file the summary suspension with the secretary of state or they somehow make a administrative mistake and do not suspend my license. My lawyer has advised me not to file a petition to rescind until after my first court date because he thinks its possible that he will be able to retain the video of my arrest and use the video to my advantage during the summary suspension hearing. I am starting to think this is a bad idea because it seems doubtful that they would give me a hearing withing 30 days unless they do it at my first court date. Is there any advantage to not filing the petition right away?
it usually takes 12 days from the day you were arrested and if you never receive one you may get lucky and never be...