Eric T. Perry's Answers

How likely is receiving com. service vs. jail for dui in illinois?

First, take a deep breath. As you probably know, a finding of guilt on the DUI will result in a conviction, as you have used up the 1 supervision you are allowed for a DUI in Illinois. While a conviction doesn't necessarily mean jail time, it does result in a revocation of your driving privileges. However, you do have some positive things in your favor. You did not blow, thus there is no scientific evidence of your impairment, just an officer's observations. The PBT cannot be used as...

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I have a DUI in Illinois, all paperworks states I cannot leave the state? Can that be changed due to a job?

It is unclear whether your case has been disposed of or is pending. If disposed of and you are on supervision or probation you need to go back to the judge on a motion and ask the judge for a modification of the terms of your sentence. If the case is pending you need to ask the judge to modify the conditions of your bond so you may leave the state. Either way, those motions are usually granted.

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I have a DUI in Illinois, all paperworks states I cannot leave the state? Can that be changed due to a job?

It is unclear whether your case has been disposed of or is pending. If disposed of and you are on supervision or probation you need to go back to the judge on a motion and ask the judge for a modification of the terms of your sentence. If the case is pending you need to ask the judge to modify the conditions of your bond so you may leave the state. Either way, those motions are usually granted.

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What happens after 2nd dui?

It depends what happened on the first DUI. If he received supervision, he cannot receive it again so any finding of guilt will result in a license revocation. There is also the possibility of jail, high fines and costs and or community service. It is a serious matter so I strongly advise your brother to seek the counsel of an experienced attorney in his area. The consequences are much more severe then he faced for his first one.

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Court supervision versus conviction,,,,

Chances are pretty good that whether you get supervision, or you are convicted, you will need to get an evaluation and follow the recomendations of the evaluator. The big difference is that a conviction will revoke your license while supervision will not.

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First dui, revoked licennse and registration?

To expound upon the first answer, which is absolutely correct, if you are a first offender you are eligible for supervision, which will NOT revoke your license. You are subject to the summary suspension of your license, but at the conclusion of the suspension period you will pay a reinstatement fee and be able to drive if you recieve supervision. An experienced DUI attorney in your area will be able to advise you and help you determine whether the state can meet its burden to prove you guilty.

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Covicted of DUI and now eligible for relief. I have a revocation and a suspension.

It does depend greatly on your individual situation as to the steps necessary to seek reinstatement. Your local dmv office can advise you of your eligibily dates and the steps required. Your first step is to obtain a current drug and alcohol evaluation by a licensed facility and begin your treatment and education as recommended. If you are in Springfield, I strongly advise you to contact Attorney Ted Havartin, who is a frequent contributor to this site and well versed in reinstatement...

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What are the penalties for second DUI? How long will be the suspension of my driver's license?

A second DUI finding of guilt will result in the revocation of your drivers license as well as 5 days to a possible year in jail and $2,500 fine plus court costs. You are also subject to a 3 year summary suspension of your license. Find yourself an experienced lawyer that practices in your county as there are much more serious consequences now then for your first DUI. Good Luck! Eric T. Perry

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I have two homes, if I lose one to foreclosure can the bank pursue my other home

Unless both homes are collateral for the mortgage being foreclosed on, the other non-foreclosed home is not at risk with the following exception. Should you owe a deficiency to the lender after the foreclosure, the lender becomes a creditor and your house would be an asset to go after. Perhaps you could negotiate a deed in lieu, or short sale to protect your new home. I suggest you consult with an attorney in your area to discuss your options.

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Is it worth contesting a loud music ticket received in chicago, I was on a cell phone call at the time of my stop

I think the loud music ticket is the least of your worries however, if that was the basis of the officer stopping you in the first place, and you can show you were not playing loud music it may go towards probable cause for the stop. If the Court finds no probable cause for the stop, then the DUI and other tickets may fall. Hopefully you were using a hands free device while talking on your cell. If not, that would be another reason the officer would use to justify the stop. The much more...

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