Steven H. Fagan's Answers

Can the police trespass onto private property and give a failure to display city sticker citation

In my opinion, there is a legal basis for challenging such a violation. For instance, there is no way for the ticketing officer to tell whether the vehicle is even capable of operation, unlike a vehicle which is parked on a public highway. The real question is whether the ticket, which is a non-moving violation involving a fine only is worth fighting about. Hiring an attorney to fight a fine only ticket that won't in any way affect your driving record sounds like a bad deal to me. If you fear...

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If I am already on court supervision in Illinois and get another speeding ticket, what happens to my license?

Court supervision is not a conviction. As long as it stays that way, your driver's license is not in jeopardy simply because you received another ticket. However, you should consider retaining the services of an attorney. These things have a way of compounding quickly. For instance, it is possible the second ticket might cause a revocation of the supervision in the first case, and if convicted in the second case you will then either be suspended (if you are under 21) or be in a position for...

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Right turn at red light -- Ticket in Chicago, IL -- Any way to contest this?

Before you go contesting these, especially if you're thinking of hiring an attorney to do so, take a careful look at the documents you were sent. Based on your description, it sounds like you're talking about an administrative ticket from the City of Chicago. If the documents indicate you must pay a fine to the City of Chicago Department of Revenue, I'd advise simply paying it, as it will not in any way affect your driving record or insurance.

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My daughter was caught shoplifting?

You should pay the $350. Illinois statute allows the store to collect a statutory amount plus attorneys fees. If you don't pay, they'll eventually make you.

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How long after sealed petitions are granted can you expect to your records to reflect clearance?

You can check the records at the courthouse. However, there is more to the process of sealing that merely dealing with the Court. Once a court order is issued granting your petition, that order must be transmitted to the Illinois State Police Bureau of Identification and the arresting police department. They will then review the order and give it effect. Once this is done, they should notify you the process is complete. If you haven't begun the process, while it is possible to pursue the...

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18 months into a 2 year DUI supervision. How will it show on background check for emplyment?

Supervision is not a conviction, and after successful termination of the supervision period, the DUI will not appear on your publicly viewable driving record (as opposed to your "Court Purposes Driving Record" to which access is limited). However, a criminal background search can and most likely will reveal the DUI. You can explain to a potential employer the distinction between a conviction and a supervision (and I recommend showing them the statute, which you can obtain at your local library...

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3rd dui....first 2 dui'd were 20 yrs ago .....blew .088.....if found guilty what will happen?

You face felony charges and should consult with a knowledgeable Illinois DUI defense attorney immediately. A third offense DUI is (in the lowest possible felony charge available) punishable by 1-3 years in prison and up to a $25,000 fine plus costs. Your breath test is near the legal limit, and as such, you'll need a skilled attorney well-versed in DUI enforcement and the science behind breath testing to give you your best chance at winning. My websites are referenced below.

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If I was convicted in chicago and received one year felony probation for marijuana and I move to cali will I have a warrant?

Assuming for the moment that nothing has really gone wrong with your probation to date, why not go in with the assistance of an attorney and ask permission? Depending on where you are in the term of your probation, the possibilities run from early termination to transfer of the probation to California altogether. If you've invested any time, money and effort thus far in your probation, why blow it?

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Misdemeanor with court supervision is it a conviction when court supervision completed

You are correct that supervision is, by law, not a conviction. You should do three things - 1) obtain a certified copy of the disposition from the court, 2) obtain a copy (your local library should be able to produce this) of the relevant statute- the cite is 730 ILCS 5/5-1-21, and 3) contact a good labor employment attorney if the employer won't take a second look. Good luck.

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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

As others have indicated, the primary question is whether the noise violation was the officer's basis for initiating the traffic stop. If so, your phone bill will become important indeed. Steven H. Fagan Fagan, Fagan & Davis 1-888-DUI-Stop

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