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Scott Andrew Wineberg's Answers
- 529 Legal Answers
- 4 Legal Guides
4
Attorney answers:
Sentence modifications for DUI In illinois,
Although you have only 30 days to ask to "reconsider" a sentence from the date of its imposition for purposes of preserving a sentencing issue for appeal, the terms of probation can be modified anytime. See 730 ILCS 5/5-6-4(f): "The conditions of probation, of conditional discharge, of supervision, or of a sentence of county impact incarceration may be modified by the court on motion of the supervising agency or on its own motion or at the request of the offender after notice and a hearing."...
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3
Attorney answers:
Really high speeding ticket, do I fight it?
There is no Illinois "speeding" violation that is a felony. Going 40+ over is a Class A misdemeanor. If, on the other hand, you could have been charged with aggravated fleeing and attempting to elude the officer, that's a Class 4 felony on a first violation, Class 3 on any subsequent arrest for the same. A conviction on agg F & AE will result in automatic revocation of your driving privileges. You need an attorney BEFORE your court date to help you on this one.
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2
Attorney answers:
Will i lose my license?
You might not lose your license if all of your earlier tickets resulted in court supervision and this would be the first one ending in a conviction but it might depend on how fast you were going relative to the speed limit in your earlier speeding cases. The Secretary of State has broad discretion to suspend the driving privileges of someone who abuses those privileges. You are charged with a class B misdemeanor and could go to jail for up to 6 months, pay large fines and court costs, and...
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2
Attorney answers:
Is it illegal to serve alcohol at home to someone who is under 21 (legal drinking age)?
AS PER USUAL, MR. BRINKMEIER IS WRONG!!! Here is the statute. Look at subsection (g): (235 ILCS 5/6‑20) (from Ch. 43, par. 134a) Sec. 6‑20. Transfer, possession, and consumption of alcoholic liquor; restrictions. (a) Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase, or accept a gift of such alcoholic liquor or have such alcoholic liquor in his possession. (b) If a licensee or his or her agents or...
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2
Attorney answers:
Can a potential employer learn of a sealed criminal record?
A 16-year-old may be charged with disorderly conduct either by petition into juvenile court (State charge)or by non-traffic citation into branch court (ordinance violation). Juvenile court records do not automatically "seal" though they do remain confidential. Only certain professions (military, law enforcement, courts) are entitled to access a juvenile arrest and court record. On the other hand, ordinance violations are public records and can be viewed by anyone. Juvenile court cases do...
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3
Attorney answers:
Will I go to jail, lose licensce if I can't afford to get SR22? I don't even drive anymore. Should not have done crt supe? (IL)
Accepting supervision for the no insurance ticket was not wrong since you did not have a defense being that there was no insurance on the date of that traffic stop. With respect to your recent ticket, showing up with proof of the car's coverage for the the date in question should get this ticket dismissed. If your license has been suspended by the Secretary of State for financial or safety responsibility, the only way to remove that suspension is by demonstrating compliance, jumping through...
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2
Attorney answers:
Can a public defender ask the tate to offer more time than what was going to be offered? is this legal?
Defense attorneys, and I mean public defenders, too, are not in the practice of selling out their clients, betraying their confidences, or otherwise acting contrary to the client's express wishes. Did you hear the lawyer correctly and the conversation in its entirety? Is it possible that the public defender was negotiating a higher term to get the prosecutor to drop the charge down to a lower class, or to an offense for which truth-in-sentencing wouldn't apply? For example 6 years at 50% on...
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3
Attorney answers:
Im 21 years old and have just received my first speeding ticket. Will i get supervision and if so what does this entail?
You are almost assured of receiving court supervision, which can be anywhere from a couple of months to 6 months on average. If you are already 21 and not about to be 21 you probably will not have to go to driving school. Your license will be fine and this ticket will not haunt you.
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3
Attorney answers:
I have been found guilty of leaving the scene of property damage and D.U.I. Both Class A Misdermeanors.
I can think of no reason for the charges to be upgraded BUT I'm not entirely convinced they cannot be. I don't know of any case law squarely dealing with this subject. However, the U.S. Supreme Court's Apprendi decision says that priors may be used to increase the penalty for an offense but do not thereby become elements of the offense that would have to be proven during the trial beyond a reasonable doubt. In other words, whether you were charged with a misdemeanor or a felony, the only...
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2
Attorney answers:
Speeding ticket during supervision
The point up to which your supervision could be violated begins on the day your supervision began (court). You say "January" it began so sometime this month it will end (if you have paid everything and done any traffic school you may have had to do). If your court appearance is in Lake County, I'm pretty sure the cop will be there. Even if s/he doesn't show at this hearing, if you plead "not guilty" you will be given a new court date to return for trial. Pretty sure the cop will be there...
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