Skokie DUI / DWI Attorney.
The 6-101 violation is driving without a valid drivers license. Do not assume the criminal justice system is as automated as the Post office. It truly is not. The ability to give deferred prosecution lies with the judge. The ability to dismiss the case lies with the prosecutor, it is called prosecutorial discretion. When I was a Cook County prosecutor, we had standing orders to never dismiss a driving without a valid license ticket. At minimum, we offered supervision, certain judges will...
Traffic school will kick you out for the second one. You can try to take one traffic school, but the better idea is to get an attorney to try to take on both cases. I've had this exact situation several times and we have had several combinations of what can happen, but I will tell you right now: traffic school will boot you out the minute they learn of the second one. They might let you do the first, but not the second.
I will try to answer this question with a little more detail than my learned colleagues. You’ve left out a lot of detail, so I am making certain assumptions that your California probation is based on a DUI also. Just like most of the other answerers, I am an Illinois practitioner and cannot accurately predict California as a native practitioner can. However I have taught criminal procedure and corrections at the upper-college level, which this question is a part of. One at a time: 1)...
The short answer is yes, police can sit outside bars whenever and for however long they like. But a person doesn't just "get" a DUI like a door prize. A person must show signs of intoxication. Police will watch for steady or unsteady movement and slurred speech, bloodshot and glassy eyes. If someone exhibits these signs then yes, the person may be arrested for a DUI if they got to a car. For more information, please call at 847-337-2716 or visit my web site at http://www.legaldaredevil.com
In Illinois, DUI is covered by 625 ILCS 5/11-501. 501(A)1 is a DUI when the state has a breath result over 0.08. 501(A)2 specifically covers a situation where the state does not have a breath result or they have a breath result under 0.08. In this case, the state will depend on erratic driving and failure of field sobriety tests to prove guilt. Because alcohol effects people differently, someone can be intoxicated without being legally drunk. So, on one hand it may be possible for...
I practice in this jurisdiction. You should NOT plead guilty on the first court date. You should ask for time to hire an attorney. You are in a situation where you may be suspended and a lawyer may possibly prevent that. This answer is for informational purposes only and does not form an attorney client relationship.
Attorney Harvatin is correct, a suspension will appear on your driver's history as well as the DUI. So even though you could try to expunge one, it may not serve a useful purpose. But the short answer would be, yes it should be expungeable. This answer is for informational purposes only and does not form an attorney client relationship
Counsel is correct that most felonies are not expungeable, though some are. Yours is not. A prosecutor may object on an expungement or sealing of your later record while you have the previous record, but it may be worth a shot depending on your facts and subseqent conduct. but it also depends what county you are in. This answer is for informational purposes only and does not form and attorney-client relationship
The following is not legal advice and is for informational purposes only: It may be possible to change your plea in certain situations. If you paid by mail and received a conviction, then many judge's will change it to a supervision if your record is not too bad. The best thing o do is contact an attorney in your county. This way not only are you educated on what is happening, the lawyer can also tell you about your options if you are suspended.
In Illinois a case must be prosecuted within 120 or 180 days. Any delays made by the Defendant or By Agreement of both are not counted toward that. Any State or Order of Court continuances are. The only way to conclusively answer your question is to see what the Judge has written on the file. Who THE JUDGE has attributed delays to is very important. Realize that you need to talk to an attorney and I am answering this question without knowing the context of the case. So do not take what I have...
