Vijay Ratan Sharma’s Answers

Vijay Ratan Sharma

Skokie DUI / DWI Attorney.

Contributor Level 11
  1. Why does law enforcement resent the idea of restorative justice? what are their views?

    Answered about 2 years ago.

    1. Judy A. Goldstein
    2. Vijay Ratan Sharma
    3. Brendan William Caver
    3 lawyer answers

    First the Short answer: they don't. They've made major strides in the last 30 years. Second: we're not here to answer term paper questions. I gave my students a similar question when I was teaching corrections.

  2. Will I get drug tested when I go to turn in my community service papers. I was charged with poss of paraphernalia.

    Answered about 2 years ago.

    1. Melissa I. Smejkal
    2. Vijay Ratan Sharma
    2 lawyer answers

    It's possible, but I doubt it. When my clients asked me, I always tell them to assume they'll be tested. Even as an attorney it's very hard to defend against testing for illegal drugs. You're not allowed to have it in your system as it is. Without knowing more, I would urge caution until you know otherwise.

  3. If someone is on 2yr court supervision, can they move out of state if on her papers from the judge, it is not marked

    Answered over 2 years ago.

    1. Ted Harvatin
    2. Judy A. Goldstein
    3. Vijay Ratan Sharma
    4. Melissa I. Smejkal
    4 lawyer answers

    The short answer is yes, if they jump through some hoops. Sentencing orders have standard conditions and special conditions. Even if it is not checked, someone will have to comply with the standard condition. It should be checked, but I can't think of a single judge that would cut slack on that issue. It's hard to supervise somebody if they're out-of-state. That is why you ask for permission to leave. In most instances a judge will be understanding if somebody has to leave for work or...

  4. Will I qualify for deferred action?

    Answered over 2 years ago.

    1. Ted Harvatin
    2. Judy A. Goldstein
    3. Daniel G. Galivan
    4. Vijay Ratan Sharma
    5. Christine C McCall
    5 lawyer answers

    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...

  5. I received 2 speeding tickets in the last month in IL (August 2012). Can I do traffic school for both tickets?

    Answered over 2 years ago.

    1. Charles Gregory Schierer
    2. Daniel G. Galivan
    3. Vijay Ratan Sharma
    3 lawyer answers

    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.

  6. Just got charged with a dui in il...im on probation in cali(i have a cali dl)..will the courts find out?

    Answered over 2 years ago.

    1. Donald John Ramsell
    2. Ted Harvatin
    3. Vijay Ratan Sharma
    4. Ryan M Belanger
    4 lawyer answers

    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)...

  7. Can police sit outside of a bar, watch people leave, and then get people for DUIs?

    Answered over 4 years ago.

    1. Donald John Ramsell
    2. Alan James Brinkmeier
    3. Vijay Ratan Sharma
    4. Theodore W. Robinson
    4 lawyer answers

    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

  8. I passed the field sobriety test and blew below the legal limit of 0.08. why did i still get a ticket for DUI?

    Answered over 4 years ago.

    1. Alan James Brinkmeier
    2. Vijay Ratan Sharma
    3. James R. Schimanski
    4. Wayne Rodgers Foote
    5. Thomas Carroll Blauvelt
    5 lawyer answers

    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...

  9. Shoul I plead guilty or not guilty?

    Answered over 4 years ago.

    1. Vijay Ratan Sharma
    2. Owen David Greenberg
    3. Ronald S. Pichlik
    3 lawyer answers

    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.

  10. 2 DUI's in Illinois case for expungement?

    Answered over 4 years ago.

    1. Alan James Brinkmeier
    2. Ted Harvatin
    3. Vijay Ratan Sharma
    3 lawyer answers

    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

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