David J. Winer’s Answers

David J. Winer

Waukegan Criminal Defense Attorney.

Contributor Level 8
  1. How or can I transfer my DUI court proceedings to another state?

    Answered over 2 years ago.

    1. Omer Jaleel
    2. Ted Harvatin
    3. David J. Winer
    4. Richard Timothy Jones
    4 lawyer answers

    In order to obtain a transfer you must request it from the Judge. Every courthouse has different rules on transfering cases and you must see what the rules in the courthouse where your case was.

  2. IL license, WI OWI conviction.

    Answered over 2 years ago.

    1. Ted Harvatin
    2. Alan James Brinkmeier
    3. Omer Jaleel
    4. David J. Winer
    4 lawyer answers

    Due to a Wisconsin DUI You are not eligible for an MDDP in Illinois. In time, you will likely receive a revocation notice from the Illinois Secretary of state. Upon receipt, if you are a first time DUI offender you are eligible to petition for a Restricted Driving Permit that can only be obtained from attending an Informal Hearing at a local Secretary of State Office that has a Hearing Officer.

  3. I have a excellent driving record but I have been having trouble with my insurance co. so I got pulled over in Il,no insurance

    Answered over 2 years ago.

    1. Ted Harvatin
    2. Robert Allen Shipley
    3. Ronald D. Dolak
    4. Gregory James Hickel
    5. David J. Winer
    5 lawyer answers

    The Mandatory Vehicle Insurance requirement does not apply if you are an out of state resident and do not have an Illinois license. If you hold an Illinois license and are a resident you must have insurance. If you received a ticket for No Insurance, if you did not have it at the time of the stop quickly purchase some and show it to the Judge or prosecutor. If you receive Court Supervision you will be required to obtain SR-22 Insurance

  4. Currently unemployed, ticketed driving on suspend license, need a lawyer, what to do?

    Answered over 2 years ago.

    1. Ted Harvatin
    2. David J. Winer
    3. Michael A Aimino Jr
    3 lawyer answers

    Call the Illinois and Indian DMV and ask what you have to do to remove the suspension. Sometimes it is very easy, but only they will know. Since driving on a suspended license is a jailable offense, if indigent, you are entitled to a Public Defender. I suggest that you get one.

  5. I was issued a ticket for having my laptop sitting on my lap (unopened) while driving int a construction zone. Is this legal?

    Answered over 2 years ago.

    1. Alan James Brinkmeier
    2. Ronald D. Dolak
    3. David J. Winer
    3 lawyer answers

    It is illegal if your laptop was open. You should set the case for a trial and tell the Judge your side of the story. I can only assume that the police officer will say he say it was open and would ask why would somebody have a closed laptop on their lap.

  6. How can i avoid having my liscence from being suspended for having 2 traffic violations in a 24 month period?

    Answered over 2 years ago.

    1. Ted Harvatin
    2. David J. Winer
    3. Richard Joseph Albanese
    3 lawyer answers

    The only way to avoid a suspension is to file a Motion to Vacate and petition the Judge to vacate the conviction and enter Court Supervision. Each courthouse has a different procedure and each prosecutor ids different. To play it safe, I suggest getting an attorney in your area to assist.

  7. If my ex husband is on his third dui and he is driving, do I have the right to know if he has a license

    Answered over 2 years ago.

    1. David Matthew Gotzh
    2. David J. Winer
    3. Sheldon Irving Rosinsky
    4. Richard Timothy Jones
    4 lawyer answers

    You have a right to know if yoru children are in a car with an unlicensed driver. But, the Illinois Secretary of State may not provide you the information. I suggest that you call or go to your local police station and explain the situation. They can easily determine if he has a license and will arrest him if they see him driving.

  8. DUI injury and jail time

    Answered over 2 years ago.

    1. Daniel G. Galivan
    2. Steven Andrew Kozicki
    3. Harold L. Wallin
    4. David J. Winer
    4 lawyer answers

    It depends if the prosecution wishes to file felony charges. A DUI with an injury is felony eligible, but the proseutor has the discretion to chargeit as a misdemanor. There are several factors he will take into consideraton. Either way since it is a first offense it is not no mandatory jail time

  9. How much time can you get for a second DUI in the state of illinois?

    Answered over 2 years ago.

    1. Zedrick Thomas Braden III
    2. Daniel G. Galivan
    3. Ted Harvatin
    4. David J. Winer
    4 lawyer answers

    In Illinois, you are not eligible for Supervision on your second DUI assuming you received Supervision or a conviction on your first one. However, the Driving on a Revoked may be upgraded to a felony if the the current ticket is based on a DUI related suspension.

  10. Can you get a MDDP in IL if you have a Dui in another state, MI?

    Answered over 2 years ago.

    1. Ted Harvatin
    2. David J. Winer
    3. Ray Edward Richards II
    4. Richard Timothy Jones
    4 lawyer answers

    The MDDP Permit can only be obtained directly throught the Illinois Secretary of State. The court and Public Defender have nothing to do with it. Within a month of your arrest you should receive a letter from the SOS with information about your eligibility for an RDP in the MDDP program