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David J. Winer

David Winer’s Answers

44 total

  • How or can I transfer my DUI court proceedings to another state?

    In August I got a DUI in Illinois. I got the evaluation the judge has asked & have to attend classes where I reside. Since, I have became homeless where I'm staying at any friends house that will let me. My family would like for me to come home, w...

    David’s Answer

    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.

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  • IL license, WI OWI conviction.

    Once WI notifies IL of my pending Wisconson OWI conviction, will I be eligable for a MDDP? This is my first DUI ever, but have read that IL might view my WI conviction as a second DUI.

    David’s Answer

    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.

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  • 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

    I had problems with this insurance co. and when I went back to see if I had insurance I did not but I bought some more two days later will it be ok or will I lose my driver lic.

    David’s Answer

    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

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  • I live in the state of Illinois and I have the interlocking device...how do they impound your vehicle after the third violation.

    I'm on supervision and have received three extensions. I just recently received a letter stating that there was an order to impound my vehicle...my question is will they come remove my vehicle from my home?

    David’s Answer

    Yes, they can impound your vehicle anywhere they find it. Whether they come to your home or locate it anywhere else. If you are driving and are stopped, it will be taken on the spot.

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

    I got a speeding ticket a while back that I forgot about. I got pulled over again for speeding and found out my license was suspended. I got a 2,000 ibond and a court date. This was my first offence. I already showed for my first court date an...

    David’s Answer

    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.

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

    I was driving through multiple areas of construction along Miller Road in Lake county. There were three or four areas where flaggers were directing traffic. While passing through one of the zones an officer was in between the flaggers and looked...

    David’s Answer

    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.

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

    I just recieved in the mail that my liscense is going to be suspended from October 29, 2011 - November 29, 2011. A friend tells me that i could file for a court supervison, but i don't know how to. I have 2 traffic violations already paid for. Wha...

    David’s Answer

    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.

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  • 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

    My ex husband got his third dui in may of 2011. He appears to have lost his license for awhile. Now he is driving do I have the right to ask if he has a drivers license, he is picking up my minor children and they do not know if he has one or not.

    David’s Answer

    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.

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  • DUI injury and jail time

    from my research, i understand that if you charged with a first DUI and injure someone, its a felony and more likely to get jail time correct? does that go the same if i injured myself? is that also a felony and more likely to get jail time? i ...

    David’s Answer

    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

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

    1st Dui back in 2004, just got 2nd dui this year, and 4th time being caught on driving around on revoked/suspened license

    David’s Answer

    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.

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