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David J. Winer

David Winer’s Answers

44 total

  • Completed sentence/probation how do I get my license back.

    Convicted of felony dui in Texas. Moved to Illinois and completed probation. Now I want my license back what do I have to do?

    David’s Answer

    Where was your license issued, Illinois or Texas? How many othe DUI's have you had? What years? Either way, you must attend a hearing at the DMSV-SOS to obtain driving privileges.Y our information is too vague to provide more info..

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  • I had 3 dui's the last one was 20 years ago. If I can get the state to agree to wet reckless. can i get a baid w/out sos knowing

    I am already in treatment before my first court date. Attending AA and have had a clean driving record for 10 years. I'd be willing to do up to 2 weeks in jail any fine amount and any length probation. Also put a Baid device in my vehicle as an in...

    David’s Answer

    If you attorney can get you a reckelss driving, your license should not get revoked although you will have the Summary Suspension to deal with As for the BAIID, you can get one without the SOS knowing if it is part of a plea agreeement. You must contact the BAIID companys to have it privately installed and send their complaince reports to the court instead of the SOS.

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  • Why would a person be taking from illinois court to wisconsin federal holding with no bond or court date?

    How long would it take for a court date or bond? The person was fighting a drug case for more than 100 grams but less than 400 grams of cocaine. The person has not been found guilty, if so how long they facing?

    David’s Answer

    There are two possible reasons. One, that the case is now being charges in Federal court by the U.S. Attorneys office. In larger drug cases that deal with cross-state border allegations the federal prosecutor can have jurisdiction to prosecute and the penalties in Federal court are more severe that state court. . The other reason, is that there is an INS hold and he was taken to the INS holding facility for deportation proceedings. The info yo provided is too vague to know which one it is. I highly recommend getting an experienced attorney ASAP.

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  • Am I allowed to leave the country while license is suspended?

    Was driving with a hardship license

    David’s Answer

    As long as you do not have a warrant or a court case you can leave, but may not be able to rent a car.

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  • Is a b.a.c of 0.175 an aggravated dui in cook county?

    This would be my Second dui offense and I was wondering with a bac of .175 an aggravated dui?

    David’s Answer

    The only way it would be a possible felony if you received the DUI while also driving on a suspended or revoked license. The BAC score itself does not make it a felony.

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  • Will a bench warrant for speeding tickets show up on a FBI criminal check

    I'm in the process of changing a brazilian tourist visa to a permanent visa after my marriage here. I need to supply a FBI criminal check to the federal police here. Will the offenses potentially deny my visa?

    David’s Answer

    It may show up if the agency or court that issued the wararnt puts it on the "LEADS" computer, which is a nationwide warrant data system. I would not take a chance, so hire an attorney to get it cleared up.

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  • Do i need a lawyer?

    I received a ticket and was granted court supervision, i received a second ticket during the 90 day period. I want to request court supervision on the second ticket. Do i need a lawyer? If court supervision is awarded for the second ticket would t...

    David’s Answer

    I recommend contacting a traffic attorney. It is not clear from your question what the tickets are for, but if they are minor moving violatioss, the supervison can get revoked on your first ticket due to the second one. Three convcitions in a one year period can lead to a suspension if you are over 21 years old. If under 21 years old it is two convictions in a 2 year period. Also, the law aonly allows two Court Supervisions in a one year period. Play it safe and call an attorney.

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  • I got a failure to reduce speed traffic ticket and I can't pay by the court date, can i reschedule the payment to a later date?

    The citation was issued in granite city illinois and the court date is dec 1st

    David’s Answer

    You must return to court and ak the Judge to give you more time to pay. Contact the Court Clerk to arrange a new court date and give the Judge your explainaiton.

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  • Will my license still be suspended? IF so what can I do to fix it????

    I am 26. I have 2 convictions (11/15/10 and 2/8/2011) both for not showing up for court, fines are paid. I received supervision for another ticket, paid fines and did traffic school, this ticket was recorded as a conviction on 10/4/11 because i ...

    David’s Answer

    Assuming that those are the tickets causing the suspension, once the SOS receives notification from the Court Clerk that the conviciton has been vacated your the suspension should be removed. I suggest that you call the court clerk and confirm that they sent the court order to the SOS. Do not drive until the SOS has cleared the suspension.

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  • YES. I am on video asking for a blood test 7 times. Yes. The officer said twice (on video) o.k.,

    but "I am going to have to handcuff you to take you to do that." Which I replied, "let's go" HOWEVER.....there is no sound in the booking room video where I asked the ofc. "I thought you were going to draw blood" the ofc. responds giggle giggle ...

    David’s Answer

    I am not sure what your question is, but it is likely from your description of events that the police officer may not have followed the required procedure for a breathalyzer test. I highly suggest that you get a good lawyer that practices DUI law to review the squad car and booking room video and police reports,.

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