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Brandon Kenneth Davis
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Brandon Davis’s Answers

245 total


  • I just got put on supervision and didn't know my license was suspended and the secretary of State hasn't processed it all

    So I got put on supervision for my 2nd speeding ticket and didn't know my license got suspended and was told by the Secretary of State that it takes 10 days to process the supervision and send me that my license would be reinstated but I was pulle...

    Brandon’s Answer

    Technically, even if the Secretary of State had not yet processed the new disposition (supervision) and removed the suspension, your license was suspended at the time you were stopped and you were driving illegally. Although it was a misunderstanding on your part, that is not a defense. Some prosecutors would dismiss the charge, others will not. Speak to a local lawyer where the incident occurred to discuss the likely outcome and possible representation.

    As far as the tow/impound fees, in my experience, they are extremely difficult to challenge based on the facts as stated here. If your license is still suspended, go to the clerk's office and obtain a certified order of the new disposition, you can send it down to Springfield to help ensure that it is processed. You can verify with the Secretary of State by phone that your license is clear before you get back behind the wheel.

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  • What steps do I take to ask court for time to retain an attorney? Got a PD first but he's not doing anything for me.

    What steps do I take to ask court for time to retain an attorney? At my 1st appearance for retail theft under 150, I asked for a p.d. He isn't responding or doing anything (giving me any info..)

    Brandon’s Answer

    I would recommend speaking to the public defender at your next court appearance. They are often extremely busy handling large caseloads but that does not necessarily mean that they are not handling your case properly. If you are able to afford an attorney and you are still unhappy with your representation from the PD, when you case is called, simply let the judge know that you would like a continuance to hire private counsel.

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  • Driving without insurance in Downers grove IL

    Hi, Police caught me and asked for insurance. I have valid insurance but latest insurance card was not with me at that time. so , I got court summons and I have to appear in court. I got my valid insurance card and a letter fr...

    Brandon’s Answer

    Provide your insurance card covering the date of the stop and the letter from the insurance company to the prosecutor, you should not need any additional documentation. The charge should be dismissed at that time.

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  • If I didnt have my insurance card when I got pulled over and I bring the insurance card to court, will they drop that ticket?

    I got pulled over for a petty speeding violation, but i am more worried about the ticket of driving without insurance

    Brandon’s Answer

    If you show proof that you were covered at the time of the stop, the insurance ticket should be dismissed.

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  • Seal a felony in illinois

    Have a theft charge from 23 yrs ago and a one that is 10 yrs old what to do have cleaned my life up went back to college got a bachelors degree is hindering me from good jobs to support my family

    Brandon’s Answer

    It may be possible to seal these convictions but more information is needed. After a relatively recent change in the law (Jan 1., 2014), Class 3 felony theft is eligible for sealing 4 years after the termination of your sentence. Of course, there are no guarantees and it is is highly recommended that you contact an attorney in your area to review your record to determine your eligibility.

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  • DUI on background check.

    Months ago I signed a contract to work for an accounting firm after graduation. Very recently I was charged with a DUI. My first court date is very soon. Ironically I was was just sent the pre-employment background check. How would the DUI look on...

    Brandon’s Answer

    There are different types of background checks. Depending on the thoroughness of the background check, a pending charge may or may not show up. Typically, convictions (or at least charges with dispositions) would appear on the background check. Regardless, at this point, it may be best to be forthcoming with your employer if you are asked about "arrests" rather than "convictions".

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  • Completing BAIID after an extension.

    Hello, I have an mddp after my first DUI and had an 3 month extension added to my time (I sent a letter I worked on with my lawyer and did not admit to drinking to the SOS and the excuse ended up not being excepted). My question is, after I alrea...

    Brandon’s Answer

    You will not need to appear for a hearing with the Secretary of State after your extension, you will simply need to pay a reinstatement fee to clear the suspension.

    Under these circumstances, it seems unlikely that a petition to revoke your court supervision would be filed. The prosecutor (or the department monitoring your court supervision) would need to re-run your driving record to find the extension. They are typically looking for new offenses when they do so, not MDDP extensions.

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  • Can I get my retail theft background sealed?

    I have a class 4 retail theft felony and two misdemeanors retail theft I caught my first misdemeanor in 2009 and was giving court supervision. I caught my next misdemeanor and felony in 2011 case finished in 2012 and I was done with probation in 2...

    Brandon’s Answer

    Yes, all three of these retail theft charges (including the felony) are eligible for sealing once the required time period has elapsed. Specifically, you must wait until 4 years from the termination of the last sentence on your record (which would be sometime in 2017). Of course, sealing is discretionary and the relevant parties, including the State's Attorney and Illinois State Police, have the ability to object to your petition. With your record, it is highly advisable to consult with an attorney to assist you before you begin the process. More information is available at the link below.

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  • Speeding ticket in Wisconsin

    I was cited for driving at 95 in 65mph lane. I was driving an SUV and did not realize that the speed has gone that high. It happened by mistake and this is my first ever ticket. As per the ticket I don't need to appear in the court. However, my li...

    Brandon’s Answer

    I would advise discussing your options with an attorney licensed in Wisconsin. If you enter a plea of guilty and/or simply pay the ticket, you can expect that the conviction will be reported back to the Illinois Secretary of State and ultimately appear on your driving record. Because it is your first ticket, it would not cause a license suspension at this point, but would likely effect your insurance rates. If you are under 21, 2 convictions within 24 months would result in a license suspension. If you are 21 or older, 3 convictions within 12 months would result in a license suspension.

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  • Illinois Reinstatement Fees -

    How long after paying a $70 reinstatemnet fee can I go to get my license again?

    Brandon’s Answer

    The answer depends on method of payment and type of reinstatement fee. Because you paid a $70 reinstatement fee, I would assume it was for a suspension (not a revocation). If you pay online through the Secretary of State website or in person, the suspension typically clears within 24 hours. At that point, you can go get your license as long as that was the only hold. Reinstatement fees for license revocations can take approximately 3-5 days for processing.

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