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Steven R. Roach
1701 E. Woodfield Road, Suite # 1101
Schaumburg, IL 60173
847-685-6000
Steven R RoachSteven's most recent Avvo Answers
Chicago (IL).
Criminal Defense, Immigration.
Posted 3 months ago in Criminal Defense, Immigration.
3 answers posted
We are currently trying to adjust my husband's status and were recently denied the I601 Wavier. My husband has had 5 arrests that 13+ years old. Three of which said &...
1 of 1 users found this helpful.
Posted 3 months ago.
I will assume that your husband's arrests occurred in Cook County, IL based upon the fact that you are submitting from Chicago and that the Cook County State's Attorney's Office tend to be the only prosecutorial entity in Illinois that uses the "SOL" or "Stricken Off Call With Leave To Reinstate". Typically, if more than 160 days have passed, after filing a properly executed Expungement Petition, these matters can be "closed" and possibly removed from the record. If the cases are "open" because your husband failed to appear in court on the assigned court date, he may have an active warrant for his arrest, which would require a Motion to Quash and Recall the Warrant and result in a much different approach. More information is needed and I encourage you to call and consult with an attorney.
Oak Brook (IL).
DUI / DWI.
Posted 5 months ago in DUI / DWI.
3 answers posted
I recieved a Zero Tolerance DUI in Dupage County is Illinois. I am a first time offender. What are the reprocussions of this? I blew a 0.062 in the Breathalizer meaning ...
1 of 1 users found this helpful.
Posted 3 months ago.
There are typically two distinct legal issues that need to be addressed for individuals charged with DUI in the State of Illinois. The first issue to be addressed is the Criminal Charge of DUI, which requires that the State has the burden of proving you guilty "Beyond A Reasonable Doubt". With a BAC of .062 I would strongly consider taking the matter to trial. However, in response to the part of your question regarding it being "dropped to a lesser charge", after negotiations, that decision must be made by the State's Attorney's Office. I recently had a .075 DUI reduced by the DuPage County State's Attorney's. So, it is possible.
The second issue to address deals with the suspension against your license. Unlike a DUI where the accused is over 21 years of age and receives a Statutory Summary Suspension (which can be challenged by way of a civil hearing in your DUI courtroom), your Zero Tolerance Suspension can only be addressed by way of an administrative hearing with the Secretary of State of Illinois. The DUI court has no jurisdiction over the mattter.
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