Ruben David Sanmiguel’s Answers

Ruben David Sanmiguel

Aurora Real Estate Attorney.

Contributor Level 10
  1. If you got a DUI in one state and moved to another can you receive a drivers license in that state you moved to?

    Answered almost 4 years ago.

    1. Lynn T. Palac
    2. Ruben David Sanmiguel
    3. Ted Harvatin
    4. Donald John Ramsell
    4 lawyer answers

    Once you establish residency in Illinois (90 days), you can apply for a drivers license. However, the application form asks you for your driving history in other states. Your application will be checked against several national driver databases. If you answer truthfully (about your DUI), you will likley be denied a license until you clear your suspension/revocation in your old state. If you lie or misrepresent your background on the application, the Secretary of State could order that a new...

    1 lawyer agreed with this answer

  2. Paying bond nd being on ins hold can u b released after 48 hour if immigration has not come 4 da inmate

    Answered almost 4 years ago.

    1. Ruben David Sanmiguel
    2. Ekaette Patty-Anne Eddings
    2 lawyer answers

    If you had an ICE hold when you posted bond on your criminal case, you will be released to ICE. ICE will then process you for removal or deportation. The county sheriff will not release you after 48 hours. Some detainees get a bond from ICE so they can finish the criminal case. The major issues are your criminal record, how long have you lived in the USA and what was your age upon arrival. Also, if you have been previously deported, you have a poor chance of being released on an ICE bond....

    2 people marked this answer as helpful

  3. I got a missing plate ticket on a trailer I have a cdl , is this a moving violation?

    Answered almost 4 years ago.

    1. Alan James Brinkmeier
    2. Ruben David Sanmiguel
    2 lawyer answers

    If you mean a missing tag registration sticker, it does not appear to be a moving violation. If the trailer was missing a placard to carry Hazardous Materials, then it could be considered a serious violation. Certian moving violatons can lead to suspension or disqualification of a CDL. You should go to court and show the prosecutor your proof of compliance. There is a good chance your ticket may be thrown out. If you end up pleading guilty, make sure you report the violation to the IL...

    1 person marked this answer as helpful

  4. DUI convictions state transfer

    Answered almost 4 years ago.

    1. Ruben David Sanmiguel
    2. Ayuban Antonio Tomas
    3. Timothy England Moffitt
    3 lawyer answers

    You will not be able to get get driving privileges in other states due to the interstate compact and national driver databases which are checked before issuing a drivers license. All states have an application process where you will be are asked for your driving history in other states. You would have to request a permit or reistatement in your home state before applying in another state.

    1 person marked this answer as helpful

  5. What is the most that my attorney can ask for as a out of court one time settlement?

    Answered almost 4 years ago.

    1. Jose Ignacio Carrillo
    2. Ruben David Sanmiguel
    3. Matthew Phillip Konecky
    4. Joseph Jonathan Brophy
    5. John Leif Fossum
    6. ···
    6 lawyer answers

    Make sure you know the applicable statute of limitations in your state to protect your rights. If you fail to file a lawsuit by the statute date you may lose your rights. Your settlement amount will be based upon your damages, pain and suffering and medical treatment. Liability issues and contributory negligence vary from state to state. You mentioned that you are still treating for your injuries. Typically, personal injury cases are not settled until the victim is completely rehabilitated...

    1 person marked this answer as helpful

  6. Any way to drive other than BAIID in Illinois?

    Answered almost 4 years ago.

    1. Ruben David Sanmiguel
    2. Alan James Brinkmeier
    3. Owen David Greenberg
    3 lawyer answers

    You have two options available to rescind your Statutory Summary Suspension. Your attorney can file a petition to rescind (within 90 days of arrest) in court to stop or vacate the suspension. Secondly, the prosecutor may voluntarily rescind your suspension as part of the plea negotiation. Please note any other result does not rescind or take off your suspension. As for the criminal side of your DUI, you may still be eligible to receive supervision on your first offense for DUI. Normally,...

    1 person marked this answer as helpful

  7. I just recently got arrested for a DUI. Can they arrest me when I am already out of the car and walking into my house?

    Answered almost 4 years ago.

    1. Sonja R Porter
    2. Ruben David Sanmiguel
    2 lawyer answers

    Following you for 2-3 blocks gave the officer plenty of time to observe your driving and reasonable grounds to further investigate. Existing weather and lighting conditions may have an effect on the officer's ability to observe your driving and subsequent field sobriety tests. The interruption in the officer's observations due to your turn depends on many factors present at that time. For example was the interruption more than a few seconds? What was the traffic like? If the officer later...

    2 lawyers agreed with this answer

  8. Court Citation for Expired License

    Answered over 3 years ago.

    1. Ruben David Sanmiguel
    1 lawyer answer

    You should contact a local traffic attorney right away to get advice on how to proceed in your particular courtroom. Find out if a conviction for driving on an expired DL can be considered in a future application for immigraton benefits Transfering title to someone else will have no effect on your expired DL charge. Since you were previously issued a DL, you will have a driving record that can be reviewed by the prosecutor. Fortunately for you, driving on an expired DL is a less serious...

  9. I received a move over citation. I was unable to move over as a semi-truck was in the other lane. I did slow down.

    Answered over 3 years ago.

    1. Eric Matthew Rolinson
    2. Ruben David Sanmiguel
    2 lawyer answers

    These "move over" tickets are taken very seriously by officers and prosecutors due to recent fatal accidents on the side of the road. Some prosecutors are prevented by their office policy from amending or modifying these charges to non-movers for someone driving a commercial vehicle. Your best option is to hire an attorney who can set the case for bench trial. On the day of trial, your attorney can revisit negotiations and approach the prosecutor/officer to explore better terms or a...

  10. Will my Illinois drivers license be suspended for my first DUI arrest that I got court supervision for?

    Answered almost 4 years ago.

    1. Ted Harvatin
    2. Owen David Greenberg
    3. Ruben David Sanmiguel
    3 lawyer answers

    No. Based on the facts you gave the statutory summary suspension stops your license temporarily if you blew over the limit or refused ot blow at your DUI arrest. You can contest this suspension if you file a timely motion (within 90 days of arrest) with the court. However, this is a civil case and the burden is on you to show the officer did not follow the law prior to sending his report to the Secretary of State. If you are able to complete your supervision successfully it will have no...