W. Scott Hanken's Answers

W. Scott Hanken
Springfield Criminal Defense Attorney.
Contributor Level 10

3

Attorney answers:

  1. W. Scott Hanken
  2. Ted Harvatin
  3. Alexander M. Ivakhnenko

Dui court supervison

Asked by a user in Chicago, IL - about 1 month ago.

No, you will not need to obtain SR-22 if in fact you receive a disposition of Court Supervision. It is important to note that although court supervision keeps a DUI disposition from appearing on your Public Driving Record (and thus away from the prying eyes of Insurers) a Summary Suspension will appear (unless rescinded) and in point of fact will be viewed by Insurers and rated much as they would rate you for a DUI. Hence, it is important to attempt to rescind your Summary Suspension if you...

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4

Attorney answers:

  1. W. Scott Hanken
  2. Owen David Greenberg
  3. Ted Harvatin
  4. Jason Alan Ott

I did NOT receive a summary suspension after my DUI...isn't that mandatory, and can I get my DUI thrown out of court?

Asked by a user in Davis, IL - 10 months ago.

The fact that you did not receive a Summary Suspension Notice can be because of a number of factors: 1. a paperwork snafu at the SOS; 2. You actually did not receive a SSS because the offense occurred on private property; or 3. The officer did not forward the Sworn Report to the SOS. The old adage, "Let sleeping dogs lay" may very well be the course to follow. I suggest you go to the SOS and request a driving abstract/record and look to see if the SSS is listed.

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Attorney answers:

  1. W. Scott Hanken

Entox ec/ir 11. What is the canister connected to it with a switch on top?

Asked by a user in East Peoria, IL - about 1 year ago.

I am not completely clear about your question, however Breath analysis test are based on enough flawed logic that I have not seen the need for tampering with the device to obtain higher BAC results. If the manufacturer is to be believed, the machine is set up to detect mouth alcohol and purge the test. For more specific information you can view an operators manual of this device at http://www.dfs.virginia.gov/services/breathAlcohol/InstructionalManualIntoxECIRII.pdf You would be better...

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2

Attorney answers:

  1. Alan James Brinkmeier
  2. W. Scott Hanken

How can I get removed from the national retail theft database in Illinois, how many years does it take?

Asked by a user in Chicago, IL - over 1 year ago.

NRMA only reports incidents that have occurred within the last 7 years of the report date. All reports are accessible in real-time online for viewing the most recent 7 year period

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2

Attorney answers:

  1. W. Scott Hanken
  2. Pamela Koslyn

Will I be caught/arrested?

Asked by a user in Springfield, IL - about 1 year ago.

Obviously, regardless of the relatively small value of the item involved, you face exposure to prosecution for Retail Theft, a Class A misdemeanor. A Class A misdemeanor is punishable by a maximum of 364 in county jail and a fine of up to $2,500.00. Luckily for you the chances of you being discovered and charged are slim. The concerns and fear that you suffer from now will hopefully keep you from repeating this type of conduct in the future. If you would have exercised the same concern earlier...

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4

Attorney answers:

  1. Scott Andrew Wineberg
  2. W. Scott Hanken
  3. Keith G Langer
  4. Randy William Ferguson

Can I use another persons booking room video, if they were arrested shortly after me?

Asked by a user in East Peoria, IL - about 1 year ago.

Your attorney should be able to acquire the video referred to. The issue is not one of who's video is involved rather whether the video contains info RELEVANT to your case or containing exculpatory evidence.

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6

Attorney answers:

  1. Eric T. Perry
  2. W. Scott Hanken
  3. Daniel G. Galivan
  4. Ted Harvatin
  5. Kelly W. Case
  6. ···

My court supervision that i got for dui n December 2009 will end in 5 months. How should i address future job opportunities?

Asked by a user in Dekalb, IL - over 1 year ago.

Your situation occurs often and is usually one of employers, etc. not comprehending that a disposition of Court Supervision means no conviction was entered. While you may truthfully answer a questionnaire stating you have no convictions - in the event a background check is done your guilty plea to DUI will appear. Your Driving abstract available to insurers and the public will not show a DUI disposition. Unfortunately, you may not expunge the DUI unlike other offenses involving acquittal or...

1 person marked this answer as helpful

2

Attorney answers:

  1. W. Scott Hanken
  2. Rohn Conan Barrow

My son has been charged with Failure To Obey A Court Order-Failure To Attend School

Asked by a user in San Antonio, TX - over 1 year ago.

Failure to obey a court order, if found to be willful, is grounds for a finding of contempt or revocation of probation, conditional discharge or Supervision. Unless your son has a valid explanation for his absences (illness, etc.) he is subject to additional penalties. He would be well served to not have any more absences between now and the hearing and should undertake as many positive activities as he can to give his attorney some ammunition to argue against incarceration, etc. The main...

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4

Attorney answers:

  1. Judy A. Goldstein
  2. Ted Harvatin
  3. Alexander M. Ivakhnenko
  4. W. Scott Hanken

I recently received a speeding ticket. Can I get it dismissed on a legibility technicality?

Asked by a user in Dowell, IL - 2 months ago.

I like the way you think but unfortunately that does not rise to the level of a defense or basis for dismissal

5

Attorney answers:

  1. Ronald D. Dolak
  2. Ted Harvatin
  3. Daniel G. Galivan
  4. James C Forslund
  5. W. Scott Hanken

How can a person arrested for DUI be charged with "3 counts of DUI?" Someone called-in that he was DWI is that a legal pullover?

Asked by a user in Moline, IL - 2 months ago.

There are numerous ways to charge a DUI depending on the circumstances. You can have a generic DUI, DUI/BAC where there has been a breath, blood or urine test, DUI involving drugs (prescription or controlled, DUI combination of drugs and alcohol and even DUI for driving etc with any amount of drugs in your system (even where there is no impairment. It is similar to an individual charged with 4 counts of murder even though there was only 1 victim. The real issue here is the reliability of the...