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Does my fiance have to appear before a judge for a DUI?

Waukegan, IL |

My fiance has a DUI charge from 2007 in Lake County IL he would like to get resolved but he is currently incarcerated in Minnesota. He would like to avoid filing a detainer, and plead guilty to the charge.

Attorney Answers 5


Realistically there is nothing that can be easily done while someone is incarcerated out of state. Additionally, a DUI is a misdemeanor and requires an in person appearance. The biggest concern for most of my DUI clients is license suspension. Depending on his record he could face anywhere from 1 year to a lifetime without a license.

I recommend a consultation with an attorney to thoroughly review options based on his personal record, and the facts of his case.

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The first thing I would advise is to have him communicate with the Lake County State's Attorney to advise that he is currently incarcerated in Minnesota so the County (or perhaps Village if this is a municipal case) does not issue issue a warrant or if one has been issued (most likely), they may choose to quash it,

Eventually he is going to have to deal with this DUI and as the other attorney already explained, he is going to have to make a personal appearance in Lake County. I have seen folks get released from one prison only to be seized and transported back to Lake or another county to face trial. That case is quite old but that does not mean it will go away.

Get out in front of the situation. You may wish to obtain local counsel, especially if this is a Village case to hopefully begin a negotiation for a settlement. One more wrinkle is that a Lake County judge is going to want to see a NICASA alcohol evaluation which must be performed in Lake County and only by a NICASA screening. Without this evaluation, most prosecutors and almost none of the Judges will even consider a DUI plea.

Depending on when your fiancee is due to be released, it may be beneficial to coordinate a release and return to Lake County with a negotiated grace period for him to first obtain his Court Purposes Abstract and schedule his NICASA. I have a free PDF on DUI for Lake and McHenry County on my website which might help explain some of the necessary process in order to negotiate a settlement.

While he will still need the actual NICASA, the facility where he is might be able to at least perform a similar alcohol evaluation which might we might be able to utilize for negotiation purposes.

I do offer a free consultation and truly wish you and him the best of luck in this situation.

This answer is marginal legal advice and does not constitute an attorney-client relationship. Every client and case is unique. The best advice is to always consult with an attorney. Free legal resources at

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DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602

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I am a DUI attorney that practices primarily in Lake County and our office is directly across the street from the courthouse. If you would like to discuss your case in more detail call my office at (847) 336-91111 David Winer.

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