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

Asked over 2 years ago - 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)

  1. 7

    Lawyers agree

    Answered . 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... more
  2. 6

    Lawyers agree

    Answered . 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.

  3. 5

    Lawyers agree

    Answered . Yes

  4. 2

    Lawyers agree

    Answered . Yes.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  5. 2

    Lawyers agree

    Answered . 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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The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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