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How will my plea deal (DUI --> speeding ticket) change after violating my suspended license prior to my court date?

Belleville, IL |

Arrested in January 2012 for a DUI (BAC 0.10) and speeding 55 in a 45
Deal pleaded down to a $3000 speeding ticket
Arrested for driving under a suspended license in March.
Will I likely lose my plea deal?
I have a lawyer but he has not called me back in some time. Is there a probable reason for this?

Attorney Answers 3

Posted

Plea deal could be in jeopardy. In fact if you are MDDP eligible (no prior DUI for 5 years) the driving suspended can be charged as a felony.

Your lawyer may not have called back because he does not have specific information about what the state plans to do.

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Posted

Out of curiosity, how did you plead guilty to a $3000 speeding ticket? With a petty offense, it's a maximum $1000 fine. With a Class A misdemeanor, it's $2500 maximum fine. Are you including court costs as well? Was there more than one speeding ticket?

There could be an effect on the plea deal but that will depend on whether or not you were placed on court supervision. If placed on court supervision, if you plead guilty to the new subsequent offense of DWLS, that plea alone is enough to revoke your court supervision, assuming the State's Attorney's office files a petition to revoke (PTR). If you simply pleaded guilty to a traffic ticket petty offense, with no court ordered supervision or probation/conditional discharge, then your plea deal from the DUI cannot be disturbed. One concern you should have is this: if you received the DWLS in the same county as you pleaded guilty to the amended disposition ("pleaded down to a $3000 speeding ticket), if the prosecutors can't file a petition to revoke your court supervision/conditional discharge/probation because none exists, they could hit you harder on their plea deal for the new DWLS. Keep that in mind. It would be prudent to do whatever you can to reinstate your driving privileges so your attorney can provide that as mitigating evidence to the prosecutor and/or judge, depending on the method of disposing the case.

Try scheduling a meeting with your attorney and express these concerns. There could be a number of reasons why he hasn't called you back.

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Posted

I received a letter from my attorney stating what plea deal would be made (DUI dropped down to a $3000 speeding ticket). What I missed (stupidly I realize, especially considering I am a masters student....ug) was that I was not entitled to drive until that fine was paid. I did not participate in the decision making process and was not told explicitly that my license was suspended till that date, though again, I do realize that this is my fault. I do believe that I must have been under supervision for the time being but could not say for sure. I have tried several times to schedule an appointment but have not received a call and/or email back now in over a week. Because I am not driving right now, my lawyer's office a 2 hour bus commute away, making it very difficult to go down there and just wait for him to show up. I am at a loss as to what I can do and with the original court date coming up next week (my finals week) I am unsure if it will be moved back or not, given the new charges. I realize that the law does not recognize intentions or care for personalizing cases ('the law is the law') but will they take into account my busy teaching schedule, degrees, volunteer work or anything in prosecuting me or will the prosecutor shoot for as much as he/she can get? Also, is there a chance that my court date will be moved back? Again, I still have yet to hear back from my lawyer so any advice or thoughts will be helpful.

Posted

You have an attorney and want advice from strangers because he has not called you back? My advice is contact him. Try going to his office.

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Posted

Its been over a week that I have been trying to get a hold of him. The legal system is a mysterious black box that I, though well educated, no little to nothing about. To boot, his office is a 2 hour bus ride away. With a busy graduate, teaching and volunteer schedule, it is not as simple for someone to play by the rules and camp outside my lawyers office. Thanks for the help though.

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