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I just received supervision for a dui. My mother is now sick in Africa, and I really need to visit her. Will the judge permit?

Chicago, IL |

I live in Illinois. No prior arrests.

Attorney Answers 3


A judge will typically permit you to leave the state depending on the circumstances of your case. For simplicity's sake, you may not need a judge's permission to leave so long as you notify your court supervision officer and obtain permission from them. They will mark it in their file that you are leaving, how long you will be gone, and when you are leaving. If they tell you that you need to obtain permission from the court, you can simply draft a motion for "permission to temporarily leave the State of Illinois." In the motion, include all the details of the trip as you told your court supervision officer. Then, file the motion at the circuit clerk's office in the jurisdiction where you obtained your DUI. Set the motion for a hearing by getting a date from the clerk. Make sure you provide the prosecutor with the motion, the notice of hearing and proof of service. Then, at the hearing, if the prosecutor agrees, the judge will likely agree and simply sign an agreed order granting your motion for you to leave. If the prosecutor objects, you may have a hearing to convince the judge to grant your motion. Either way, be prepared to provide as much detail for the judge as you possibly can. The more informed and sincere you are, the more likely the judge will grant your motion.

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Yes. You will need to motion your case before the judge and ask permission to travel. They will amend the sentencing order and the terms of your bond.

Charlie Beach
Chicago's DUI and Traffic Attorney

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Unless the supervision order prohibits you from leaving the country, you don't need permission to do so.

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