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Im on court supervision in Illinois for DUI. I really need to travel out of the country to visit my mom, who is sick.

Chicago, IL |

I would like to leave the first week in July. Is there a time frame I have to ask the judge by? No priors.

Attorney Answers 6

Posted

Review your sentencing order. Does it prohibit travelling outside of the state without court permission (many do)? If so, then you must appear in court and get permission before leaving.

Every case varies depending on the law and the facts. Because questions often fail to disclose important facts, these 'answers' cannot and should not be relied upon as a replacement for a full or complete review of an actual case by a retained attorney. It is axiomatic that one only 'gets what they pay for', and this is one of those situations where such a phrase generally applies.

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Posted

Whether you must have permission to leave the state depends upon what the supervision order says. There is no single rule. Review it.

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Posted

If the supervision conditions say you can't leave the State without permission, check the courthouse where you plead to see if they have an instanter motion call. Most do, but some will require 3 days notice. Also check to make sure you can get into the other country with a dui conviction, because I guarantee that they will not understand supervision.

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Posted

I agree with the above.

Generally speaking the statute does not prohibit it, but that doesn't mean a sentencing order won't. Check your paperwork, and motion it back into court if need be.

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Posted

As always, your first resource is the supervision order. But there may be counties where the supervison order does not directly address your question. If not, and since the state statutes would not probibit your travel, you should be free to leave the country. At worst, go to the circuit clerk's office, ask for a form to file a pro se motion, file it with the clerk and ask the clerk to present it to before judge for his signature or give you a quick hearing date for the judge to sign. After hearing your reasons why, I would think the judge would grant your petition.

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Posted

In similar situations where the supervision order did forbid out-of-state travel without leave of court, I have had good results even going in at the last minute on an emergency motion. Since you have a month, however, there should be no problem getting your case before the judge on a regular motion call in plenty of time for you to make your travel plans. Most judges are happy to grant a motion like yours. Good luck.

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