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Harold L. Wallin
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Harold Wallin’s Answers

806 total


  • How many years in jail could you be facing for reckless homocide reckless driving no insurance and no valid driving license ?

    A friend of mine was in his car filling his exgirlfriend that was riding on a motorcycle and at a stop sign he hit the motorcycle and killed her the other guy is in a hospital. How many years could he be facing in jail. His bond was raised from 1...

    Harold’s Answer

    The answer to this depends on the facts of the case and the charge. Under certain circumstances, the penalties can be enhanced. For example, if the person was impaired as a result of consuming alcohol or drugs, if it occurred on a public thoroughfare where school children pass, or if more than one person is killed. A standard offense of reckless homicide caries a range of 2 to 5 years. It is possible that he might get probation. Given the significance of the offense, it is vitally important that anyone charged with reckless homicide have competent legal counsel.

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  • My boyfriend is in jail and his bond is 60,000 dollars is there any way his bond can be lowered before our son's 1st birthday

    He was arrested and was already out on a 10,000 bond

    Harold’s Answer

    His attorney would have to file a motion to request a reduction in bond. The state will probably oppose it because he committed a new offense while on bond. Then it is up to the judge to make a decision.

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  • Can my husband do EM in Wisconsin instead of Illinois?

    Husband was sentenced today, his charge was driving on revoked/suspended. he has to surrender in 3 weeks! Problem is we moved to Wisconsin 2 months ago, he was sentenced in bridgeview, IL. The judge told him 6 months on EM or year in prison but w...

    Harold’s Answer

    It is possible with court approval. I recently had a judge in a misdemeanor case sentence a client to EHM to be monitored through a private company because he lived in another Illinois County (so his home confinement could not be monitored by the Cook County Sheriff's Department. This is something to bring up with your attorney. Keep in mind that monitoring from a private company will cost anywhere from $10 to $27 a day.

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  • IL DUI: Is there a grandfather clause related to the Illinois "no look back"?

    About what year did Illinois change to DUI's always counting towards sentencing, and does a grandfather clause help exclude incidents before the change? (Note: In 1984 courts were required to report the the Sec of State, but that doesn't answer th...

    Harold’s Answer

    There is no grandfather clause. You don't get to start over even if decades have passed since your last DUI. Any DUI in your background can be considered when determining your sentence for a new offense or to charge you with an "aggravated DUI" based on multiple prior DUIs.

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  • DUI (IL), Related to sentencing, is "alcohol evaluation" required before trial?

    Please Note: This question only refers to the court, not the administrative side. BAC = ~0.12 A public defender (who I am eagerly looking forward to getting rid of) said I had to report for "alcohol evaluation". I am probably not eligible for su...

    Harold’s Answer

    An alcohol evaluation is required before a plea or sentencing in DUI cases.

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  • What kind of questions will I be cross examined at a drivers license reinstatement hearing?

    Due to two DUI on my record my licensed has been revoked. In order to get it back I need to attend a formal hearing. What should I expect?

    Harold’s Answer

    I agree with my colleague's answers. You will be asked about your alcohol and/or drug use history, the facts of your arrests, what you got out of treatment and how you have changed to avoid getting a third DUI. I can't stress enough how important it is to have an attorney to represent you at one of these hearings. Most of my clients come to me after they have tried to do it themselves once or twice and not only have they wasted their time, but they have dug themselves a deeper hole because everything that happens at one of these hearings remains in your record.

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  • Can I obtain a new license in Illinois when my Wisconsin license got suspended?

    I moved from Wisconsin to Illinois. Before I had a chance to obtain a new license in IL, I got suspended for 6 months (until December 10th) due to 2 speeding tickets (8 points for 14 miles over in school zone and 12 points for 91 mph at 70 mph hig...

    Harold’s Answer

    No, you can't obtain a license in Illinois if another state has a placed a hold on your driving privileges.

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  • What is the fine for driving 90MPh in a 55

    I was driving 90 mph in a 55 mph zone and got pulled over

    Harold’s Answer

    This is Class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $2,500.00 plus fees and costs. You need to retain an attorney.

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  • 85 in a 55 - Kane County IL

    Yesterday, I was pulled over for doing 85 in a 55 on IL route 56 in Sugar Grove. I essentially didn't reduce speed after passing another vehicle. My citation reads that I was in violation of local ordinance IVC ILCS 625 5/11-601(B) with a notice t...

    Harold’s Answer

    This is a criminal offense. Hire an attorney to represent you. Perhaps he or she can get this reduced to a petty offense.

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  • Should I add a witness letter for a Request for Explanation from the Secretary of State?

    I have an interlock device and had my first and only violation. I did not retest which I realize was a mistake. My sister ended up driving instead of me due to the 10 minute lock out that was triggered. I wrote a letter explaining the situation, b...

    Harold’s Answer

    I suppose would depend on what she is going to say. Will she be able to explain the reason for the BAIID violation? Will it be credible? If the answer to both questions are yes, then send it. Otherwise, don't.

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