I am my fathers care taker. We struggle with money. About 5 years ago I received a DUI. I took the classes, and played half the fines. Got 6 months suspended license and supervision.
Recently I was driving and was arrested because the state apparently revoked my license 4 days prior. I recently moved so no notice in the mail.
The police seized my vehicle stating its a new law and they are keeping the car. A friend has instructed me to ask for a re-conviction of my DUI regarding the arrest. Said to ask for supervision again but I cant afford paying the fines off from 5 years ago immediately. Like I said I take care of my dad... who has stage 4 lung cancer. The court case seems simple but how would I go about getting the vehicle back? Do I have any chance? The hearing for probably cause was hosted at the Daley center chicago IL, cook county. They told me I will get a letter in the mail in 5 weeks. That's all the info they provide. I desperately need this car back. The title is in my name only.
Well, today is a great day for the little guy fighting the man! You couldn't have posted this question on a more appropriate day, as it appears the US Supreme Court has ruled in your favor on a similar case. The following is from today's Washington Post:
"The Supreme Court ruled unanimously Wednesday that the Constitution’s prohibition on excessive fines applies to state and local governments, limiting their abilities to impose fines and seize property.
Justice Ruth Bader Ginsburg, on just her second day back on the bench after undergoing cancer surgery in December, announced the decision for the court, saying that the Eighth Amendment’s Excessive Fines Clause protects against government retribution.
“For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties,” Ginsburg wrote. “Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies. . . . Even absent a political motive, fines may be employed in a measure out of accord with the penal goals of retribution and deterrence.”
The court ruled in favor of Tyson Timbs of Marion, Ind., who had his $42,000 Land Rover seized after he was arrested for selling a couple hundred dollars’ worth of heroin."
You just might get a notice in the mail, once the State's Attorney's forfeiture division figures out how to react to this new ruling. In the meantime, contact a few local lawyers to discuss. Most criminal defense lawyers offer free consultations.
Based on A decision that the US Supreme Court issued today you might have a fighting chance
The decision handed down earlier definitely is going to have a huge impact. That being said, prosecutors are not going to accept such a change easily and it will take time (or a persistent defense attorney).
There is no way to release the vehicle without paying the fine and the storage notwithstanding your family situation.
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My Colleagues are talking about the TIMBS decision. Unless your fine was in five figures and care was worth five figures. Timbs does you no good at all. You didn't just fail to pay. You failed to appear as well. Take all your papers to a good DUI lawyer and find out if you have even a sniff. I believe you have snatched defeat from the very jaws of victory.
I'm sorry you are going through this hardship, but you are the prisoner of your own device.
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