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  #1 (permalink)  
Old 08-19-2005, 11:50 AM
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Join Date: Aug 2005
Posts: 4
Default DUI Question

I was pulled over the first time for a DUI. BAC .125 and then it was .145 at the station. Oh, I am in Illinois. I know I was wrong, complete lapse in judgement--I can't defend my carelessness, except with the experience that this incident engraved in me. I drink at most 1-2 beers on the weekends, but then again, it's not every weekend. I went to hear a band that my son wanted me to go see b/c he is a musician and someone there, after I already had 2 beers, bought me a shot (the stuff with the gold on the bottom) and another beer. I was only at the bar for 1 1/2 hours b/c I needed to get home and didn't really want to be out late, but I think my downfall was the last beer and shot 5 minutes before I left. I was pulled over less than a block b/c of my headlights. Anyway, I have already went for the evaluation and I was assessed a minimal risk, I have filed my paperwork requesting a Judicial Driving Permit and upon my court date next week, I will be asking the States Attorney for Court Supervision and of course being in IL I have a 3 month suspension where the first month is hard time at the very least and frankly I'm not going to fight that--driving is a privledge and I deserve to suffer for that month. I didn't, but I could have hurt myself or someone else. There is a reason that these laws are there. My complete lack of judgement that night was so disrespectfull to people that have lost loved ones. Any advice?
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Old 08-19-2005, 12:39 PM
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Join Date: Jun 2005
Posts: 456
Talking DUI Question

I don't really know what your question is. If it is regarding your sentence I would suggest hiring an attorney to get you a deal since it is your first offense. I know that you feel that your punishment fits your crime but who wants to have a suspended license.

It may be worth it to you to hire an attorney, get a better deal then what you have now, and never drive under the influence again.
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  #3 (permalink)  
Old 08-19-2005, 12:51 PM
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Join Date: Aug 2005
Posts: 4
Default DUI Question

A real question then. I was over the limit. I received a min. risk assesment filed for the judicial driving permit, it is my first offense, I didn't hurt anyone, I didn't hit anyone. As long as a talk to the states attorney before I speak to the judge can't I just ask him/her if they would consider court supervision this time. Do I really need an attorney. No disrespect to your profession intended. And I really am very remorseful!!!
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  #4 (permalink)  
Old 08-19-2005, 02:02 PM
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Join Date: Jun 2005
Posts: 456
Cool

Unfortunately, I am not familiar with the courthouse you will be appearing in so I don't know whether or not you can speak with the state's attorney prior to your hearing. I know that in some cities in some states you can speak to court insiders while other cities may not allow this. It really just depends on the courthouse and their level of formality.

You may want to talk to the clerk or someone familiar with the states attorney's office to find out if they will negotiate with you directly. These individuals often know the attorneys that frequent their courthouses.

I wish you luck with your case.

Last edited by legaleagle : 08-19-2005 at 04:26 PM.
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  #5 (permalink)  
Old 08-19-2005, 02:06 PM
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Join Date: Aug 2005
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Default One More Thing

Do you think that I can stop beating myself up now?
Anyway, thanks so much for your thoughts.
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  #6 (permalink)  
Old 08-20-2005, 08:21 AM
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Join Date: Aug 2005
Posts: 4
Default One more thing

I found out by making some calls that I should be able to approach the States Attorney. Should I have copies of my DUI Evaluation/Judicial Driving Permit Request, my last work evaluation showing that I am a valued employee, my school transcripts (I just received my AAS and I am enrolled in a University taking classes right now and I have a 3.5 GPA). And without going into great detail with him or her ask if they would be willing to recommend court supervision? Is this the correct thing to do? Also, if I am unable to speak with him/her for some reason because its to busy or perhaps they say "no" when I go before the judge should I tell the judge that I need a bit more time to retain an attorney and not enter a plea at that time? Also, in case someone else is answering this, please see the above comments regarding my case.

I do also have a question about requesting an Administrative hearing with the Illinois Driver's place what kind of reasons do I have to convince them that they shouldn't suspend my license at all (i.e., that my BAC was .145 b/c I litterally walked out of the bar right after taking a shot and that that could have been the reason for the elevated level, that I have been determined to be a minimal risk after the DUI evaluation, that this is a first offense, etc., etc.) Are these grounds?

I appreciate any/all advice.
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  #7 (permalink)  
Old 04-15-2006, 10:26 AM
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Join Date: Apr 2006
Posts: 6
Default DUI question

When I got a DUI I was already out on medical leave from my job supposed to be in therapy for drug and alcohol abuse - I dont even remember getting in my car after someone dropped me off at my house after a date but I did and I got nailed. I was twice the legal limit. But anyway - all I did was go to the States Attorneys office and sat there all afternoon waiting for someone to see me when they got out of court and I spoke to a very nice woman who agreed to supervision for 2 years without any driving violations - and then she mentioned the ONE month - it wasnt three months as you stated, for my license to be suspended and then I had to apply for a work permit for 3 months - but anyway once she mentioned the one month of no driving at all I informed her that my mother was legally blind and I was her sole caretaker - which was the truth - so much to my surprise she waived the one month and the working permit and all that stuff. I didnt lose my license for ONE second ! When I had to go to court for this the judge started to read me the usual one month, three month deal - and I spoke up and asked him if he had closely read my agreement with the states atty so he looked at it again and he looked at me and said young lady, (I was early 40's) - but he said I have NEVER seen a deal like this one made in my whole time on the bench hearing DUI cases but ok, you ae free to go and then he had the court assistant make me a letter to take to the county clerk and get my license back as soon as I left the courtroom. The judge even asked me who my lawyer was and I told him I didnt use one - and he was shocked - he said you mean you did this yourself ???? I said yep and he kind of laughed and said even though the situation isnt funny by any means - maybe you should consider a profession in the legal field. lol I did have to pay like 25.00 for probation costs for my paperwork but I knew the probation officer - she was an old friend of mine - and I never had to report to her in person - I just had to call her and tell her I was doing ok. And I even skipped the "mandatory" classes since I was already in therapy - so bascially I got off very easy - all of the therapy was covered by my health insurance and I didnt have to drive anyplace for those stupid classes. I have now been clean and sober for almost 6 years.
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  #8 (permalink)  
Old 05-10-2006, 11:14 AM
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Join Date: May 2006
Posts: 1
Default Speeding Ticket while under Supervision

I just received a speeding ticket while I am still under Court Supervision for a DUI in Illinois. I have met all the other requirements of the supervision. Does the speeding ticket qulaify as a violation of the supervision and can they revoke my supervision for the DUI and re-sentence me?
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  #9 (permalink)  
Old 10-24-2006, 11:43 AM
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Join Date: Oct 2006
Posts: 35
Default

Quote:
Originally Posted by darcwun
jdklein1975 did you ever got an answer to your question. I am in a similar situation and can not get an answer either. Your help is appreciated.
ANY moving violation in Illinois is a violation of your supervision
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