Just get a lawyer and as long as you have the money everything will be fine. Also my uncle got a DUI around 3 years ago. It cost him $2500 to fight it and get it expunged (sp?). It probably costs a lot more now.

 

Tell your Dad to go to the Secretary of State's office and request a copy of the abstract of his driving record. See what's on there. At that point you will know if he needs to take any further action regarding expungment.

I'm not sure how the process works nowadays, but ten years ago, you got the ticket and could drive until your court date (the mandatory suspension did not take effect until you went in front of the judge). DUI cases were tried in traffic court, not criminal court. If you pled guilty and were given supervision, it was considered a "conviction" only until you satisfied the terms of your supervision. And while there is a process by which you can have certain things expunged (wiped off) your record, in some cases you cannot do so before a specified period of time has elapsed.

 

One problem I have is that my dad is very cheap and might not have the right lawyer from the job. I think he claimed the last guy cost him $6G but he has been known to exaggerate a bit.

THe $2500 is what I've heard.

He can drive until his traffic court date but after that his license is suspended for 3 months. At least this is what he told me.

Maybe if you plea not guilty and you are found guilty then maybe you get slammed.

He keeps saying something about criminal court after the traffic court and saying that records were delayed or mixed up.

I told him to hire a Freaking wonder lawyer to get him outta this 2nd DUI and then go after that 1st suspension so that he is back on an even playing field.

 

1. Theres two ways to get a suspended license from a DUI, either being found guilty in court or by the secretary of state. The SOS will suspend you if you fail or refuse the breathalizer.

2. basically yes, if you fail or rfuse a breathalizer the second time suspension's time is longer.

3. The only why to test for pot is by a piss test which you are not required to concent to. If they, cops, really want it they need a search warrent, which most judges will never authorize.

4. You can go to court and get a limited driving privilages, to and from work basically.

5. yes

6. yes

7. see #4

I know this because I used to be a man in blue about 2 years ago, but it was the most boring job i've ever had. The best thing you can do is hire a really good lawyer so it doesn't go on his criminal record. There is no way to clear the SOS driving record, which is what will make insurance rates go threw the roof

 

He didn't blow. I thought if you don't blow you are automaticlly suspended for 6 months.

I just got done with mine,

I blew a 0.081

The cop gave me a DUI

Cost me 3500

 

I gotta say that I don't drink and drive and that I never drink and ride the bike. I'm all for suspending people's licenses that do drink and drive.

That being said, this Mother's Against Drunk Driving lobby is freaking nuts. In America you should have to be proven wrong before some kinda punishment is instituted.

I find it criminal that the government has the authority to prevent someone from working. Outrageous!

I'm glad I live in the city where I hardly ever drive and take the train to work. Hell, I can even walk to the bars.

 

No the 1st DUI was given by the Sandwich police and they didn't have the DUI breathalizer so they couldn't even give him the test if they wanted to and that's why the case was dropped.

The 2nd DUI I don't know about but I assume he blew and passed and then they made him take the Piss Test because he claims that he has to wait until the test results come back from the lab before he'll know if he can get off or not.

 

The lawyer should have handled all the paperwork during the initial DUI. If the DUI charge was dropped, the summary suspension should have been expunged, but the lawyer would have to file the papers.

Isn't Sandwich in DeKalb Co.? If so and you need to contact a laywer I can give you the name of probably the best DUI attorney around.

He can also get a work permit that allows driving to and from work only during certain hours.

 

1. Theres two ways to get a suspended license from a DUI, either being found guilty in court or by the secretary of state. The SOS will suspend you if you fail or refuse the breathalizer.

You get a summary suspension automatically if you do not get it thrown out. YOU DO NOT HAVE TO BE FOUND GUILTY TO GET A SUSPENSION!

 

2. If you get another DUI within 5 years and even if the 1st one was dropped you may still have a suspension listed on you record from the 1st which may make the 2nd DUI a loss of 1 year.

That's old news. In Illinois you now get one for life. The 1st one never goes away unless you manage to get it expunged.

 

You get a summary suspension automatically if you do not get it thrown out. YOU DO NOT HAVE TO BE FOUND GUILTY TO GET A SUSPENSION!

Isn’t it great that you can get off a murder rap even if you admitted to it if a cop messed on one little technicality up but the second you get a ticket forget any kind logical law or due process. It gives me that warm feeling all over.

 

Just do the intelligent thing...WOT! Until the squad car becomes an insignificant speck in the mirror.

:evil :evil :evil

 

I

The only why to test for pot is by a piss test which you are not required to concent to. If they, cops, really want it they need a search warrent, which most judges will never authorize

I would like to disagree but very cautiously..... I have been told by cops that there is a field test for pot that involves the pen or flashlight test. When you are drunk they try to see your eyes in reaction to movement and reflexes but with pot, I thought that light shining in your eye makes the eye uncontrollably shake a little bit. They look for that to show that you are under the influence.

 

Yeah, sounds to me that he needs a better lawyer.....

 

That is the Astigmous Eye Gaze... if your level of intoxication is beyond a certain point, your eye will behave in a certain manner. Doesn't relate to any specific kind of intoxication tho.

 

I

I would like to disagree but very cautiously..... I have been told by cops that there is a field test for pot that involves the pen or flashlight test. When you are drunk they try to see your eyes in reaction to movement and reflexes but with pot, I thought that light shining in your eye makes the eye uncontrollably shake a little bit. They look for that to show that you are under the influence.

doesn't that bind as "under the influence of an Illegal substance" just by checking if the pupils are dilated? they don't necessarly have to say it was pot or not....?

 

That is the Astigmous Eye Gaze... if your level of intoxication is beyond a certain point, your eye will behave in a certain manner. Doesn't relate to any specific kind of intoxication tho.

exactly. the test is very accurate. But just because you fail the test doesn't mean youre going to get convicted. Like any other crime a DUI is the totality of the evidence. Not just one thing is going to get you convicted. If you fail all the field sobrity test and the blow a .08 or higher you made the cops case easy. the cop doesnt need to know what your intoxicated from, he just needs to prove you are intoxicated.