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3rd driving on revoked!!??

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Latest post Tue, Aug 11 2015 5:14 PM by adjuster jack. 9 replies.
  • Sat, Mar 8 2014 6:01 PM

    • shawng77
      Consumer
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    • Joined on Sat, Mar 8 2014
    • IL
    • Posts 4

    3rd driving on revoked!!??

    Ok i had a DUI in 96 never tried to get license back. recieved a revoked in 2002 and in 2005. In 2012 i was approved for recovery/work permit. Completed the whole year with BAIID system and all. I am a single father fulltime and money was wrapped up in court with custody battle. Long story short didnt have the money to fullfill obligation to get fully reinstated through hearing etc.. in springfield. After my ride backed out on me last minute for work i made the choice to drive which resulted in a Revoked ticket.

    I was offered 30 days work release and a class 4 felony on my record. I fought and fought with how to do the time and have my son, who has no one but me and a close friend/girlfriend, taken care of. Well it came down to the wire and i turned down the offer and am currently fighting the ticket. There is a slight, and i stress slight, chance the ticket gets thrown out due to the registration being in my girl friends name as well as mine. Only one name comes up as revoked.

    Anyway i do have a lawyer and it is my second one i had to relieve the other. Still not very confident in him due to how highly and friendly he speaks of the states attorney. I would GREATLY appreciate any insight or guidance in what i could do to help matters. I am having a hard time accepting the fact that even though i completed the year restricted permits that it would still be considered a revoked.....why not suspended. I see these actual criminals getting these breaks i kinda would like one myself. i have always accepted my mistakes and faults and tried to fix them this just seems overkill. thanks ahead of time for any help.

  • Sat, Mar 8 2014 6:31 PM In reply to


    Re: 3rd driving on revoked!!??

    shawng77:
    I am having a hard time accepting the fact that even though i completed the year restricted permits that it would still be considered a revoked.....why not suspended

    Suspended and revoked are treated the same way under the statute--625 Ill. Comp. Stat. § 6-303. 

    shawng77:
    There is a slight, and i stress slight, chance the ticket gets thrown out due to the registration being in my girl friends name as well as mine. Only one name comes up as revoked.

    So?  Weren't you the one behind the wheel when the stop was made?

  • Sat, Mar 8 2014 7:19 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on Mon, Oct 8 2001
    • TX
    • Posts 7,875

    Re: 3rd driving on revoked!!??

    shawng77:
    I was offered 30 days work release and a class 4 felony on my record.

    What are the penalties if you don't prevail in your fighting the ticket?  In other words, what's likely to happen if you don't win?  Work release would have allowed you to at least to continue at your employment, unless you are going to get fired if you have a felony on your record.

    shawng77:
    I see these actual criminals getting these breaks i kinda would like one myself.

    Wish in one hand and spit in the other.  See which one fills up first. 

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • Sat, Mar 8 2014 8:39 PM In reply to

    Re: 3rd driving on revoked!!??

    shawng77:
    Still not very confident in him due to how highly and friendly he speaks of the states attorney.

    That's not a reason to think that the attorney will not try hard to get you the best outcome. A lot of the public for some reason thinks that a lawyer has to hate the opposing lawyer and talk trash about him/her in order to be any good. That's simply not true. Lawyers can, and do, respect the skill and abilities of other attorneys. They can even be friends. But when they oppose each other in litigation, each attorney wants to win and will do everything he/she can to do just that. Think about it: there are many pro athletes and gamers that respect and are even friends with opponents. It doesn't stop them from playing their best to beat their friends on game day. Lawyers are no different in that regard.

    shawng77:
    I see these actual criminals getting these breaks i kinda would like one myself.

    What you may have seen is accused criminals getting a break because the state has made some serious error in the handling of the case against them. Every accused person has certain rights guaranteed to them under federal and state constitutions and statutes, and when the government violates those rights there are remedies for that. If the state violated your rights here, you'd be entitled to the remedy available for that violation. But in the majority of cases that you don't hear about in the news, the state has done things correctly and has enough evidence that a jury could vote for conviction. That's why the vast majority of criminal cases end with some sort of plea agreement.

    shawng77:
    i have always accepted my mistakes and faults and tried to fix them this just seems overkill. thanks ahead of time for any help.

    You made the choice to drive when you knew your license was revoked and got caught. That was a mistake, and you'll have to live with the consequences of that once all the dust settles from the litigation. You are entitled to have the state put the evidence to a jury and to put on a defense if you don't like the plea agreement offered. That's what you have an attorney for. But understand that in any case that goes to trial, there is a risk that you'll be convicted even if you have the greatest lawyer in the country defending you. If the state has good evidence evidence against you, no lawyer, regardless of how good, is going to be able to make a jury simply disregard that. What evidence have you got to rebut the state's case? What alternative theory of what happened can you offer a jury that would convince them you aren't guilty of the offense? What kind of sentence might you get if you are convicted at trial versus what the state is offering in a plea deal? Those are the sorts questions you need to seriously think about when deciding whether to go to trial. You need to be realistic and not have a pie in the sky view of trial. Hoping for some miracle at trial is not a good way to evaluate your options. 

  • Sun, Mar 9 2014 11:40 AM In reply to

    • shawng77
      Consumer
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    • Joined on Sat, Mar 8 2014
    • IL
    • Posts 4

    Re: 3rd driving on revoked!!??

    yes i was behind the wheel.

  • Sun, Mar 9 2014 11:50 AM In reply to

    • shawng77
      Consumer
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    • Joined on Sat, Mar 8 2014
    • IL
    • Posts 4

    Re: 3rd driving on revoked!!??

    I dont have a some expectation of whats to come out of this in trial. I have now pleaded not guilty and an fighting it and looking at possible prison time but it is out of my control due to the fact that i am the only person that is here for my son and cant leave him at this critical point in his life where he has mother issues. Yes i did make the bad choice of driving but i did feel my career was threatened since i had recently received a promotion to head my own lab. I had back up ride just in case but that morning i was notified to late of everything and yes i shoud have taken off work but didnt feel i could with all the court dates i had been having with my sons mother because in the state of illinois if you have a child out of wedlock, even though he lives and lived with you his whole life and you cared 100% financially for him, you do not have rights. She didnt and dont want him but she wanted me to pay her support so fought me. I know have won full custodial rights with child support. My son always comes first and that was the end result of what i was thinking that morning when i did drive my vehicle with out completing the steps after i completed the restricted permits.

    Im not looking for an out. i am looking for a way to do what is wanted from me for the state and still be able to care for my son. He is 8 and i have struggled his whole life to keep his mind at ease with his uneasy feelings about his mother.

  • Sun, Mar 9 2014 12:45 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on Mon, Oct 8 2001
    • TX
    • Posts 7,875

    Re: 3rd driving on revoked!!??

    shawng77:
    looking at possible prison time but it is out of my control due to the fact that i am the only person that is here for my son and cant leave him at this critical point in his life where he has mother issues.

    Who did you think will be taking care of him if you are found guilty and sentenced to prison?  Not to be harsh, but if you were offered work release as a plea bargain, why did you decline that offer?  Maybe you you should ask your attorney if that deal is still on the table or if it could be. 

    shawng77:
    Im not looking for an out. i am looking for a way to do what is wanted from me for the state and still be able to care for my son.

    I have to wonder what you think will happen if you are convicted?  UNless you were somehow given probation, instead of being sentenced, you are not going to be available for your son.  Do you have somebody or somewhere that he can stay if you are jailed?  If not, what are the chances that he will end up with Mom? 

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • Sun, Mar 9 2014 1:22 PM In reply to

    • shawng77
      Consumer
    • Not Ranked
    • Joined on Sat, Mar 8 2014
    • IL
    • Posts 4

    Re: 3rd driving on revoked!!??

    She cant care for him or herself. i have already contacted my lawyer to see if i can take plea. might be to late. Even with work release its almost impossible. My friend/girlfriend will help when she can but her job hours and shift change each week. she said her son can help too. I was just hoping for maybe home arrest but not sure which route to go to try to get that if possible. Tried to look up some cases on SIU law library site and to no avail nothing i can use that i can find. just lost and in need of help. I am saying that my lawyer isnt out for my best interest and he is going to further his career by a deal made behind doors with the states attorney. He is a resident of that county and is looking for a better paying career closer to his home and hometown. I didnt realize who he was til after the fact of $2100. I had an attorney before him i paid almost 5000 but that was also for custody battle that had done nil to no work on my case. My original attorney before him was elected judge and that was who i trusted and hired and was out for my best interest. screwed up situation i have myself in. i cant prove any of this about my current lawyer but i know it to be true and cant say how.

    Is it even possible to get home arrest for a crime like this? anything i can research just a finger point in the right direction, i am educated and equipped with my trusty dictionary. Thanks for your bit of time and effort much appreciated

  • Tue, Aug 11 2015 4:33 PM In reply to

    • kickboxer7
      Consumer
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    • Joined on Tue, Aug 11 2015
    • TN
    • Posts 1

    Re: 3rd driving on revoked!!??

    I understand you have to drive. driving on a revoked is bad but there is alot of people out here that has to drive. I got mine suspended in 92 in ILL & had to work no one would take me to work & pick me up & take me home, I had to drive so I know what your going through. I wish you the best.

  • Tue, Aug 11 2015 5:14 PM In reply to

    Wake up, kickboxer7

    This thread is over a year old.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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