As a client of the Law Offices of Winer & Winer you will be well-represented by attorneys who really know their stuff.

The following legal articles were written in a leading Law Journal by David J. Winer of the Law offices of Winer & Winer.  Feel free to read as many articles as you find relevant to your situation or for nothing more than general knowledge.  You can never be too prepared.

 

 

“Formal hearings before the Secretary of State Hearing for Restricted Driving Permits and Reinstatement”

The revocation of driving privileges is one of the most serious long term consequences of a DUI conviction while penalties for a DUI based Driving While License Revoked ticket are extremely harsh. Defendant’s convicted for Driving Under the Influence (DUI) face increasingly complex administrative hearings before the Secretary of State (SOS) to obtain a Restricted Driving Permit or reinstatement.  Continue reading here…

 

 

 

 

“Informal Hearings before the Secretary of State For Restricted Driving Permits and Reinstatement”

In Illinois there are no shortage of ways to get your license suspended or revoked. Under the Illinois Vehicle Code at 625 ILCS 5/6-206 there are currently forty five ways to have your driver’s license suspended while under section 6-205 there are thirteen ways to have your license revoked. Predictably, the list grows every year, so practitioners must constantly keep up with the myriad of ways to lose one’s driver’s license and the requirements to obtain a Restricted Driving Permit (RDP) or for Reinstatement. To obtain driving privileges following… Continue reading here…

 

 

 

 

“Non-Illinois Residents, Revocation Holds and Out-of-State Packets with the Secretary of State”

In our highly-mobile society it is common for people to move to another state. Whether it is for employment or just a change of scenery, every year many millions of American move to another state and Illinois residents are no exception. But, due to the National Registry’s driver’s license data system, it has become harder to leave Illinois in your rear view mirror, and not merely in a figurative sense.  Continue reading here…

 

 

 

 

“Secretary of State Hearings for Illinois Residents with an Out-of-State DUI”

The effect on the driving privileges of an Illinois resident arrested for Driving Under the Influence (DUI) in Wisconsin, or any other another state, is vastly different than being arrested in Illinois. Although, this article will primarily deal with Wisconsin DUI’s much of the information applies to any state.

In Illinois, the great majority of first offenders receive Court Supervision which is defined as “A disposition of conditional and revocable release without probationary supervision, but under such conditions   Continue reading here…

 

 

 

“Undocumented Residents: Temporary Visitor Driver’s License (TVDL) and Cases of Fraud with the Secretary of State”

For non-citizens, the inability to legally drive has put many uninsured and unskilled drivers on our roads. When a person needs to drive for employment if they do not have a license the priority of work and family usually outweighs the risk of getting a traffic ticket. In 2013, the law now allowed otherwise non-eligible individuals to legally drive by obtaining a TVDL-Temporary Visitor Driver’s License. To have these people insured and properly registered with the Secretary of State makes our roads safer by increasing the number of insured motorists and compels TVDLs holder to be more responsible and careful.  Continue reading here….

 

 

 

 

“New Legislation for Secretary of State Hearings and DUI Offenses, Effective January 1, 2016”

On January 1, 2016, several new laws go into effect relating to Secretary of State Hearings and Driving Under the Influence offenses. As with any newly penned legislation, many of them will be subject to varying interpretations, and in time, will become settled law. For practitioners in this area, these changes will have a significant impact on many of our clients. As anticipated, many of these laws increase the use of Breath Ignition Interlock Devices commonly called a BAIID. The staff of the Secretary of State is currently preparing new administrative rules regarding the increased issuance of… Continue reading here…

 

 

 

 

“Minor Traffic Tickets”

The vast majority of drivers who receive minor traffic tickets simply go to Branch Court and plead guilty. Ordinarily, the judge will give supervision with a fine and/or traffic school. On minor traffic violations this disposition is not sent to the Secretary of State and will not affect driving privileges or insurance rates. However, if the driver mails in the fine, pays the ticket over the counter to the Clerk or fails to appear in court a conviction is entered.  Continue reading here…

 

 

 

 

 

“Another method to vacate a conviction following a failure to appear and entry of a drivers license forfeiture”

Most attorneys who practice traffic law are intimately familiar with a 2-1401 Motion to Vacate which is the favored method to remove a Bond Forfeiture conviction from a Defendant’s driving record following a failure to appear. However, the discretion of the prosecution to object on the basis of jurisdiction involving judgments that are more that two years old is a severe limitation.  Continue reading here…