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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
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Experience:  25 years experience practicing attorney
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I got a DUI in another state a few months ago, and ...

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I got a DUI in another state a few months ago, and some of my friends are making a good point about it so I must ask. The other state only revoked my license for 6 months, because I served the mandatory 7 days in jail. Illinois revoked my license for a full year. My question is shouldn''t I receive a reduced sentence in Illinois as well for time served. Please let me know what I can do or the steps I should take.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 8 years ago.

DearCustomer- I will assume you never went to court for a DUI in IL since the offense occurred in another state. The suspension in IL was most likely an administrative suspension due to the interstate compact and had nothing to do with trying you for a DUI, which would be double jeopardy.

Many states have administrative suspensions in addition to criminal suspensions. You can file an appeal with your department of motor vehicles if you wish but I suspect that if you read the suspension paperwork from IL it will refer to a statute that says the suspension is administrative and not criminal in nature. Other suspensions of this type are for not having insurance or getting too many points accumulated or refusing a breath test.

David Kennett - JD - Attorney at Law

Customer: replied 8 years ago.
Reply to Dave Kennett's Post: I did not go to court in Illinois for this matter. Illinois did not just suspended my driving privileges. I have the letter that says NOTICE/ORDER OF REVOCATION. It states that "action is taken as a result of your conviction in another state for the offense of operating a motor vehicle under the influence of alcohol and/or drugs". I am not to sure what you mean about administrative suspension due to interstate compact, but when I read this letter from the office of the secretary of state of Illinois it clearly states that they revoked my license due to the DUI in another state. This is what is confusing me. I am being punished in both states for the same crime, and Illinois punishment is doubled compared to what I received in front of a judge in Nebraska. Is this double jeopardy?
Expert:  Dave Kennett replied 8 years ago.

I understand and that is why I said it was an administrative suspension because you would have had to go to court for the court to have ordered it and that would be placing you in double jeopardy. As I said, many states have statutes which allow for suspension of a license because of a specific occurrence such as too many points, refusal to take a breath test, no insurance and, I presume in IL, receiving a DUI in another state. You received the suspension because of the conviction itself and not that you were convicted of a DUI in IL.

I really don't know how else to explain this. The IL revocation is NOT a criminal penalty but a civil one whereas the other state's suspension was a criminal penalty under the DUI laws of that state.

Dave Kennett

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