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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33250
Experience:  Began practicing law in 1992
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My brother (age 56) and I (age 52) are both adults who live

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My brother (age 56) and I (age 52) are both adults who live with our mother (age 82) in her home. We live in Illinois. My brother has not had a driver’s license since 1996. He had a DUI in Illinois many years ago (35+) after which his license was reinstated. He lived briefly in Texas, then moved to Florida for several years; His Florida driver’s license was suspended when he got a DUI I believe in 1996. For his Florida DUI, he was supposed to pay a fine, do community service, complete a course and maintain contact with a probation officer. He had no money to pay for a course, didn’t complete community service and fell out of contact with the probation officer because they were never available (he says), which caused a warrant to be issued for him. My mother paid the fine; however, my brother never contacted probation again out of fear of going to jail. (I thought it was better for him to risk going to jail for few days in order to get the thing straightened out, but what do I know.) He moved back to Illinois in 1997 without resolving the issue in Florida, and has been driving my mother’s cars without an Illinois license since then. He has a State of Illinois ID card, but is afraid to pursue application for a driver’s license because they will ask him about his past. His lack of a driver’s license prohibits him from getting a job, and I am assuming he will not be able to own, license and insure his own car when my mother passes away. It is now 2013. This has been a major worry for me for years, and I would like some idea of how to rectify this situation. 1) Is there a statute of limitations on this sort of thing? 2) Do we need an attorney, or can he just go to Illinois SOS and apply for a driver’s license? 3) Are there attorneys out there who can navigate this kind of problem, and how much will it cost? Thank you.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

I'll answer your questions in the order and by teh number that you asked them.

Customer:

ok

JD 1992 :

1) No, not that would apply in this case. Since it was probation the statute of limitations doesn't apply and, in addition, since he "skipped out" it is tolled anyway.

JD 1992 :

2) He is probably going to need an attorney int the state that suspended his license originally to work everything out.

JD 1992 :

3) He would need to look for a criminal defense attorney and he can find one at www.lawyers.com.

JD 1992 :

Once he gets the issues worked out in the original state then IL won't hae any problem with him getting a license.

JD 1992 :

The FL probation would appear to be the big deal in the facts scenario you described.

Customer:

Can these issue in Florida be worked out "in absentia?"

JD 1992 :

Sometimes. It depends on the judge and the prosecutor.

JD 1992 :

Since it has been so long sometimes the judge will let him pay a fine and dismiss the warrant and motion to revoke.

JD 1992 :

His lawyer can do that fo rhim.

JD 1992 :

However, some judges will require him to appear.

Customer:

That's what I was afraid of.

JD 1992 :

Skipping out on probation is never good and it only made a bad situation worse.

JD 1992 :

The judges don't like to "reward" bad behavior.

Customer:

I know, but my opinion didn't go very far. Thank you.

JD 1992 :

You're welcome. Anything else I can help with?

Customer:

No. Thank you.

JD 1992 :

Best wishes to you and your brother on this. Please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

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