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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3169
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I recueved a driving on expired or more in state of

Customer Question

I recueved a driving on expired for year or more in state of illinois, i missed first court date , they issued a warrant and i bonded out for warrant and was awaiting court date when i was pulled over again but this time got a driving on suspended, confused about suspendsion because iv only had that one ticket for expured in many years , i called the secratary of state and they said that the county i got the expired ticket had entered a conviction against me and in illinois driving on expired for year is automatic one year suspension, but i asked how a conviction was entered before i even went to court yet and they said that was wrong and needed to remove it , so i called the clerk and they said they didnt enter conviction, that they entered failure to pay but secratary of state says no , they entered conviction, i have been going back n forth and secratary of state says they have to remove it , all there is too it but clerk says its not convction and stae says yes and showed me and yes it is conviction so was entered in error and clerk wont admit to error, now i have suspended liscense , i missed another court date, iv already binded out for over 2k for a charge that carries max 1k fine and i hired attorney , he changed court dates and notified me late as i got there late they entered put another warrant for 3k, the bonds on this lower class mistameenor have alreafy exceeded the max fines and now with new warrant by 5 times, the attorney i hired was no help only made it worse , now because of this error i git driving on suspended and its a huge mess the clerk said they didnt enter conviction, i went back n forth with state and county clerk , clerk says they didnt but secratary of state says they did and they needed to remove it because they cannot remove it , only the county that entered it can remove but that county wull not even admit to it , their clerks office said they enter ed a failure to pay because of warrant but even after i bonded out it wasnt removed so now idk what to do , the secratary of state doesnt even know what to do and clerk that filed just keeps issing warrants , i live far n cant keeo getting back n forth n i gave up because that county keeps telking me to bring in my liscense thats not expired and they will throw it out but i cant bring in liscense because they suspended it and refuse to admit that they did it .... Absolutly lost now.,.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

Good morning. I certainly understand the situation and your concern. Can you share with me the reason behind missing all these court dates?

Customer: replied 1 year ago.
Well the first time, because i was outta state/ i travel alot for work/ and then the second time / i had an attorney and was running late/ i thought the attorney would tell them, i live over hour away from the county that i got driving on expired , then i get driving on suspended and didnt know liscense was susspend, that was outta no where and was not prepared , then i just didnt have ppl to drive me, i live in the country and nearest person i know lives an hour from me, its hard to get around, now my job everything is on line, i have three kids, single mother , i mean its hard now to have to lisvense, if i had a lisvense it wouldnt be a problem but i paid warrants and told them i would if thats what i had to do ...
Customer: replied 1 year ago.
also after they entered a conviction,should i really even have another court date, i tried to fix it , they wouldnt, its absolutly redicluous
Expert:  CrimDefense replied 1 year ago.

Thank you. Allow me a moment to respond

Customer: replied 1 year ago.
Its easier for me to texr because im on a tablet and not very good service where i live on phone
Expert:  CrimDefense replied 1 year ago.

Based upon what you shared above, a motion to vacate the conviction would need to be filed with the court. In the body of the motion, it would need to be explained to the Judge, what has transpired over all this time and how there was an error and/or miscommunication between the State and the Court and how this has resulted in a suspension being reflected on your record, when there is none. Once it is vacated, then you can show the State the error and they will have proof, in writing, that they need to change their records. The court disposition/order is going to control and once the Judge corrects this error, you can then reinstate your license and bring a valid license to court, so hopefully they will dismiss the case or possible reduce it.

Expert:  CrimDefense replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!