Published Legal Articles

Legal Articles from Waukegan Law Offices of Winer and WinerThe attorneys at the Law Offices of Winer & Winer are well-respected in the legal community.  One reason is that they are active in publishing legal articles that contribute to the advancement of the profession.

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

The following articles are examples of the work created by the attorneys at 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.

 

Temporary Visitor Drivers License“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 Legistlation“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…

 

 

 

Get Your Drivers License Back“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“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…

 

 

 

Out of State Hearings“Illinois 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.

An out of state resident who received a Driving Under the Influence (DUI) conviction in Illinois and possesses a valid license from their state, upon expiration of their license, they will be prohibited from renewing it… Continue reading here…

 

 

Illinois Residents with Out of State DUI“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…

 

 

 

Second Chance Probation and the Offender Initiative Program“Second Chance Probation”

With the recent pronouncement by Lake County State’s Attorney Michael Nerheim of the creation on the Alternative Prosecution, whereby certain nonviolent offenders could have their arrest erased from their permanent record, it is a good time to review two little-known and even lesser-utilized statues that could likewise have defendants avoid having a permanent criminal record: Second Chance Probation (SCB) and the Offender Initiative Program (OIP). While the State’s Attorney’s Office does not intend to utilize these statues in its program, it is still important for criminal defense practitioners to be aware of them should a client not be accepted into the APP but is otherwise eligible for the alternative dispositions offered by SCB and OIP. While similar in many respects and different in others, it must be kept in mind that both statutes have one important proviso in common – they are only available with the consent of the State’s Attorney’s.  Continue reading here…

 

“Collateral Damage”

Criminal defense practitioners understandably concentrate on the immediate strategy involved in a pending case.  With a focus towards the potential sentence, most attorneys rarely cast an eye beyond the potential consequences imposed in court. However, the impact of a conviction can extend well beyond the confines of the court system. Defense attorneys should be aware of, and take into consideration, those extra-judicial consequences.  Continue reading here…

 

 

 

Article - Minor Traffic Tickets“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…

 

 

 

 

Waukegan DUI Lawyer Article“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…

 

 

 

 

Waukegan Criminal Lawyers Be Aware“Criminal Practitioners Be Aware of the Effect of a Drug Offense Conviction on College Financial Aid”

On July 1, 2000, the Federal government announced that the amendment of section 484(r) of the Higher Education Act became law and has serious consequences for college students who are convicted of a drug offense and receive financial college aid under Title IV. The amendment to the Act, which was signed by President Bill Clinton, represented an important development in the public attitude toward student drug use and the receipt of federal financial aid. The potential severe consequences on the client’s college aid must be recognized by any legal practitioner who represents a student charged with a drug offense.  Continue reading here…

 

 

 

“Hal Winer receives his High School Diploma, 68 years Late!!!”

There was a sense of fatigue and serenity on the plane as the ninety WWII veterans settled in for the flight back to Chicago from Washington, DC.  The had all been up very early before boarding a 4:30am flight to visit the World War Two memorial with the Honor Flight Chicago.  It was a long day for these aged veterans who averaged 85 years old and several were in their nineties.  Almost all of them were in wheel chairs.  But the trip was not over as these WWII vets were unaware what lay ahead for them in just a few minutes…  Continue reading here.