Legal Question in DUI Law in Illinois

Was charged with a DUI in 2002...

I was charged w/a DUI in 2002 and the case was dismissed/dropped because the officer did not show up to court 2 of the 3 times the case was scheduled to be heard. I got arrested in October of 2004 because there was a warrant out for my arrest for missing a court date for this 2002 case. The warrant was issued in July of 2004, can they bring the case back to court for some reason? My license has never been suspended for this incident and I have shown up for every court date. I currently have a perfect driving record and have never been charged w/a DUI since this incident.


Asked on 10/11/04, 3:44 pm

2 Answers from Attorneys

David Shestokas Shestokas, & Associates

Re: Was charged with a DUI in 2002...

If the warrant was issued in 2004, two years after your last court date, then there may have been some mistake in the clerk's office. It is possible however, that though the case was dismissed in 2002, it may have been by way of a motion state SOL, which may allow the state to reinstate the case at a later date. If the record did not reflect your demand for trial, it is possible that the case was reinstated and a warrant issued. A demand for trial when a case is dismissed limits the state's ability to bring the case back. You may be the victim of an error, or you may be facing charges on the old case. In either event you should have an attorney with you when you go to court to be able to properly check the record and see to it that the case is handled properly and your interests protected. If you wish to speak further about this matter our office number is 630-257-8280.

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Answered on 10/12/04, 8:38 pm
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Was charged with a DUI in 2002...

It would appear that someone forgot to recall the warrant. When you go to court, ask the judge to recall the warrant, and be sure that you have a copy of the Order when you leave the courtroom.

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Answered on 10/12/04, 12:06 pm


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