A traffic stop occurred on April 7th, 2009 - although the individual was taken to the police station no citations were given, and no i-bond needed (police sargeant released individual) However, vehicle individual was driving was towed. The traffic stop occurred in Dupage County.
April 8th - individual picked up vehicle from towing company
On August 27th individual went to the Rolling Meadows (Cook County) Courthouse to clear up any outstanding issues with D.L. (Local DMV instructed individual to go to courthouse to get D.L. back) All fines were paid, and Driver License was returned to individual.
On September 22, individual was clearing out home (due to foreclosure) Dupage County Police stopped by and asked for everyone's D.L. on property to run checks. Everyone checked out - no one had any outstanding warrants. Dupage County policy let individual/family clean out the remainder of items in home.
February 2, 2010 individual is pulled over and arrested for driving on a suspended license in Cook County. Individual is told by Cook County Police officer that there is warrant out for their arrest from a town in DuPage County. From Cook County police department individual was transported to Dupage County town.
There individual was told back in October, 2009 new evidence was found from the April 7th traffic incident and citations were issued and a warrant was placed for his arrest. The tickets are: driving on suspended license, driving with no insurance, improper lane usage, failure to yield to an emergency vehicle, and another one to due with driving on a suspended license that was similar to the other driving on suspended. Plus the individual was charged with a DUI. No breath test, or blood test was ever administered or refused. All the tickets show there was an I-bond, but no paperwork has been provided as to who bonded this individual out. The ticket citations are all dated April 9th, not the 7th which is the correct date of the traffic stop.
4 out of the 5 traffic violations have the same streets listed, but the 5th one has different streets listed (this is the one failing to yield to an emergency vehicle).
My question is can the police department create these tickets 6 months later, never produce or explain the new evidence, and never notify the individual (which maybe they sent to the user's home which has been foreclosed and the forwarding information at the post office had expired)?
Any suggestions to this situation would be helpful.
2 Answers from Attorneys
You NEED an attorney.
You will be facing these charges in court. An attorney will sort the mess out and hopefully get most if not all the charges dismissed/dropped.
You will need to confront these charges to get your license reinstated.
Feel free to contact me if you have any other questions.
Yes they can. They have 18 months to file misdemeanor cases. You can probably get them dismissed based on the facts you have given, but you will need a lawyer so the prosecutors dont try to add new charges etc.
call me if you have any other questions.
630 928 01000
www.maybrookdui.com
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