Legal Question in Traffic Law in Illinois
extradition for traffic offenses
i have a friend who has left the state of illinois under the following circumstances. i want to know if can you be extradited back to illinois from another state (nevada), if you leave illinois to avoid prosecution for DUI, and a subsequent charge of driving while license suspended (for the DUI)?
2 Answers from Attorneys
Re: extradition for traffic offenses
A warrant most probably issued when he did not appear at court. That warrant went to NCIS. If he gets arrested in NV, he might be taken back to Illinois.
Re: extradition for traffic offenses
The answer to your question depends on a variety of factors. In the first place, when the defendant failed to appear on the DUI, or for that matter on any charge, the court where he was supposed to appear probably issued a warrant for his arrest. The Court may have also had the additional charge of "failure to appear" brought against the defendant. The warrant gets entered into several different nationwide data bases, so law enforcement officials across the country can access that information. If your friend gets picked up anywhere, or pulled over for a traffic ticket anywhere, it is likely that the officer will run the record and see the fact that there is an outstanding warrant. Then your friend will be held in custody until it is determined what the Court in Illinois wants to do. In my experience, it is unusual for a state to go to the trouble of extradition on traffic cases. However, if the DUI was not your friend's first, or if there are any other circumstances we don't know about, then it is more likely that Illinois would do so. In any event the problem will not just go away. I would suggest that your friend hire an attorney and try to take care of these problems now before things get worse.
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