Mowimy Po Polsku - Se Habla Espanol

Barry Boches & Associates

How Common Are Out Of State Arrests Or Charges In Illinois?


With a system of highways running through on the interstate in Illinois from Wisconsin and Indiana, arrests tickets for people from out of state are common.

Common Charges That Out Of State People Face In Illinois

The most common charges that people from out of state face in Illinois are typically traffic violations, which include speeding and suspended licenses. More recently, there has been a surge of tickets for cell phone use while driving as well. The state police and the local sheriff’s are out in numbers and that’s basically what they are looking for and it’s pretty easy to find. It’s like fish swimming upstream; as they are coming, people are going to speed and get pulled over.

Is It Common For Out Of State People To Get Charged With A DUI In Illinois?

It is very common for people who live out of state to get charged with a DUI in Illinois. These usually take place later at night. It is usually people trying to come home from Indiana through Chicago or Wisconsin back to Chicago or vice versa. Often they have a little fender-bender and then police may suspect they had been drinking.

Can An Out Of State Person Post Bail If Arrested In Illinois?

Whether or not someone from out of state will be able to post bail or not, depends on the county and what their practice is. It also depends on how serious the traffic offense is. For example, a DUI is a jail-able offense so the courts are usually not just going to issue a ticket and let you go.

In addition if you have any offense that is jail able, such driving on a suspended license or a DUI and if you have an accident with injury, they are going to definitely make you post bond. Sometimes they will let you post your license, or your license plus $100, some monetary assurance. In those cases they’ll bring you into bond court and make the judge tell you what to post.

Is Someone Restricted From Leaving Illinois During A Pending Case?

The conditions of most bonds are that you remain in the state of Illinois but on something minor you will most likely be able to leave and then come back. It’s not really realistic for someone who gets a charge like that who lives in Ohio, for example, to stay in the state for six weeks awaiting a court date. So in most minor offense cases they will give you a permission to leave the state. However, a typical condition of a bond is that you are not supposed to leave the state.

Will A DUI Conviction Transfer Back To Your Home State?

It absolutely will transfer from one state to the other but it depends really what the sentencing provisions are for that state. The most common example is with a DUI. If you are a Wisconsin driver, and you get an Illinois DUI, you would usually get something called court supervision, which means you would pay a fine to a school, but at the end of that year, the case is dismissed without any conviction. Illinois is the only state that has that.

If you are from Wisconsin and you come down and you get your court supervision, they will send it up to Wisconsin but they won’t do anything because it’s not a conviction. However, they will mark it down so if you happened to get another DUI and it is in Wisconsin, the second one will then be criminal.

Now, if it was the other way around and you are an Illinois driver and you go to Wisconsin and you get a DUI, they don’t have court supervision. The first time you get that first DUI, if you are convicted, they are going to send that down to Illinois. Illinois will then treat it like a conviction and will take your license for a year. It doesn’t matter that Wisconsin didn’t have that as an option. Illinois will look at it as if you were convicted.

For more information on Out Of State Arrests In Illinois, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

Related Articles

Related Topics