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April 25, 2007

Oh, Canada...

There's some news from Canada.  Apparently EVERY DUI conviction in Canada is a felony: Add to that. a rule that felons can't cross the border into Canada, and you have another unintended result of Illinois DUI supervision .... and that is.

Canada bars those who receive a DUI in Illinois from going to Canada.

The only problem is that DUI supervisions (are supposed to be a method to) AVOID conviction in Illinois, so that the Canadian rule shouldn't apply.  (Of course you could argue that DUI's shouldn't affect a person's border privileges in any case, but that is a different article).

At the end of supervision for DUI in McHenry County, our courts do not issue an order that discharges the case, as a result, anyone who is crossing the border and admits to a DUI will be turned back.  We can petition the court for an order that dismisses the case and Canada has respected that in the past.

It's unfortunate that laws are not more straightforward.

Ray Flavin

 

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