QUESTION
can i dispute a traffic ticket in Illinois?
Asked on Sep 24th, 2014 on Traffic Violations - Illinois
More details to this question:
Hi my name is Jaime and I just recently got a ticket in Chicago for driving while on my cell phone, the issue I have is that I wasn't on my phone, my phone wasn't even in my hand it was tucked away in my fifth pocket in my jeans with the seat belt fastened over it, i was driving with my hand on my face singing or talking to myself, whatever the case may be i wasn't on the phone, the officer said to me " Well to me it looked like you were on the phone". And proceeded to write me a ticket anyways. Now i need to go to court and I have a feeling that their going screw me over and force me to pay a ticket I don't deserve. The officer told me I can dispute the ticket in court, but a friend of mine told me she got a ticket in Chicago and the judge wouldn't let her speak to explain her case. So my question is; is there any way I can beat this case or am I doomed to pay a ticket that was wrongfuly issued. Thanks.
1 ANSWER
Criminal Law Attorney serving Naperville, IL
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Law Office of Ken Wang
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You are innocent until you've been proven guilty beyond a reasonable doubt. You have the right to plead guilty, and you also have the right to ask for a trial. The trial can be a bench or jury trial. A bench trial is a trial in front of a judge, where the Judge will decide whether you are guilty or innocent. A jury trial is in front of 12(ish) members of your County, who will decide whether you are guilty or innocent. Your friend probably was not permitted to explain her case because it was the wrong time to explain her case. She does not get to explain her case unless she asks for a trial. Explaining her case at a regular pre-trial session is her making admissions that she shouldn't be making, so Judges ask them to be quiet in order to not potentially incriminate themselves.
Some people believe fighting a ticket on principle is important. Other people don't want to deal with the hassle. The decision is yours.
Answered on Sep 29th, 2014 at 3:11 PM