Illinois Traffic Violations Legal Questions

You should retain a criminal defense lawyer who can go to the Clerk's Office, review the court records, and compare that to what you have to say to prepare to make the best presentation possible.  The bottom line is that since you have a warrant, you need to turn yourself in. The best way to possibly do that is to have your lawyer file what is called a motion to quash the arrest warrant. In plain English, that means that it's a request for the judge to tear up the warrant and not take you into custody.  Then, on that court date, the lawyer and you appear so the argument can best be made to keep you out of custody.  This should be done immediately. The longer you wait, the worse your chances are of remaining out of custody.    Hope this helps. ... Read More

That''s going to depend on the traffic violation. So there's not enough information here to answer the question.  Some traffic violations are fine only. Some are misdemeanors that carry a maximum of 364 days in the local county jail, and some are serious felonies that can lead to serious prison time.  Unless he posts bail per the current orders, he'll remain in jail until the case is over. If he gets sentenced to jail or prison, he will be earning credit for time served.       ... Read More

Your ticket is a must appear because of the insurance ticket. That causes both tickets to be "must appear".  If you bring your current insurance card that covers the vehicle itself, the Lake County State's Attorney's Office should dismiss the ticket.  Then you just need to resolve the regular speeding ticket.  If you have minimal prior criminal history, most places will allow you to have supervision.        ... Read More

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.  ... Read More

The minimum penalty will be some sort of fine, plus a conviction on the class A misdemeanor. The maximum penalty will be the maximum on a class A Misdemeanor: Fine of $2,500 and one year in the County Jail. The probable penalty depends on what County you committed the offense in.  Some Counties are willing to work with Defendants, some are not.  You are more likely to get the minimum or below the minimum though than the maximum.  It also depends on what your prior criminal history is. Your license may be in danger. The most common form of endangerment is "too many tickets". If you have been suspended before, you will likely be suspended.  If you have not been suspended before, your license will likely depend on what the final outcome of your case is.    ... Read More

No Court Appearance Required box was checked in error. All accidents that result in damage require a court appearance.  What happens depends on your jurisdiction, but most will offer you supervision once you appear.  However, there may be some collateral consequences if you plead guilty - namely you are opening yourself up to a civil lawsuit for failing to reduce speed.  You may want to consult with a local attorney about the facts of your case.    ... Read More

Something seems a little incorrect here.  Sr-22 is a type of high-risk insurance required for people that have gotten an insurance ticket before.  Depending on what actual insurance your boyfriend had, if the car itself was covered on the day you were pulled over then they should not have done anything to you when you first showed up to your own court appearance.  If your license is suspended for SR-22 though, you can go out and get SR-22 yourself in order to become eligible to drive again.  You may want to consult with a local attorney.    ... Read More

It depends on how old you are, or whether you are a commercial driver's license holder. Most people are looking for something called "Court Supervision".  If you are a commercial driver's license holder, Court Supervision will not really help you and you should probably get an attorney.    ... Read More

I think you are hoping the "average" miles per hour you traveled is the same thing as the speed the Officer caught you at.  Here is an example to show it is incorrect: You travel one mile, at one mile per hour = 1 hour travel time at one mile per hour. You travel one mile, at X speed = 1 hour average travel time, at X miles per hour. In the first example, you know you are only traveling at one mile per hour the entire hour. In the second example, you could have traveled at different speeds during the hour. For example, for 1 minute you could have traveled at 60mph, and for 59 minutes, you could have been stuck in traffic unmoving. Whether you get an attorney or not is going to depend on how confident you are that you understand what needs to be proved against you.  Simple math does not appear to aid you.      ... Read More

Assuming what you say is true and the evidence at the trial matches up to what you are saying, you will likely be found guilty.   What most people are looking for when they say "I don't want it on my record" is they want a disposition of Court Supervision. Court Supervision is not a conviction.  It only shows up to certain people on a driver's abstract request.  The vast majority of my clients are very happy with a disposition of Court Supervision.  ... Read More

If you plead guilty without going to court in August of 2012, then you were probably convicted. If you received another speeding ticket since then, and plead guilty, your license will likely be suspended under the 2 in 24 rule (2 convictions in 24 months will suspend your license). I recommend seeking an attorney so that you can negotiate for a disposition of "Court Supervision", which does not count as a conviction.  ... Read More

Suspensions are usually not for unpaid fines. Usually they involve a failure to appear to the Court with a default judgment, or else it is the insurance suspension. Although it may say "yes" on your driver's abstract with an FP, all that does is prevents you from renewing your license.  Depending on the classification of exactly why you were suspended, Driving While License suspended is a Class A Misdemeanor punishable by a maximum fine of $2,500 plus 364 days in the County Jail.  A conviction would also typically carry with it the collateral consequence of an additional license suspension with the duration generally being the same duration as the original suspension. Whether you want to hire an attorney is always your decision, but you should understand that you likely have a misdemeanor pending charge against you, not a petty offense like a speeding ticket. Best of luck to you!    ... Read More

There are 3 types of no valid driver's licenses.  Under 625 ILCS 5/6-601, No Valid Driver's License can be a class A Misdemeanor, a Class B Misdemeanor, or a petty offense.  Class A Misdemeanors are punishable by a maximum fine of $2,500 plus 364 days in jail. Class B Misdemeanors are punishable my a maximum fine of $1,500 plus 180 days in the County jail. Petty offenses are punishable by a maximum fine of $1,000 only.  There may be additional consequences through the Illinois secretary of State.   Whether you need an attorney or not is going to depend on the individual facts and circumstances of your case.  There are some cases where an attorney will not provide much value. There are some cases where an attorney will provide value.     ... Read More

Generally speaking, license suspensions go by the date of violation, not by date of disposition.  Depending on your circumstances, a petition to revoke could be filed against you and change your first ticket into a conviction, and then they could convict you of the second ticket. Also, if you have had a license suspension under that rule already, they can suspend you after just one conviction.  Finally, the Illinois Secretary of State has the discretion to suspend anybody's license.     ... Read More

The answer will depend on how old you are.  Generally speaking, if you are under the age of 21, two convictions within 24 months will suspend your license.  If you have had a license suspension under the age of 21 already, one conviction will suspend your license.  If you are over the age of 21, three convictions within a 12 month period will suspend your license.  If you are elderly, a single ticket may be enough to have the Secretary of State seek to cancel your license. Technically, by receiving a second ticket while on court supervision for the first, you are eligible for what is called a petition to revoke court supervision.  The idea here is that Court Supervision was an agreement you made to stay out of trouble. You failed to live up to your end of the agreement, and so they can seek to revoke your Court Supervision and enter a conviction on your record on the speeding ticket, and ask to have you convicted on the new accident ticket.     ... Read More

  Although one can always represent oneself, an attorney who can review the reports and consult with you can best prepare your case. Your issues are complex and this case may, in fact, depending on the outcome, complicate your request to have your prior case expunged.    Please contact an experienced criminal defense attorney as soon as possible.    This posting is for informational purposes only and should not be considered legal advice nor the establishment of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 888-748-4095 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

  Although this is an innovative question, the judge and the attesting officer do not represent the state. The prosecutor represents the state and the officer is the state's witness. The court is a neutral judge of the facts who applies the law to the facts.   If you have been arrested, please contact an experienced defense attorney as soon as possible. That attorney can review the facts with you to determine viable trial strategy. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

   The Illinois Secretary of State is very vigilant regarding old cases which may impact on driver's licenses. Please contact an experienced Illinois attorney who handles such cases.    This posting should not be considered legal advice nor the establishment of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

  Driving without a license is a crime in Illinois. It is always advisable to obtain the services of an experienced criminal defense attorney rather than attempting to defend oneself. Please contact a lawyer as soon as possible before your court date. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

  Please contact your attorney if you wish to withdraw your plea. Under Illinois law, you have 30 days to withdraw your plea of guilty after sentencing. It sounds like you agreed to a negotiated plea with a particular recommended sentence from the prosecution. Please contact your lawyer.   this posting is for informational purposes only and does not constitute legal advise nor the establishment of an attorney-client relationship. Please contact your attorney as soon as possible. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

  It is difficult to predict the outcome of a court case. You have stated information that may or may not be used to mount your defense. Although this is a traffic ticket, it is always a good idea to be represented by counsel to mount an effective defense. Please contact an experienced defense attorney. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More