Traffic Violations Legal Questions

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

Depends on what you were charged with.  If the charge is careless and imprudent driving, then yes, that woud be a Class A misdemeanor punishable by up to a year in jail, and/or a $1000 fine.  If the other driver was hurt, you could be looking at a felony vehicular assault charge.  In either event, you should retain counsel. Thank you,   Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read More

Pleading not guilty and waiving your right to a speedy trial should give you the time to seek an attorney.  Additionally I would recommend informing the Court that you request additional time to seek counsel.  I know several of the traffic courts in NE Ohio schedule pre-trials months after a not guilty plea so you should have plenty of time to find an attorney.  Additionally, if you find an attorney between now and Wednesday, most of the time they will be able to file a Notice of Appearance and Entry of Not Guilty Plea with the Clerk of Court.  This would alleviate you having to take time off work to make this appearance. ... Read More

I cannot give you specific legal advice, but you can either pay the fine as collateral with a signed plea of "not guilty," and mail it in. You can appear in person at the district judge's office with a plea of "not guilty" and not have to post collateral. There is a third option allowed by Pennsylvania law, but rarely used, is to "stand mute." The district judge has probably not ever had this happen before, but you can go to his office, tell them that you are there to defend your traffic ticket, but wish to "stand mute" as to entering a plea. The court, once they figure out what to do, will then enter a plea of "not guilty" on your behalf, but without you having pronounced yourself "not guilty."... Read More

you may be able to resolve this 'unanswered traffic summons' without returning to NJ by using an attorney to prepare a 'certification' explaining what happened and why you cannot return to NJ. however, the cost for the attorney would be substantial and the 'contempt' fine will be large. please let us know if we can help. ed dimon, esq.... Read More

Please be advised that my answer in no way creates a lawyer/client relationship.   I am both a S.C. board certified internist and attorney. The date a ticket is written is what is important.  An error is just an error, as we all make them.  You need to show up on the court date, and with or without an attorney (the latter is preferrable) and pursuade the officer to dismiss the ticket.  You may also request a jury trial or you may simply present your case (preferrably with an attorney) to the judge.  The date error does is not grounds for dismissal, but can be discussed with the officer or judge. Michael G. Sribnick, M.D., J.D.  Attorney at Law www.michaelsribnicklaw.com... Read More

the basis for the 'stop' is 'reasonable suspicion' that a law was being broken. the officer will testify that he was of the opinion that you were doing 55 mph in 45 mph zone. he will have to support that testimony at trial. if he cannot, you win. you need to decide if you want to spend the money on legal fees. a trial is very expensive. you would be in a better position if you negotiated with the prosecutor for a lesser 'no point' offense. please let us know if we can help. ed dimon, esq.... Read More