The judge considers the circumstances of the offense. Further, the judge must opine word of the day that it would be in the best interests of justice. First, you are not currently eligible to receive supervision if you have received it twice within the last 12 months traffic. Second, you cannot receive supervision for a moving violation if you are under 21 years-old, unless you agree to complete a traffic safety program.
Third, you cannot receive supervision if you are under 21 years-old, are charged with a serious traffic offense, and have received supervision in the past for such an offence.
For example, you are charged with aggravated speeding and have received supervision for a serious traffic offense in the past. There are other limits to receiving court supervision in Illinois.
Court Supervision is a criminal sentence that is imposed on the majority of misdemeanor cases in Illinois. This is especially true if this is your first criminal case and the case did not involve violence or serious injuries to anyone. Court Supervision is very common in traffic cases. If you are pleading guilty to a criminal offense and getting Court Supervision, at the time of sentencing, the Court will accept your guilty plea but will not enter a judgement of conviction that will go on your criminal record.
Instead, the Court will impose a sentence and will set a final termination date to determine if you lived up to your end of the bargain and did everything the Court wanted you to do. Most of the time, if you are pleading guilty to a criminal offense, your lawyer will have entered into an agreement with the prosecutor that spells out all the terms of your sentence.
One way to think about Court Supervision is to think of it as being like Court Probation. Like I tell my clients, when you plead guilty, the Court will take your guilty plea and leave it in the Court file until the final termination date.
If you successfully complete your Court Supervision sentence, the Court will remove your guilty plea from your file and will tear it up and not put it on your criminal record. Among the most common traffic violations are speeding, running a red light, and failure to provide proof of insurance.
Other violations drivers may commit include disobeying the Child Passenger Safety Act; DUI; drag racing; reckless driving; leaving the scene of an accident where property damage, injury or death is involved; fleeing to elude police; and failing to wear a seatbelt while driving. Illinois also recently passed a law prohibiting texting or using a cell phone in any way while driving. If you are stopped by a police officer for violating a traffic law and are issued a ticket, it must include the nature of the charge; the date, time and location of the alleged violation; and the statute or ordinance you are accused of violating.
You will be asked to sign the ticket, agreeing to appear in court on a set date and time or comply with the terms of the ticket if no court appearance is required.
If you fail to sign the ticket, you could face an additional penalty. Your signature is not an admission of guilt; it simply indicates your willingness to appear in court or otherwise pay the required fine.
A police officer has the discretion to arrest you for a traffic offense even if it is petty, but arrests usually only occur in cases of more serious offenses such as DUI.
Certain offenses also may result in the suspension or revocation of your driver's license, such as a conviction for not stopping for a school bus that is loading or unloading children or a conviction for speeding through a construction zone. At the municipal or county level, traffic violations are indicated in ordinances and are usually punishable only by a fine. At the state level, violations are classified as either petty offenses, business offenses, misdemeanors, or felony offenses and may carry more serious penalties.
Felony offenses such as traffic violations where death resulted are usually heard in criminal court, not traffic court. Petty offenses are those punishable by fine only.
They include stop sign and red light violations, most speeding tickets, and lane change violations. In the case of most petty traffic offenses, a court may issue an order of supervision where the defendant has a good driving record. If the defendant complies with the conditions imposed by the court by the conclusion of the supervision period, his or her case will be dismissed and thus will not result in a conviction on his or her driving record.
Class A is the most serious and includes violations such as a DUI, driving 35 mph or more over the posted speed limit, driving on a suspended or revoked license, and reckless driving. If a driver has been convicted within a twelve month period of three moving violations, which include both petty and serious offenses committed while the driver is operating the vehicle, the Illinois Secretary of State has the power to suspend his or her driving privileges for up to six months.
It has been said that driving is considered a privilege, not a right. There are many factors that can lead to losing your privilege to drive, such as not paying fines or being convicted of repeated traffic violations. A police officer issuing a citation must mark one of two boxes that are printed on every traffic ticket: "Court Appearance Required" or "No Court Appearance Required.
If you choose to plead not guilty, your ticket should include detailed information about how to notify the appropriate court of your intention to do so if it is required. Whether you are required to appear in court for your traffic offense or choose to do so to contest the violation, you should always follow certain decorum, which includes arriving to court on time and dressing in a manner that shows respect for the court. The judge who hears your case will begin by explaining your individual rights in a traffic case and will also outline how the court call will proceed.
There are several potentially severe violations, including exceeding the speed limit by 15 mph or more, lane use violations, and using a mobile phone while driving. Receiving court supervision is almost always the best outcome for a traffic violation. However, not every traffic case will result in one. Certain cases will require a more complex legal defense in an effort to waive violations or reduce punishments. Competent and experienced traffic lawyers are your best defense. Traffic lawyers are familiar with the complexities of traffic violations and will allow you your best chance at success in traffic court.
Call us today at or email us at info lawjtlg. Phone Number: Fax Number: Libertyville Office N. Milwaukee Ave. Gurnee Office N. Home Attorneys Timothy M.
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