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Questions Answered by Theodore J. Harvatin
3 Answers | Asked in Traffic Tickets for Illinois on
Q: Was pulled over and given a court date for not having an up to date insurance but it was up to date?

Could only find the expired insurance card when the police officer first approached. Then pulled up the current one on the mobile app and showed him once he returned from his vehicle. Officer said “I don’t have time for this” and gave me the court date information. Is this legal?

Theodore J. Harvatin
Theodore J. Harvatin answered on Sep 11, 2019

Yes.

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4 Answers | Asked in Traffic Tickets for Illinois on
Q: I have a hearing to get my license back and I'm on supervision do I admit to supervision or can I say no I have not been
Theodore J. Harvatin
Theodore J. Harvatin answered on Sep 10, 2019

One of the questions on the application asks whether or not you have received a ticket or court supervision in the past 6 months. And anyway, they will run your current driving record and the supervision will show up.

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: I am driving in Chicago as a student on my Country’s license . I have been issued a ticket for invalid license .

Is it a valid ticket and will I be charged in the court for invalid license. Rule book says otherwise .

Theodore J. Harvatin
Theodore J. Harvatin answered on Sep 9, 2019

Go to the DMV and see if you can get a temporary visitor's driver's license. If you can that may help you in court.

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4 Answers | Asked in Traffic Tickets for Illinois on
Q: I got pulled over for going 81 in a 50. Instead of arresting me and towing my car, the cop gave me a ticket and court,

I’m required to go. What should I expect? First time offense. First time being pulled over. License Suspension? It says “Method of Release $1500” on my ticket.

Thank you

Theodore J. Harvatin
Theodore J. Harvatin answered on Sep 6, 2019

The $1500 thing is not relevant.

No license suspension.

However, at your speed, it is no longer just a speeding ticket; it's a crime. I recommend a lawyer.

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: Promise to comply? (Lake County, IL)

I'm having trouble interpreting my ticket. Got pulled over for speeding, going 20 miles over on highway. Not a new driver, but first offence. Ticket has no dollar amount listed on it, and box ticked that I "promise to comply". What does this entail? The paperwork with the ticket mentions... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Sep 1, 2019

Promise to comply means no cash bond was posted. To promise to pay or appear.

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: Do I have to pay court fines before a "hold" is lifted off my license? So I can apply for one in a new state?

I got a DUI in Illinois in 2013. I got court supervision but left the state for good before I could complete it. I can't apply for one in Virginia until the "hold" is lifted in Illinois but the fines total almost $6000 dollars in Illinois. I don't have anywhere near that amount and I don't plan on... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Aug 28, 2019

You are not going to get very far with a failure to pay suspension. Even if they accepted the packet and even if you succeeded, they will not clear you until it’s all been paid or you manage a payment plan or some other agreement with the county where the fines are unpaid. The secretary state... Read more »

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: If a traffic is pending against me, does that mean that since I didn't pay it that it is still pending?

Got a DUI in 2013. Moved away before my court supervision was done and my license was revoked. I am trying to do this out of state packet for reinstatement and having a hard time understanding "Do you currently have any traffic tickets pending against you in Illinois or any other state?" I didn't... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Aug 27, 2019

If you answer yes they will kick the packet back to you and tell you to resolve the ticket. As long as there is not a failure to appear suspension on your record or a warrant, you are not considered pending. Sounds like you got supervision, did not complete the terms, they filed a petition to... Read more »

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: If I got pulled over on a suspended license, but fixed it before court do I plead guilty still or not guilty?

The pull over was in Peoria, I knew they had been suspended before but they were still suspended due to financial reasons out of my control and since I’m in college and was not working at the time so I had to depend on my parents to pay things for me.

Theodore J. Harvatin
Theodore J. Harvatin answered on Aug 22, 2019

Listen to the offer the prosecutor gives you, If it sounds OK, accept and the judge and prosecutor will walk you through it from there. (you will be admitting guilt). If you don't like the offer tell the judge you want a trial or a continuance to get a lawyer. That in effect is a not guilty plea.... Read more »

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3 Answers | Asked in DUI / DWI for Illinois on
Q: In Illinois, do all summary of suspension get sent to the secretary of state automatically or is it up to the

Prosecutor? Mine happened on private property and my attorney is reluctant to file the petition to rescind SSS because he says the don't all get sent. I dont agree nor believe that. I'm going to fire him and I just hired him.

Theodore J. Harvatin
Theodore J. Harvatin answered on Aug 22, 2019

It’s the police officer’s job. If the SSS has not been sent in there is nothing to rescind. Let him do his job.

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4 Answers | Asked in Traffic Tickets for Illinois on
Q: I am on court supervision for 90 days and am 6 days away from 90 and got a speeding ticket what now

I got a speeding ticket going 73 in a 55 what are the penalties I could face will they just count the court supervision because it is 6 days from ending as I have a rather clean driving record.

Theodore J. Harvatin
Theodore J. Harvatin answered on Aug 14, 2019

I doubt it they are going to file a petition to revoke the first supervision, based upon the new ticket, within six days. Ask for supervision again

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: currently on 2 supervisions , just received another speeding ticket. Could i get enough court extensions to pass them?

under 21 and i have 2 supervisions (both for speeding ) . Could i possibly keep extending the court date of the new ticket so that I can clear my Supervisions ?

Theodore J. Harvatin
Theodore J. Harvatin answered on Aug 13, 2019

If the state intends to revoke, hide in the weeds probably won’t work.

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: I am 21 and received three speeding tickets within 1 month. These happened in three different counties in Illinois.

May I ask for court supervision on any of these tickets? And if so which one? It seems if I ask for it on the 1st ticket, it could be revoked due to the 2nd and 3rd ticket.

Theodore J. Harvatin
Theodore J. Harvatin answered on Aug 12, 2019

You can have two in a year. It's not necessarily true they would revoke the first one. The second and third offenses would have occurred before the supervision was granted.

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4 Answers | Asked in Criminal Law and DUI / DWI for Illinois on
Q: Will the judge change my charge from a misdemeanor to a felony for not accepting the plea deal?

I got a DUI a couple months back, and the judge gave me a plea deal which would make my charge a misdemeanor. Whenever I got the DUI, I didn’t have my license at the time. I did not know that I had to have a clean drug test to the court before a month in advanced, and there was still marijuana in... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Aug 8, 2019

The judge does not make charging decisions or downgrade or upgrade charges. That is up to the prosecutor. Since it sounds like you violated the terms of the plea, all bets are off. They can if they wish upgrade it but are not required to do so. You should find a private lawyer or if you cannot... Read more »

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: 2 speeding tickets within 10 months. Will going to court results a license suspension and for how long?

My daughter is 19 yrs old She got first speeding ticket 09/2018 & paid fine. Second speeding ticket 7/31/2019. Officer told her she was going 10 over but put down 15 over. Also told her that if she does not want conviction, go to court. ??

Theodore J. Harvatin
Theodore J. Harvatin answered on Aug 1, 2019

Suspension only happens for a conviction. Supervision is not a conviction.

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: How long do points assigned to a driver's license last? (Moving violation for cell phone use in Illinois)

I was given two tickets for using my cell phone as a GPS, one incident was August of 2016 and the other was April of 2017.

Theodore J. Harvatin
Theodore J. Harvatin answered on Aug 1, 2019

Generally 3-5 years but that also depends on your overall driving record.

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: Took class for court supervision for a traffic accident. How did ins co. find out an raise my rate
Theodore J. Harvatin
Theodore J. Harvatin answered on Jul 29, 2019

The accident shows up on the driving record even though the ticket does not. That could be the reason. Or the other driver filed a claim against your insurance.

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: My 17 year old son got a moving violation ticket 10/2017, one in 6/2019 (speeding)-took class so not counted, and

One on 6/14/19 for failure to reduce speed to avoid an accident. With the graduated license program he is likely to lose his license if plead guilty. What is the best way to handle this to see if can keep his license?

Theodore J. Harvatin
Theodore J. Harvatin answered on Jul 25, 2019

Go to court. If the other driver does not show up-they usually don't if there was insurance and there were no injuries-the case will probably be dismissed (ticket dropped). If driver does show, ask for supervision. Even if that does not work, this would be his first conviction so his driving... Read more »

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4 Answers | Asked in Traffic Tickets for Illinois on
Q: Does court supervision prevent insurance companies from raising your insurance?

I had two court supervisions but when i looked myself up they were still on file, is a court supervision a conviction?

I also just got a third ticket for speeding over statutory limit 21-25

Will i get a suspended license for having 2 tickets with court supervision and a 3rd ticket... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Jul 18, 2019

It is not points but still shows up on the non public record.

You will not get suspended for one ticket regardless of the points

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: Will my license still be suspended if I plead guilty with court supervision?

I received a minor traffic violation last year as a 16 year old and plead guilty without court supervision. I got another minor traffic violation yesterday. If I plead guilty with court supervision this time and take a 4-hour traffic school class, will my license still be suspended?

Theodore J. Harvatin
Theodore J. Harvatin answered on Jul 14, 2019

No.

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4 Answers | Asked in Civil Litigation, Criminal Law and Traffic Tickets for Illinois on
Q: Do the courts verify validity of insurance once a case is dismissed?

I went to court today to prove I had valid insurance. My case was dismissed. Do the courts contact the DMV to verify my insurance. I don’t want my insurance company to drop me because of this small incident where I couldn’t find my insurance card. Should I expect any correspondence with the... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Jul 11, 2019

No. They don't have time to do that.

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