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Questions Answered by Brandon K. Davis
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?

Brandon K. Davis
Brandon K. Davis answered on Sep 11, 2019

It is certainly frustrating that the officer wasn't more patient with you, but not an uncommon situation. The ticket will be dismissed in court if you provide the proof of insurance on your court date.

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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
Brandon K. Davis
Brandon K. Davis answered on Sep 10, 2019

They will likely be aware of the supervision regardless, better not to lie.

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: I have a CDL and got a speeding ticket over 18

I have a CDL and I was pulled over for for a speeding ticket at 18 over.... instead of paying the ticket worried that it would go to my driving record I requested to plead not guilty and go to court in front of a judge not a jury. I drive for a school district and if convicted I could loose my job.... Read more »

Brandon K. Davis
Brandon K. Davis answered on Sep 9, 2019

Because of your CDL, the only way to keep a ticket off your record is by beating it at trial or having the ticket amended to a non-moving violation. Court supervision will not keep the ticket off of your record. If you have a school bus permit, Speeding 15 or more over the limit, even in your... Read more »

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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

Brandon K. Davis
Brandon K. Davis answered on Sep 6, 2019

Speeding 26-34 mph over the limit (often referred to as aggravated speeding) is a Class B misdemeanor under Illinois law. Technically, the maximum penalty is 6 months in jail and a $1,500 fine. However, given that this is your first ticket, the goal would be to reduce the offense and keep it off of... Read more »

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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 »

Brandon K. Davis
Brandon K. Davis answered on Sep 1, 2019

You likely have the option to pay the ticket for a conviction, complete traffic school to keep the offense off of your public record, or appear in court to contest the ticket (or request supervision to keep the ticket off of your record and likely avoid traffic school - an attorney can handle this... Read more »

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: Had taking a defensive driving course in Texas 8 months ago received for a speeding ticket.

I received a speeding ticket in Illinois last night pay the ticket requested safety driving class will that keep it from showing up in Texas my ticket that I got i did not do the full 12 months without a ticket

Brandon K. Davis
Brandon K. Davis answered on Aug 29, 2019

It depends if Texas will recognize court supervision from Illinois. The offense is still supposed to be reported back to your home state, even though under Illinois law, the traffic school would not count as a conviction (and not show up on your public record in Illinois). It is then up to your... Read more »

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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 »

Brandon K. Davis
Brandon K. Davis answered on Aug 28, 2019

Unfortunately, they will not clear the hold until you receive a favorable decision from the Secretary of State and pay off the fines. You would need to file a motion to re-open the case and appear back in court to have any chance to reduce the fines, which would be very difficult at this point.

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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 »

Brandon K. Davis
Brandon K. Davis answered on Aug 27, 2019

Based on the information you provided, I would agree with Mr. Harvatin.

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1 Answer | Asked in Traffic Tickets for Illinois on
Q: What should I do? How bad of a punishment can I get? How likely is this punishment?

I am 19. I just received my first speeding ticket and now I have a mandatory court appearance for going 85 in a 55; I was speeding to make it on time to my class.

Brandon K. Davis
Brandon K. Davis answered on Aug 24, 2019

Speeding 26-34 mph over the posted limit is a Class B misdemeanor - a criminal offense. Technically, it can be punished by a maximum of 6 months in jail and a $1,500.00 fine. However, as your first ticket the maximum penalties are very unlikely. The goal would be to reduce to the offense and avoid... Read more »

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.

Brandon K. Davis
Brandon K. Davis answered on Aug 22, 2019

If your license was suspended at the time of the traffic stop, you are technically guilty. However, the prosecutor (and judge) may be more lenient based on the fact that your license has been reinstated. In some counties, they may even be willing to dismiss the case. You or your attorney should be... 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.

Brandon K. Davis
Brandon K. Davis answered on Aug 22, 2019

The officer, not the prosecutor, is supposed to send a copy of the sworn report to the Secretary of State, which triggers the summary suspension. While sometimes they do fall between the cracks, they are typically submitted and processed. Your attorney may have a strategy and there could be a... Read more »

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: I forgot about a court date august 7th30 day to turn self in or warrant will be issued
Brandon K. Davis
Brandon K. Davis answered on Aug 16, 2019

You can go to the Clerk’s Office and you or your attorney should file a motion to have the case brought in before the judge as soon as possible.

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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.

Brandon K. Davis
Brandon K. Davis answered on Aug 14, 2019

Most likely, they won't be aware of the new ticket before your current supervision terminates. Therefore, it is unlikely that they will violate your current supervision. Also, technically, you can receive court supervision twice within 12 months. It will likely require a court appearance on the... Read more »

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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.

Brandon K. Davis
Brandon K. Davis answered on Aug 12, 2019

As my colleagues have stated you can technically receive supervision twice within 12 months. I would request court supervision on the first, but then you will likely need to appear in person in court to request supervision on the second. You may want an attorney to assist with this. You are not in... Read more »

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: What is the penalty for 1st offense of driving with no insurance?

I moved to Illinois a few months ago and was pulled over for failure to use turn signal. My insurance had just expired and had not yet been renewed as I was looking for cheaper insurance. What is 1st offense penalty of driving with no insurance?

Brandon K. Davis
Brandon K. Davis answered on Aug 6, 2019

If you bring newly issued insurance to court with you they will likely agree to offer court supervision and a fine because it's your first offense. Court supervision will prevent the suspension of your driver's license. A conviction would result in a 3 month license suspension.

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: I got a speeding ticket 10/18 & 02/19 and got supervision for both. I just got a 3rd ticket. All in diff counties. Hel

I am under 21 and am trying to avoid getting my license suspended as I work and go to school. I have done & completed supervision for the 10/18 ticket. I’m not sure if supervision is over for the 2/19 ticket. What can I do to avoid suspension?

Brandon K. Davis
Brandon K. Davis answered on Aug 4, 2019

If your court supervision has also ended for the second ticket (which you should be able to determine by contacting the clerk's office in the county where the ticket was issued), you are not facing a license suspension. It would take two conviction within 24 months to cause a suspension because you... 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. ??

Brandon K. Davis
Brandon K. Davis answered on Aug 1, 2019

It takes 2 convictions within 24 months to cause a license suspension because she is under 21 years of age. The ticket that was paid in 2018 will count as a conviction. She needs to avoid a conviction on the new ticket to avoid a license suspension. She should appear in court. If she received... Read more »

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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.

Brandon K. Davis
Brandon K. Davis answered on Aug 1, 2019

For purposes of a license suspension they are only used for 1 year if you are over 21. If under 21, 2 years.

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1 Answer | Asked in Traffic Tickets for Illinois on
Q: Will a Illinois city citation ticket when paid still be sent to the secretary of state's office?
Brandon K. Davis
Brandon K. Davis answered on Jul 29, 2019

Some do, some don't. Depends what type of offense, what agency issued the ticket and how it was charged by that agency. Generally, if the ticket is payable to the courthouse, it will likely be reported to SOS.

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
Brandon K. Davis
Brandon K. Davis answered on Jul 29, 2019

Unfortunately, the accident can still be loaded on your driving record regardless of the sentence you received on the ticket. It does not count against your driving privileges as a moving violation, but, of course, can be seen by your insurance company.

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