Questions Answered by Jason A. Wilkins

Q: How do I fight tickets in collections so that my licence can be reinstated from suspension?

1 Answer | Asked in Collections and Traffic Tickets for Illinois on
Answered on Jan 23, 2018
Jason A. Wilkins' answer
First, call the cities that issued the citations and ask what they can do. Let them know you are sorry and want to see what you can do to waive some of the late fees. It's a stretch but worth asking. Next, try getting on a payment plan with the collection agency. MAKE SURE YOU VERIFY THAT THE COLLECTION AGENCY YOU SPEAK WITH IS THE ONE THE CITY CONTRACTED WITH. You don't want to pay a scam. If you do enter a payment plan that allows the suspension to be lifted, make sure you can complete...

Q: I’m 17 I got pulled over going 82/55, I have no previous tickets or warnings, I have a court date, what could happen?

1 Answer | Asked in Traffic Tickets for Illinois on
Answered on Jan 23, 2018
Jason A. Wilkins' answer
Hello Asker,

First, you should anticipate having a parent or guardian present with you if you won't be 18 at the time of the court date. Even if you will be, it is usually advantageous to have one anyway.

Second, it is hard to say what can be expected because by definition, 100% of the people who don't hire an attorney won't have an attorney there to witness what happens when someone goes to court without an attorney. What I can say is that there are generally three outcomes...

Q: If a ticket is not signed by the officer nor the violator, is the ticket valid? The police officers badge number was on.

1 Answer | Asked in Traffic Tickets for Illinois on
Answered on Jan 22, 2018
Jason A. Wilkins' answer
To be frank, many clerical errors are permitted on traffic citations. Short of severe deficiencies in the ticket which call into question the officer's judgment or whether they had the right person cited, it is rare for a ticket to be so defective as to warrant dismissal. This is, in my opinion, unlikely to elicit such a response.

Q: I am 15. I have gotten a ticket for failure to have headlights when required. What will most likely happen at court?

1 Answer | Asked in Traffic Tickets for Illinois on
Answered on Jan 22, 2018
Jason A. Wilkins' answer
The odds are good that if you bring in proof that you repaired them, they will likely dismiss the case but it is not a guarantee.

Q: What happens if I don’t take the court supervision class?

1 Answer | Asked in Traffic Tickets for Illinois on
Answered on Jan 22, 2018
Jason A. Wilkins' answer
Hello Asker,

Unfortunately, it is difficult to determine what you are asking but I will try. When you receive supervision, you are still required to do all the terms of that in order to prevent your supervision from being revoked. If you were to take driving class, you must do so. If you have a separate requirement to take driving classes, this does not lift your previous requirement to take it as part of your supervision. From the sounds of it, it sounds as though you received two...

Q: Had a minor fender bender on snowy Rd. Cop said he will not be in court - does that mean I will get off if I show up?

2 Answers | Asked in Traffic Tickets and Car Accidents for Illinois on
Answered on Jan 22, 2018
Jason A. Wilkins' answer
Hello Asker,

Generally speaking, the case must be set for trial in order for that to happen. This is because if the case is set for trial and no one is there to testify against you, they cannot proceed without you being willing to self incriminate yourself. By pleading not guilty (what is done by setting a case for trial), the court recognizes that you are requiring them to prove you guilty which requires witnesses to testify to the events. As the officer rarely witnesses accidents,...

Q: Got a ticket for rear ending someone. Have court on the 19th the guy said he wont show up at court bc my insurance is

4 Answers | Asked in Traffic Tickets for Illinois on
Answered on Jan 3, 2018
Jason A. Wilkins' answer
Hello Asker,

It would require you to plead not guilty. This only applies if the officer did not witness the accident. The reason they dismiss is because technically, the officer's testimony is hearsay. They only can repeat what other people said and that is generally not admissible. The other driver is the only one who can testify against you because you wouldn't/couldn't be compelled to testify against yourself UNLESS you plead guilty. Hence, in order to have the case dismissed,...

Q: My son is 16 he received a ticket for having more than one passenger in the car. Should I request supervision for him?

3 Answers | Asked in Traffic Tickets for Illinois on
Answered on Dec 5, 2017
Jason A. Wilkins' answer
Yes, you should definitely seek supervision but you may need to appear in court. You can call the circuit court clerk of the issuing county to verift whether court appearance is required to get supervision because some counties do not give supervision by mail if you are under 21. As Mr. Davis pointed out, traffic school will be required due to his age. Unfortunately, driving a car with too many people in it is considered a moving violation and if he receives two moving violation convictions in...

Q: I have been in a minor collision (at fault) and given a citation. I have 2 speeding tickets in last 12 months.

2 Answers | Asked in Traffic Tickets for Illinois on
Answered on Dec 2, 2017
Jason A. Wilkins' answer
Hello Asker,

The possible outcome depends on whether you are on supervision still. If you are on supervision for one or both of the tickets, you can have your supervision revoked resulting in a conviction. Two convictions for moving violations in a 24 month period under the age of 21 will suspend you. Since you got traffic school both times, I'm guessing you are under 21. I also am guessing that one or both of your tickets was in McHenry County since they have a tendency to do the...

Q: I got a speeding ticket in state of Illinois with Ca. license. If I get a court supervision will it effect Ca record?

2 Answers | Asked in Traffic Tickets for California on
Answered on Dec 2, 2017
Jason A. Wilkins' answer
Hello Asker,

In general, we work with the assumption that such violations are reported publicly even though they are supervision when it involves out of state licenses. This isn't necessarily a guarantee but I always counsel that they should assume the worst. Mr. Harvatin is right. You should speak to a California lawyer. As for what to ask them, you will need to describe supervision. Just copy and paste this explanation and it should give them a rough idea of what supervision is...

Q: Got a 26 mph over ticket in cook county, il. Took my llicense as bond i thought they stopped this in 2014?

1 Answer | Asked in Traffic Tickets for Illinois on
Answered on Nov 29, 2017
Jason A. Wilkins' answer
Hello Asker,

While it is true that they changed the bond rules in 2014, it only changed them to make this requirement an option. There is no requirement that an officer take your license but it is still an option if they feel it would sufficiently help ensure the ticketed driver attends court. With that being said, you may want to speak to an attorney to discuss how to best handle this citation because it is a criminal misdemeanor.

Hope that helps and let us know if you...

Q: Would it benefit me at all to hire an attorney for a speeding ticket in a school zone I received today?

2 Answers | Asked in Traffic Tickets for Illinois on
Answered on Nov 28, 2017
Jason A. Wilkins' answer
Hello asker,

As Mr. Ooink pointed out, the offense as it is currently charged is not supervision eligible. If you were to attend court on your own, if found guilty, the best you could hope for would be a conviction. This would likely cause your insurance rates to go up and it could affect your driving privileges if you've had other moving violations recently. Because it is a school zone ticket, court appearance is required. Fortunately, it appears that this is not a misdemeanor speeding...

Q: Court supervision

4 Answers | Asked in Traffic Tickets for Illinois on
Answered on Nov 1, 2017
Jason A. Wilkins' answer
Hello Asker,

If you received supervision on two violations that were issued on the same day, you would still be eligible for court supervision though it is recommended that you attend court to have a good chance of supervision or have an attorney appear in court to help you get supervision. Fortunately, you have nothing to fear from a suspension for moving violations. For the purposes of that rule, moving violations do not count if you received supervision and it is not terminated...

Q: I am 17 and got my first ticket, going 30 over in county of dupage , are the consequences serious ?

3 Answers | Asked in Traffic Tickets for Illinois on
Answered on Oct 10, 2017
Jason A. Wilkins' answer
As the other attorneys as mentioned, this is considered a serious moving violation because it exceeds 25 miles per hour over the limit. Also as mentioned by Mr. Harvatin and Mr. Davis the $1,500 amount only applies as a punishment should you fail to appear in court. So long as you appear, there's no need to worry about that amount. The purpose of this section is to provide incentive for you to comply with the court order. This is just one of many methods they use. For example, if they took...

Q: Got pulled over without valid license (expired). Have court date but we live 2 states away, whats the best option?

1 Answer | Asked in Traffic Tickets for Illinois on
Answered on Oct 9, 2017
Jason A. Wilkins' answer
Hello Asker,

Honestly, the best advice is probably just to mail in a guilty plea and $120. You should consult an attorney in your local jurisdiction to see what they think the impact is for a license offense but here in Illinois, they are typically not recorded to the record so there is a possibility it may not appear on your record. In contrast, failing to appear or pay may be interpreted by your state as a suspension worthy offense. In our neighboring Indiana, suspending licenses...

Q: I have received the 11-602a violation ticket and and in next two days i got another 11-602b violation ticket. How bad

2 Answers | Asked in Traffic Tickets for Illinois on
Answered on Oct 9, 2017
Jason A. Wilkins' answer
Hello Asker,

I don't think you meant to say 11-602 but rather 11-601. 11-602 is more of a regulatory provision for 11-601. With that said, 11-601(a) is usually an accident ticket. These are not seen as serious violations so long as there aren't any major financial obligations and no one is seriously hurt. Hence, it is unlikely to make getting supervision on the 11-601(b) speeding.

Fortunately, you are supervision eligible on both tickets because, so long as you haven't...

Q: I received three red light camera tickets in 12 month. Will it result in a moving violations and take my driver license?

1 Answer | Asked in Traffic Tickets for Illinois on
Answered on Oct 9, 2017
Jason A. Wilkins' answer
Hello Asker,

Fortunately no. Because they cannot verify that you were driving the vehicle, red light cameras NEVER count as moving violations. Therefore, the rule related to receiving 3 convictions in 12 months does not apply because it requires they be point offenses (offenses governing the movement of vehicles).

When you review 625 ILCS 5/11-208.6(j) (http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-208.6), it says that they are not moving violations....

Q: speeding ticket court date was on October 4. I paid ticket and receive court supervision. Will this ticket show?

2 Answers | Asked in Traffic Tickets for Illinois on
Answered on Oct 9, 2017
Jason A. Wilkins' answer
Hello Asker,

The best answer is it depends. It depends on the following factors: whether you actually got supervision, what type of license you have, what type of employer you are asking about, and whether you are an Illinois driver. I'll just go one by one.

Supervision by mail or other method other than court appearance is NOT guaranteed. On minor violations, the chance of getting supervision is high but not 100%. With that being said, several factors can greatly reduce...

Q: I got a ticket for failing to yeild. I've only had my Liscense for a month, will i get my liscense taken? I am from IL.

2 Answers | Asked in Traffic Tickets for Illinois on
Answered on Oct 9, 2017
Jason A. Wilkins' answer
Hello Asker,

As usual, Mr. Harvatin is very thorough and correct in this matter. I would only add that if the ticket was the result of an accident, you should consider speaking to an attorney to see how to best go about getting the ticket dismissed. It probably won't require an attorney and you would have a good chance of dismissal in Cook County where it appears the ticket was received if you take the proper preparations.

I hope that helps and let us know if you have any...

Q: I tried to renew my license and found out I have a hold on my license from a 2000 No Insurance ticket in Will County.

2 Answers | Asked in Traffic Tickets for Illinois on
Answered on Oct 5, 2017
Jason A. Wilkins' answer
Hello Asker,

I know one thing...your license was not returned to you. This is simply not possible as you wouldn't possess one with a different address if you changed it since the ticket. A more likely result was that you went reapply for a new license PRIOR to the failure to pay hold being issued but AFTER your case. The issuance of a new license would necessarily require issuing a new license. At that time, it would appear that you inadvertently may have lied about your license...

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