Q: I received a ticket for going 84mph in a 55mph zone. I got a lawyer and got the state to agree to a plea on 19mph over
the limit, a petty offense as opposed to a misdemeanor offense. I paid the fine and have set up community service but have not done it yet. I just went through the area where I got the ticket and realized it is a 65mph posted speed limit zone and has been for 3 years. Anything I can do to get the original ticket amended and the penatly reduced or changed?
A:
The answer is...ehhhh, kinda...
In truth, you could motion this case up based upon the new evidence anytime within two years following judgment by filing a motion to vacate the judgment. That said, it won't really do you any good. Illinois doesn't have graduated fee systems based upon the speed of vehicles suggesting that a lower speed bracket guarantees a lower fine. The primary matter is that your attorney prevented it from being a misdemanor offense which would not only prevent a criminal record but it would also prevent your insurance rates from going up and your license from getting a moving violation conviction.
Receiving a slightly lighter petty offense will do little to help you (unless you failed to get court supervision - a brief aside, if your ticket was in Kane County and you didn't get court supervision, going back to court won't change this since they don't offer supervision on amended tickets). Additionally, any savings in fines you MAY receive by motioning the case back up will likely be spent in time wasted with a day off work and motioning fees which will be, at a minimum $30 and as much as $55 depending on the county.
So the answer is yes, you could get the ticket amended and the penalty potentially changed but the costs of attempting don't guarantee this result and will, at best, allow you to break even with the costs of attempting to change the ticket.
I'm sorry there isn't more that can be done. Hope that helps.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
