Q: I went to court last year for a no insurance ticket on a car i sold the day i got pulled over
at court the judge said if i would have brought the bill of sale it would have been dropped but i forgot it at home, now my license is suspended because of it. any way i can get that ticket droped with the bill of sale or is it too late?
A:
The answer is yes and no.
I say that because simply presenting the bill of sale will not solve the suspension alone. Certain steps must be taken to resolve the conviction on the underlying case and further steps must be taken to address the issue with the secretary of state.
Simply put as I will sum up in one long run-on sentence, when you appeared in court without valid insurance and without proof of sale, the judge entered a conviction for you on the offense of operating an uninsured motor vehicle since you were driving said vehicle at the time of the ticket and there is no policy you can show nor proof that the issue has been resolved by insuring said vehicle or showing proof it is no longer your vehicle. The result of this conviction upon reporting to the secretary of state is to suspend the license for a term at their discretion (usually 3-6 months).
Now on to the "yes" part of my answer. It can be reversed by filing a motion to vacate the conviction. This will cost between $35-80 depending on the jurisdiction and whether you appeared in court. If you can get an disposition of court supervision, this will be sufficient action by the court to lift the suspension on your license. As for getting supervision, providing that bill of sale may be enough (it will depend on the prosecutor and the judge but that is the best hope you have). I can however assure you it will not likely be dropped.
That said, the burden is on you to update the secretary of state's records. You will need to acquire a certified disposition of the proceedings of that court appearance where you appeared to get supervision. It will be usually a single sheet with an elaborate embossed seal with the clerk's signature affirming that is the judgment. This document must be taken to the Secretary of State in either Springfield on downtown Chicago at 17 N. State St. If mailed, it will take around 10 business days to process. If hand delivered to them, it will take between 1-3 business days (depending on how backed up they are). Usually, a shorter wait time is common early in the month and longer waits are common at the end of the month and near tax season. The Secretary of State will also require a mandatory reinstatement fee of $100.00 to be paid at any secretary of state facility before the suspension is fully lifted. Additionally, if your license expired during the suspension, a $30.00 renewal fee will need to be paid.
If you receive court supervision, you will be mandated to hold SR-22 insurance for a term of 36 months. If you have a lapse in this policy, you face a new suspension so make sure to keep up with it. Here is an information sheet on SR-22 insurance and how it works: https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_sr84.pdf
Hope this helps! If you find yourself seeking assistance, most traffic attorneys routinely handle matters such as these but this is something you could handle on your own if you wanted to.
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.