Palatine, IL asked in Traffic Tickets for Illinois

Q: I got a ticket in March of 2013 and just got another in feb. Of 2015 and now my license is suspended can I do anything?

Related Topics:
2 Lawyer Answers

A: Absolutely, these are common situations traffic attorney's deal with. Based upon your description, you are under 21 years of age and have acquired two convictions within 24 months for moving violations. This will result in a suspension of your driving privileges for a minimum of 1 month up to 12 months. In spite of this suspension, it is possible to clear it and restore your driving privileges in, at its fastest, a week though it can take longer depending on the county and the prosecuting authority.

My advice is to speak to an attorney quickly. The reason why is that a ticket may only be motioned back into court within 2 years of the decision date. In order to lift the suspension, it is necessary to change the result of one of these tickets so they both aren't convictions. The only issue is some offenses can only result in conviction by law so if your Feb. 2015 conviction is one of those, then we must motion the older 2013 case. Considering it is coming uncomfortably close to that 2 year limit, waiting too long to motion it back can result in a situation where you cannot lift the suspension. There is also a timing concern with the tickets as well. Certain prosecutors are present only on certain days. The sooner the paperwork is filed, the sooner a court date can be set. If they meet once a month as some city prosecutors do, missing that window of opportunity can mean waiting several weeks for the next court date.

If either of the offenses can be motioned up and resolved without a conviction resulting, it will immediately lift the suspension once the record is received by the secretary of state.

My best recommendation is that if you are serious about resolving your license issue, you must move on it quickly and contact an attorney. Waiting can in the best case leave you suspended for a longer period of time (up to a few weeks more) and in the worst case result in the suspension not being possible if the 2015 ticket is not realistically able to be fixed and the 2013 ticket is time barred from re-litigation.

Hope that helps!

A: I made a mistake in my comment. In the last sentence, it should read "Waiting can in the best case leave you suspended for a longer period of time (up to a few weeks more) and in the worst case result in the suspension not being possible to fix if the 2015 ticket is not realistically able to be fixed and the 2013 ticket is time barred from re-litigation."

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.