Yorkville, IL asked in Traffic Tickets for Illinois

Q: I got a ticket for 11 over the limit. i got another bec. I did not know where the insurrance card was

im really worried and dont have that much money. i have never gotten a ticket in my 5 years of driving So i dont know what will happen. I was in my sisters car and did not know where the innsurance card was. is there a specific way i should prepare for court? Can the ticket be dismissed?

(kendall county in IL)

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1 Lawyer Answer

A: First, things will be alright so take a deep breath. This is the sort of matter you should be able to handle without an attorney's assistance. The only value an attorney will add is being able to appear on your behalf and prevent you from taking a day off work so keep that in mind.

Second, as you mentioned, the ticket CAN be dismissed but this would generally only apply to the insurance ticket. It is customary for courts to immediately dismiss insurance tickets IF proof of a valid insurance policy on the vehicle in question on the day in question is presented in court. The other ticket will not customarily be dismissed.

The good news is that because of your clean record and the low speed (only one mph over the lowest possible offense, 1-10mph over), court supervision is highly likely. This is the lightest punishment for speeding that is allowed by law. It prevents employers and insurance companies from seeing it on your public record keeping your rates down. In addition, it allows you to avoid a conviction for the offense meaning it won't count as a points eligible offense on your license. Lastly, all it takes to comply with court supervision is to not receive any new tickets for a period of 3-4 months, pay all fines, and go to traffic school if required.

As for dismissal, because it is Kendall County, you must set the case down for trial in order to hope for this. If that occurs, you can hope the officer doesn't appear (unlikely if they are a state trooper BTW) and if they don't show, the case is often dismissed on both tickets.

The take away here is make sure you attend your court date and bring your insurance card. If you miss your court date, you will have an ex parte conviction entered against you in your absence which will result in a mandatory suspension for 3-6 months of your license.

Hope that helps and let me know if you have any other traffic related questions!!

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