Q: If a ticket I got over a month ago is not online for me to pay it does that mean it is not filed and I can fight it?
Ticket was for following too close and then a warning for going 5mph over the speed limit from a IL state trooper. Have checked online and called multiple times to see if ticket posted online yet and hasn't. If the ticket is not filed can I get off not paying it?
A:
I have only seen this happen a few times and it is a rather frustrating matter to deal with. My recommendation would be to visit the clerk of the circuit court clerk of the county where the ticket was issued. That is where a court date, if any, would be scheduled. I would be particularly vigilant about this if the ticket was issued in Cook County whose computer system is notoriously spotty lest you miss a court date.
If the ticket truly has not been filed, the case could be dismissed. I have only seen one such incident of this occurring and in truth, it is really a matter left to the judge when it comes to dismissing the case. In such a circumstance, there would be no fine or court costs owed. The actual mechanism for making this work is a bit complex though because it may require filing a motion to bring the case into court.
Finally, I would confirm you live at the address on your license. If you don't live there, you run the risk of missing the notification of your court date. Remember that by Supreme Court Rule 504, there must be a first court date on the case 14-60 days after the incident if there is one. Until you are beyond that time, I would assume you still potentially have a court date.
Hope that helps!
Jason A. Wilkins
Attorney at Law
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