Q: 2 tickets in 24 months. How can I stop my license from being suspended?

A: Hello Asker,

The reason you are suspended, or rather pending suspension, is because these are both moving violations. If you receive two convictions in a 24 month period for moving violations while under 21 years old, you will be suspended. The actual length of the suspension is determined based upon the number of points for each offense as well as how many previous suspensions have gone into effect. The operative word her that will allow this suspension to be reversed is "conviction". If one of these were changed to a court supervision, you would not have a conviction and thus the secretary of state will automatically lift the suspension when they receive the documentation.

That said, in order to fix this, you will need to file what is known in the trade as a motion to vacate conviction on ONE of the two tickets. A brief word of advice, if you do decide to file the motion to vacate yourself, DO NOT try to vacate the speeding offense. This ticket is, on its face, not eligible for court supervision because it is barred by statute. Also, note that you can only receive court supervision if you have not had it twice in the 12 months preceding the issue date of the ticket you are seeking it for. MOST attorneys in the field interpret this to mean you can't get court supervision if you have had it twice in the last 12 months. Be aware of this restriction before filing the motion to vacate as you may not be eligible to get the supervision you need to clear your license.

Finally, when this is complete and the conviction is removed by changing it to court supervision or having it dismissed, you will need to provide proof to the secretary of state. They will get it but this will take weeks. To expedite this process, you must acquire a certified disposition of the new sentence that isn't a conviction and have it delivered to the Secretary of State in Springfield. Because they process mail slowly, you will need to either personally walk it in or use a courier to do so. This way, they process it immediately.

In my honest opinion, this is a legal procedure best handled by a lawyer. Extra scrutiny is applied to cases when motions to vacate are filed so there is less leeway given for errors. Additionally, sending the wrong documents (non-certified disposition vs. certified), setting the wrong court date with the motion, or failing to resolve the case correctly can all result in being suspended longer and are common mistakes. For this reason, it would be advised that you seek out a lawyer.

Hope that helps!

Jason A. Wilkins

Attorney at Law

Law Office of Jason A. Wilkins

Office Phone: (630) 445-2293

www.jwilkinslaw.com