Q: Can I lose a fight against a (20 mph over) ticket in court and still get court supervision?
I am eligible for court supervision, but if I go to court and fight the ticket, but lose, do I forfeit the opportunity to get court supervision?
A:
Hello Asker,
No, you can still be eligible for court supervision generally. I say generally because I have heard of judges that will impose harsher penalties for rolling the dice at trial. In my practice, the only instance I have heard of this is from one attorney's experience in Rolling Meadows. In one judge's courtroom, trial has been said to carry a higher risk at sentencing.
That said, if you want to challenge the ticket, you should do so in a manner that is legally sound. The court has less patience for he said/she said arguments in traffic court because it requires the judge to say the cop is a liar. More successful arguments attack factors other than the officer's credibility such as equipment issues or the like.
Whatever you do, be prepared on your date and take it seriously by having actual legal arguments that provide actual defenses to the charge.
Hope that helps and let me know if you have further questions!
Sincerely,
Jason A. Wilkins
Attorney of Law in Matters of Traffic
(630) 445-2293
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