Q: I got a ticket in Riverside, IL for 15 over the limit. I don't believe I was speeding--that is my only defense.
This is 2nd ticket in a year but the first one I opted to pay a larger fine and do the traffic school option. Is it worth it/possible to fight it?
A:
Hello Asker,
Unfortunately, this defense will not be successful if you went to trial. The only circumstance where I can see it being successful is one where the officer does not appear and the case is dismissed for the state's inability to prove the violations at trial. This is unlikely and is the exception, not the rule.
Instead, I would appear and see if court supervision can be arranged. My reason for doing this is because court supervision is typically denied by mail when a driver has had a ticket within the last year of the ticket they are mailing in. If you have already mailed in your ticket, I would suggest calling a traffic attorney to determine the risk this new mailing has on your license. In the worst case scenario, this ticket could suspend your license and necessitate an immediately filed motion to vacate to fix the suspension.
For this reason, it is advisable to at least call an attorney to ascertain the harm that could occur to your license depending on your age. Fortunately, if the risk of suspension does not exist because of the timing of the previous ticket, this is an offense you can litigate yourself in court without the need to hire an attorney. All the same, it is a good idea to at least confirm there is no risk of suspension which would justifying hiring an attorney BEFORE your court date.
Hope that helps!
Jason A. Wilkins
Attorney at Law
(630) 445-2293
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