Q: Got "wrong way" ticket in WI (marked as conviction)and now speeding ticket 25 over in IL , what can happend ? I am 20y.o
Can I ask police officer for a proof of speed at court? I was trying to avoid an accident so that's why I accelerated, but I am not sure if was going 60mph on 35mph. Like I told him I had my little brother and friend with me and I was trying to do the best to avoid it!
And can I use his words with witnesses " I think you was going like 60$" or " I saw you was going faster than others " I mean that's it?
What would you recommend?
Thank you!
A:
Hello Asker,
Your speeding ticket in Wisconsin is marked as a conviction because Wisconsin does not have court supervision. As a result, when it is reported to the Illinois Secretary of State, it enters as a conviction when picked up through the national database. The danger here is that at your age (under 21), two moving violation convictions in 24 months WILL SUSPEND your license. Fortunately, court supervision will not result in a suspension of your driving privileges if it can be arranged. For this reason, I would HIGHLY suggest you retain counsel because court supervision is an absolute necessity for you right now. Also DO NOT UNDER ANY CIRCUMSTANCES mail in the ticket. You WILL be suspended if you do that and there is very little chance of getting court supervision by mail. If you have already done this, please contact an attorney IMMEDIATELY so they can file a timely motion to vacate and prevent a suspension BEFORE it goes into effect.
As to your question about the officer's statements, these are not admissible in court as they are hearsay for which no exception exists at least based upon how you described them. There MAY be grounds for admitting this testimony but to be completely honest, I believe it is a red herring that can hurt more than help you. Remember, even if it was admitted into evidence, his statements are very damning. The offense of speeding 25 mph is the same legally as speeding anywhere from 21-25 mph over. I can see little value in arguing this point and great risk in doing so. Upsetting the prosecutor, judge, or officer can EASILY result in them denying court supervision which is ultimately granted as a discretionary matter. This would bet the worst case scenario as it would not only result in a suspension but it would offend the court you would have reappear in to vacate the conviction after the fact to lift the suspension.
Lastly, if you have an attorney, they can appear for you preventing you from taking time off school or work. This allows you to not interrupt your life while maximizing your chances for a successful resolution of this case. For all of these reasons, I would HIGHLY suggest hiring an attorney for this matter as a license suspension is a very real possibility in your case.
Hope this helps,
Jason A. Wilkins
Attorney at Law
(630) 445-2293
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