Q: The suspension of my license is pending for 2 tickets in 24 months. What steps can I take to reverse this suspension?
In June of 2014, I received a speeding ticket in Rock Island County. Then in July of this year, I received another speeding ticket in Iowa (Scott County). I am 20 years old so I was the recipient of a notice of suspension in the mail a few days ago. I was unaware that I could have been placed under court supervision so I simply plead guilty and mailed in the payment for both tickets and this is part of the reason why I find myself in this situation. Looking for my next course of action, I emailed the office of Jesse White and asked for any kind of assistance that they could give me. They informed me that I had two options. The first was that I could try to motion the convictions back into court and get one or both of them vacated or dismissed. The second option was that I could try to motion the ticket from Illinois back into court to try and receive court supervision. So with that being said, what would you advise me to do and what are the necessary steps to see it through?
A:
Hello Asker,
The Secretary of State is correct in their conclusions. In your situation, you are suspended because of the two convictions for moving violations in 24 months while being under the age of 21. There is nothing that can change that fact unless you change the court records. This is because your suspension is for a set term of months. The only way to remedy the suspension pending on your record is to file a motion to vacate.
To further explain what is going on, let break it down by state. Illinois is unique in offering court supervision. Few states do it. Therefore, the only option to fix the Iowa case is to get the moving violation you are charged with dismissed since they likely don't have court supervision or a scheme like it Illinois will recognize as supervision. This leaves you with the Rock Island case. If the Rock Island case conviction is vacated for the moving violation conviction causing the suspension and you deliver documentation to that effect to the secretary of state in Springfield, it will not only clear the suspension pending but it will annul it (make it as if it never should have been). This will remove the requirement that you take a $90 National Safety Council class to validate your license at the end of your suspension.
Because the Illinois case is easier, I would advise filing the motion to vacate on that matter. If you file it, you will get a new court date. When you appear, request to have the conviction vacated and plead for supervision. If you have never had it, it shouldn't be terribly difficult to get. That said, some offenses are not supervision eligible by law. Common examples of this are speeding over 25 mph over the limit and speeding in a school zone. Therefore, I would contact a traffic attorney to determine how supervision eligible your offense is BEFORE filing the motion to vacate.
Hope that helps and let me know if you have further questions.
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
www.jwilkinslaw.com
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
