Q: I got a ticket for a local ordinance of disobeying a traffic device in Kane county. How serious is it?
I caused a minor accident by running a red light and hitting a car turning left. No injuries, no property damage, we were going slow enough the airbags did not deploy. My insurance is covering all costs related to the other driver's vehicle.
A police officer friend advised I plead not guilty. At the circuit court I did, and they gave me a court date with a judge. Am I correct that if the police officer who wrote the citation and the other driver do not show up, that the case will be dropped? My first reaction to being rescheduled for a trial with a judge was to be concerned with how serious it seems. Should I be concerned about anything else?
Thank you.
A:
Hello Asker,
The ticket you are facing is known as a petty offense. It is punishable by a fine up to $1,000. It is not punishable by jail. There are only four concerns with regard to the damage this ticket can pose. 1). If convicted rather than supervision, you it can be used against your license potentially resulting in a suspension. A suspension will trigger if you receive 3 moving violation convictions in a 12 month period or 2 moving violations in a 24 month period (if you are under 21 years of age). 2). It can be seen by insurance companies if you receive a conviction though this is a non-issue since they are already aware. 3). If convicted, it is viewable on public driving records employers can access. 4). You may face civil liability related to the accident for which this ticket can increase evidence of fault. This is particularly true when you plead guilty which can be used as an admission in future civil litigation.
You are correct in your conclusions surrounding the ticket being potentially dismissed. If the officer did not witness the accident, they cannot proceed with the officer's testimony alone as his statements are at best hearsay statements of the other driver. Rather, the prosecution ordinarily needs a victim to testify to the accident in order to be successful. In absence of such a victim, it is routine for these cases to be dropped on the day of court due to inability to proceed to trial so long as there is no personal injury. The main concern you should address yourself with is whether your insurance paid out fully for all damages. Compensated victims are often happy victims and happy victims are less likely to come to court. Investigating whether your insurance paid all bills is about the only thing you can do in advance of trial as it gives an idea of the likelihood of a victim appearing on the trial date.
Hope that helps and let me know if you have further questions!
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2239
A:
My apologies, I posted the wrong phone number. My correct phone number is (630) 445-2293.
Sorry about any confusion.
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