Q: In Illinois how long does a written warning stay on your record?
I was pulled over by a county sheriff. She didn't give me a ticket. Only issued a written warning for texting at a stop light. I've had no prior record and have not been pulled over before. Will this stay on my record? Does it ever get erased?
A:
Hello Asker,
It is difficult to give a definitive answer to your question so I will break it down into a few parts. First, written warnings are not recorded in driving records viewable by prosecutors, courts, employers, or the secretary of state. These records are as far as I have heard maintained within each individual department.
Second, as far as record duration is concerned, in Illinois, it is not uncommon to see items on driving records decades old so it wouldn't surprise me if there were similar longevity regarding warning tickets. As far as warnings are concerned, they do not have any impact on your driver's license or insurance rates. They are more or less a method of internally monitoring who has been given a second chance so the department can crack down on drivers who, despite the lenience, continue to violate traffic laws.
Third, this is more speculative but the possibility exists that in the future, this ticket could result in more serious effects for cell phone tickets. In Illinois, cell phone tickets are considered non-moving violations unless one of the following applies: 1). It was being used in a commercial motor vehicle 2). while in a school, emergency, or construction zone, 3). it was related to an accident involving personal injury, OR 4). it is the second or subsequent offense.
Under the eyes of the law, I am not sure if your warning would constitute a first offense sufficient to make future violations of the cell phone statute moving violations. That said, warnings to the best of my knowledge are not shared between departments so this question would only arise should you be stopped by the same agency in the future for the same violation.
Hope that helps and let me know if you have further questions!
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2239
1 user found this answer helpful
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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