Q: I was given a citation to appear in court for speeding over 35 miles above limit with passengers in thevan.

A: Hello Asker,

Technically, yes, this can result in a suspension. Since you have a required number of passengers in your car, you must be under 21 years old at least. According to the Administrative Code, the rules that govern licenses, your license will be suspended if you are convicted of two moving violations that are issued before you turn 21 and are issued within 24 months of each other. Both the speeding and passenger limitation are considered moving violations for the purposes of this rule so they may both together result in a suspension. If you are under 18, you should not only expect a parent to be required to appear with you to resolve this but also an extension of the 1 passenger limitation until you are age 18.

Additionally, the speeding ticket is not only ineligible for court supervision but it is also a criminal misdemeanor carrying a maximum penalty of $2500 fine and one year in jail. While jail is not a common occurrence for these offenses, conviction and high fines are. Lastly, given the seriousness of the charge, few judges will allow you to settle this case without a lawyer due to the impacts it can have on your criminal and driving record.

My recommendation is that you contact a traffic attorney and arrange for them to see if they can negotiate with the prosecutor to prevent not only a license suspension but also a criminal record. This is one of the most serious charges found in traffic courts and going without an attorney is extremely risky.

Hope that helps and please let me know if you have any questions or need clarification.

Sincerely,

Jason A. Wilkins

Traffic Attorney

(630) 445-2293