Q: Can my 17yr old daughter get supervision on a failure to reduce speed to avoid an accident ticket?

A: Get counsel for her. Perhaps?

A: Hello Asker,

This can create serious risk for your daughter because this new ticket technically constitutes a violation of her supervision. The problem is that it can result in a revocation of her supervision, a conviction being instituted, and ramifications with insurance rates and driving privileges. At your daughter's age, her license is very delicate and easily damaged by traffic offenses. A conviction for the past speeding ticket after the fact will extend the 1 non-related passenger requirement until she is 18 years old. It will, if she receives another conviction, result in a suspension.

This is because two convictions for moving violations received prior to turning 21 years of age occurring within 24 months of one another will immediately suspend privileges for between, in most cases, 1-3 months.

The other issue created by this ticket is financial. Car accidents are a source of civil liability and can result in a lawsuit, particularly if insurance has not reimbursed the damage caused. Hiring an attorney to resolve this case can in the best case scenario help the ticket be dismissed and in the worst case scenario, minimize the civil liability that can emerge from poor handling of these tickets.

ABOVE ALL, REGARDLESS OF WHAT YOU DO, DO NOT MAIL IN THE TICKET WITH A PLEA OF GUILTY!!! Your daughter will almost certainly be denied court supervision because most state's attorneys, as an office policy, deny court supervision by mail if a driver had a ticket in the past 12 months. Since she violated the previous supervision with this ticket, she could potentially be suspended by mailing payment in. Additionally, her plea of guilty will be able to be used as evidence of liability in any future civil trial. Lastly, appearing in court increases the chances of dismissal resulting in next to no harm from this ticket. In short, whatever you do, don't mail the ticket in.

Hope that helps and let me know if you have additional questions!

Sincerely,

Jason A. Wilkins

Traffic Attorney

(630) 445-2293

A: Hello Asker,

It seems I neglected to answer your question. Yes. She can receive supervision on this ticket but only if 1). she goes to court, and 2). you appear with her if she won't be 18 by the court date. My recommendation would be to consider hiring an attorney because in these tickets, chances of dismissal do increase when an attorney is representing a party and in the worst case scenario, attorneys can minimize civil issues that may arise later.