Q: I am 18 almost 19,I got a speeding ticket last year, finished driving school and supervision. Therefore I have no record
I got pulled over going exactly 35 over. I asked him if there was a possibility of me getting my license taken away and he said no just pay the fine. He also said If I call I can pay the ticket over the phone because I was out of town at the time. What should I expect because I am confused. Do you think Ill be faced with jail time or a misdemeanor? I asked the cop and he said I am fine because its technically my first offense.
A:
Hello Asker,
First, this is a far more serious offense than the officer has stated it to be. It is what is known as a class A misdemeanor punishable by up to 2500 fine and/or a year in jail. Jail is a rare outcome but to answer your question, you are already facing a misdemeanor offense because you were speeding 35 miles per hour or more over the posted limit. You cannot in any way, shape, or form pay the ticket online. You MUST appear in court and failure to do so WILL result in a warrant for your arrest and possible suspension of your license.
Second, so long as your supervision terminated satisfactorily, your license cannot be taken away on this ticket alone regardless of outcome so long as you go to court on it. That said, it is a very serious ticket which can seriously harm your driving record if handled improperly. If you receive a ticket in the next two years, you can easily be suspended for many months.
Third, you do have a record and this is not your first offense. Court supervision does not expunge or remove anything from your record. Rather, it makes the offense not appear as a conviction on your record. It is instead recorded to a special page on your driving record that only certain entities have access to. Namely police, prosecutors, courts, attorneys, and yourself. If you go into court saying you have no record, they will know you are lying and it will not go well for you.
Finally, you should expect to bring a lawyer for this type of offense. In my time practicing in DuPage County where my office is based, Judge Bugos and the other judges in DuPage County will not ordinarily allow someone to resolve tickets with the potential of jail time without an attorney present.
Hope that helps and let us know if you have any additional traffic questions.
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
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