Q: What can happen at my PTR hearing for a speeding ticket 11-14 6 months conditional discharge for violating
I was required to pay 350 fine and a mandatory safety driving class. I've received new tickets in other county while on this conditional discharge and I went to court and asked the judge for a little more time to finish paying the fine and to complete the driving class. The state filed a ptr of my conditional discharge sentence. What can I be sentenced up to for this at the ptr hearing
A:
Hello Asker,
With regards to a Petition to Revoke, the state is allowed to, upon proving a willful violation, have you resentenced up to the maximum punishment for the original offense you were found guilty of.
Class A Misdemeanor - Up to $2500 and/or 1 year in jail
Class B Misdemeanor - Up to $1500 and/or 6 months jail
Business Class Offense - Up to $10,000 but no jail (in practice, they never go above $2000)
Petty Offense - Up to $1000 but no jail.
In practice, it is rare for resentencing to be set at the maximum unless you have a particularly egregious record or act in a manner that is beyond the pale. While it can be scary, it is important to remember that the filing of a PTR is a routine procedure in Traffic Court. At the end of your conditional discharge, the court technically loses jurisdiction over your case. By filing the PTR, the state allows the court to keep jurisdiction to ensure you comply with the terms of your case. This means that although they filed it, it is done more as a technicality in most cases rather than a vengeful attempt to punish failure to comply. That said, you should take steps to comply with the original sentence and have good documentation to show why your violation was not willful.
I hope that helps and let us know if you have any further questions.
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
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