Morton, IL asked in Traffic Tickets for Illinois

Q: can I attend traffic school twice in 12 months if speeding ticket was in different counties

u get ticket for speding in county A in illinois on April 1.. u take traffic court in county A assigned traffic school. on may 1. on October 2 u get a speeding ticket in county B in illinois. .. can I take traffic school again in county B assigned safety school

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1 Lawyer Answer

A: Hello Asker,

This is a sort of trick question. Yes, you technically can though probably not in the way you are thinking. A driver is eligible for court supervision twice in a twelve month period. This is the way the prosecutors in Illinois apply the rule. I say that because the rule is an informal one based on a misreading of the statute so it is not unusual to see variations in the application of this rule. All the same, in general, most prosecutors will say you can receive court supervision no more than twice in 12 months.

The problem arises in how you request it. Many drivers request court supervision in ways that avoid appearing in court for convenience and lower fines. This however can result in a conviction with your record. Almost all prosecutors here have a house rule of sorts that requires them to deny court supervision if a driver requests it a second time UNLESS they appear in court. Because you had a prior supervision, you must appear in court if you wish to receive supervision again.

As for this ticket, there are a few things you should be aware of. When you do appear, it is recommended that you do not deny that you had a prior ticket. Contrary to popular belief, supervision does not prevent the violation from being on any records and the prosecutor will know you are lying if you try to claim this. If you were on court supervision when you got the second ticket, this can endanger your prospects for receiving court supervision a second time as well as open the door for the first county to revoke your supervision. If this is the case, it is recommended that you speak to an attorney to see what can be done. On the plus side of going to court, if you are 21 or older, it is possible to, from time to time, avoid traffic school if you litigate your case in court rather than by mail and supervision is more likely to be offered when requested in person.

I hope that helps and we wish you all the best. Let us know if you have any additional questions.

Sincerely,

Jason A. Wilkins

Traffic Attorney

(630) 445-2293

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