Q: I am accused of having gone 82 in a 55 mph zone in Illinois. What is the best way of having these charges reduced?
I received a speeding ticket in Illinois for going 82 in a 55 mph zone. I am 19 years old and have one previous speeding ticket in Indiana. My understanding is that Illinois law requires a license suspension for 2 moving violations when you are younger than 21. I very much need to have this speeding ticket reduced below a 25mph violation as well as receive court supervision if my understanding is correct. Should I speak to the prosecuting attorney? Should I simply plead Not Guilty and demand a Jury Trial? I am guilty of speeding, however I am not guilty of speeding anywhere near as fast as I am accused of.
Additional note: The State Police Officer who wrote the ticket marked it as Court Appearance Not Required and informed me of this, while I know 26+ is a Class B Misdemeanor and requires a Court Appearance. Is this of importance?
A:
Hello Asker,
First, whether or not the ticket is marked "court appearance not required", you are required to appear because it is a misdemeanor offense. It is not legally possible to be resolved without a court appearance. As a class B misdemeanor, it is punishable by up to $1,500 fine and/or 6 months in jail. For these reasons, it is highly likely the judge will tell you to return with a lawyer.
The good news is that reductions to lower level speeds are within the realm of possibility in most counties and court supervision is also within the realm of possibility. These outcomes however may be far less likely if you enter a plea of not guilty and demand a trial. Often times, these concessions are given with the prospect of avoiding trial. That said, you can always request time to speak to an attorney so they can analyze your case and see which is the best option.
You are correct in your conclusion about the risk of suspension. If this ticket results in a conviction, it will suspend your driving privileges. For this reason, it is best that you speak to an attorney to see the prospects of working out an alternative that will avoid this risk.
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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