Q: I got a ticket for speeding 86 mph in the 55 lane. What will happen in court?
My son and I was traveling from one state to Illinois and was in the car for 15 hours when he started to get car sick. He started vomiting and I pulled over. We set there some time and when I thought he was claim I merged back into traffic. This is where he then again started to vomit so I speed up because I was in the middle lane trying to get to the far right lane to get off. When I was stopped. I don't have a record and also my license is for illnois and I recently moved out of state and had not changed my license over. What should I expect?
A:
Hello Asker,
First, this answer is written for a ticket issued in Illinois. It's unclear if this ticket refers to Harker Heights, TX or Illinois. If this ticket was issued outside of Illinois, please disregard this post as it will likely not apply.
The speed you were cited at makes this a misdemeanor offense (speeding 26-34 mph over the limit). This alone creates a problem for any out of state driver because it technically requires a court appearance and a warrant may issue for failing to appear. As such, you should expect that it will require you to appear in Illinois at the stated court time. As a general rule, most judges will not resolve these types of serious cases without people having an attorney to represent them. Therefore, it is advised that you bring an attorney with you on this first court date to avoid the need for multiple appearances.
What to expect sadly is a bit nebulous. I can't estimate that without more information about the ticket. Traffic courts are unique creatures where each county applies the law differently and occasionally the law can vary wildly within counties. Some counties (DuPage, Southern and Central Cook County, and more rural counties) are historically less harsh on speeding ticket while others (Kane, Will, North and Western Cook County) are much harder. Results can vary wildly. In some counties, it can be routine to see such offenses reduced to non-misdemeanors with the opportunity to avoid conviction while others will almost guarantee any negotiation end with an admission to the misdemeanor offense. Fines could range from just over $300 in the best cases in Cook County to many hundreds of dollars in Lake or McHenry Counties. Without more information, it is simply not possible to estimate what can occur.
As for your license, you should take steps to change it over though not before speaking to an Illinois traffic attorney. In many states, after establishing residency for a set number of days, you are required to change your license or risk being cited for driving with an invalid license (a serious offense in some states that can be just as serious as this speeding ticket).
I hope that helps and let me know if you have any questions.
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
www.jwilkinslaw.com
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