Q: Will being put on a second court supervision affect my first court supervision?
I was placed on court supervision for speeding in one county, and just received another citation for failure to yield in another county. I have the option to be put on court supervision for this offense as well. Will the court supervision in the second county appear to the first county and void the supervision?
A:
Hello Asker,
Yes, it can affect your court supervision in the previous county if you were on court supervision when you received your second ticket. This is because court supervision requires, among other things, that you not receive any other tickets during your supervision period. If the other county becomes aware of your new ticket, you may have your court supervision revoked resulting in a conviction which can affect your insurance rates and damage your license possibly resulting in a suspension depending on the violation and your driving record. In practice, this means that the prosecutors in the supervising county will review your driving record to see if you have received any new violations. If you haven't, then the prosecutors can terminate your supervision satisfactorily. If you have new tickets on your record during the supervision, they are likely to revoke your supervision and convict you.
As for your second ticket, you should take caution when seeking court supervision. Most prosecutors interpret the rules for court supervision to allow you to receive it twice in a 12 month period. This isn't technically the law but it is in practice the law as applied in many traffic courts. This is however a privilege, not a right. Therefore, there is not obligation that they give your court supervision. Additionally, if your previous ticket was issued within the last year, it is HIGHLY likely that you will only be able to get court supervision on this new violation by appearing in court and requesting it. This is because mail in court supervision rules across many counties forbid court supervision without a court appearance if you have had a ticket in the last year, even if you are technically eligible for supervision.
Hope that helps and let me know if you have any questions.
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
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