Q: 16 and my first ticket for a minor fenderbender. Dad payed to fix the person I hit. Lady won't be in court. Should I go?

A: Hello Asker,

You should absolutely be in court. I would highly recommend you do not plead guilty. If you plead guilty, it can be used as a basis for determining you were at fault should she sue you for the damages. Since you paid out of pocket, the money you paid her may not be documented. As such, she could, if she were particularly dishonest, seek to sue you for the money you already paid her.

With that said, you don't want to plead guilty. Outside of Cook and DuPage County, most counties do not have the first court date set for trial. This means she is not obligated to show up to court because there is no trial on schedule. As such, it will require an additional court date. You can avoid this by mailing in a plea of not guilty. If you do this, we would recommend you do so in the form of a bench trial request rather than a jury trial. This will help avoid fees and also prevent upsetting the court if you choose not to go to trial if she shows up. If she doesn't show up on a date when the case is set for trial, the case CAN be dismissed. If she was injured, they may grant her an additional court date to show up but if not, it is highly likely they will dismiss.

Above all else, you should certainly coordinate with her to see that her car is fixed. In practice, few victims in car crashes bother to take off work to go to court if they got all their bills paid.

Disclaimer: Although this advice is intended to assist, it is not intended to be legal advice. Without a conversation about the specifics of your case and record, I cannot fully advise you on this manner and ask that you take the above advice with a grain of salt.

I hope that helps and let us know if you have any additional questions!

Sincerely,

Jason A. Wilkins

Traffic Attorney

(630) 445-2293