Q: Hello! My son had 2 speeding tickets. 1st one is paid & took class. 2nd one was due yesterday. He can pay tomorrow!
What will happen? Will he go to jail? He is devastated that he misplaced it! Thank you!
A:
Hello Asker,
First, don't worry. If it is a ticket for which he CAN pay a fine to resolve it, he has no risk of jail. Jailable speeding offenses MUST be 26 or more mph over the limit. If he wasn't speeding that fast, he has no risk of jail. That said, I would HIGHLY advise he not pay the ticket as you are planning.
As a standing policy, many state's attorney's offices REFUSE to give court supervision (the traffic school route that keeps the ticket from affecting your rates and driving record) if you have within the past 12 months been given a citation. If his previous ticket was within 12 months, any request for court supervision made OUTSIDE court in front of a judge will almost certainly be denied. At his age, it can greatly increase your insurance rates and affect his driving privileges.
Assuming these are the only tickets he has received in his life, he should be eligible for court supervision unless it is a type of speeding ticket that isn't eligible for court supervision (speeding in a school zone for example). He should be able to request supervision in court (with a parent if under 18) but I would advise speaking to an attorney in a free consultation first BEFORE doing this. I don't think you will need a lawyer but there are two reasons I advise this: first, if the ticket is the type to not be eligible for supervision, they can let you know in advance of court and second, they can advise you of what to do about the missed deadline to pay. In some counties (notably cook), missing a deadline without mailing in a court date request will automatically convict you. An attorney can help clarify what impact this action had and whether a motion will be required to fix the conviction.
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 know that was a lot and I hope I was clear. I hope that helps and let us know if you have any additional questions!
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
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