Q: First traffic violation in IL "disobeyed traffic control device." Do I get court supervision or a lawyer?
I was in an unfamiliar area going to a dr. appointment. I'm sure everyone says this, but I honestly didn't see the sign and it was raining. Do I just plead guilty and get court supervision so I don't get a conviction? What are the benefits to getting a lawyer and pleading not guilty? I know it would cost a lot more.
A:
Hello Asker,
For a non-commercial driver, there is little reason to get an attorney unless you think you can beat it at trial. In my honest opinion, I doubt rain would be a sufficient excuse unless it was potentially torrential. In which case, an argument could be made that a reasonable person might not see the sign. Even then, it's not easy. If you pled guilty with or without an attorney and no officer appears on the trial date, the case will likely be dismissed but this is rare to say the least.
You can mail in a request for supervision but this is not a guarantee. With it being your first ticket, it is likely to be granted but if you want the highest chance of supervision, you must appear in court. By appearing in court, you will pay court costs (usually 50-150 dollars more) but have a higher chance of success. If you are 21 or older, you will also have a lower chance of traffic safety school. In bolingbrook, I'd say you have a very low chance of traffic school if you appear in person. If you want, an attorney can appear to get supervision for you but I don't think its worth the expense.
Honestly, in these situations, we often advise seeking supervision by whatever means you feel is best in the long run because it prevents insurance rate hikes and driving record damage. This all assumes you have an Illinois license.
Hope that helps and let us know if you have any questions.
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
A: If you pled not guilty with or without an attorney, and no officer appears, the case can be dismissed. This was what I meant to say. Not "if you pled guilty"
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