Q: I was going 86 in a 65. I received a ticket for $140. Court is not mandatory but if I go, can it get dropped?
If the Officer doesn't show up to court, can it get dropped?
A: If you ask for trial and officer is not there to testify it usually gets dropped.
The court date you have is probably not the trial date.
A: Hello Asker,
Most likely, it won't be dropped under that circumstance. Only two counties have a requirement for the officer to be present on the first court date (Cook, DuPage) and only one county requires state troopers to be present on the first court date (Cook). For all other counties, it is expected that you file a not guilty plea to require an officer to be present. If you have a state trooper in DuPage, you must file a not guilty plea to get them to be present on the court date. Should they not appear when required (rare for most cops and rarer still for state troopers), the case will often be dismissed if you show up.
In general, in all but those two counties, your first court appearance will have no obligation for an officer to be present. As for the fee, the $140 only applies to those settling cases out of court. When you go to court, you should anticipate mandatory court costs if you are found guilty and these almost always exceed the $140 ticket amount you see. Lastly, you should note that the $140 is the amount for a conviction. If you want court supervision, you must always pay more.
Hope that helps and let us know if you have any additional questions.
Jason A. Wilkins
A: Yes, if you decide to go to court or retain an attorney to appear in court on your behalf, it will likely get reduced down. The District Attorney may require a driving course, but regardless, your best bet is to appear in court instead of paying the fine and admitting guilt to that speed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.