Q: Can I receive court supervision even though my lisense has already been suspended?
My first speeding ticket was June of 2016 and my second was in July of 2016. Because of these tickets my lisense was suspended from October 2016- January 2017. I did all that was needed to re obtain my lisense and I have been driving since. I just got pulled over (September 2017) am I still eligible for court supervision. I have never had court supervision before. And if I am not eligible will this suspend my liscense at all? For another three months? Or longer?
A:
Hello Asker,
Yes, you are eligible for court supervision on the new ticket so long as it is itself a supervision eligible offense. An attorney can answer this question if you present them the ticket and ask them about supervision eligibility. A much bigger concern is that if you have no supervisions on your record, you must have waited out the suspension. This means there is a terminated suspension on your record and since you only had two tickets prior to being suspended, you were under 21. If this new ticket was picked up before your 21st birthday, you will be suspended if you receive a conviction and that suspension will be at least 6 months and possibly more if there are other suspensions on your record. For this reason you should definitely speak to a lawyer to at least take whatever action you can to prevent a suspension.
Even if you don't speak to a lawyer, I MUST let you know...DO NOT MAIL IN THE TICKET. Typically, court supervision requests by mail are denied if you have had a ticket in the last year in DuPage county. With it being so close since your last ticket, you are at a high risk of being denied supervision if you request it by mail. The best way to have a chance at court supervision is to appear in person in court or have an attorney appear for you.
Hope that helps and let us know if you have any questions!
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
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