Q: Assume 2nd super. granted 4 speed during 1st super. period, if complete it right only have 1 speed. ticket on my record?
Assuming I have a 2nd court supervision granted for a speeding ticket during my current court supervision for another speeding ticket, if I go the 120 days without another ticket here and complete the course, will I only have 1 speeding ticket sent to my car insurance company? Or is it a situation where even if I get my 2nd court supervision that it won't matter since I violated the first one? Is there any benefit to try for 2nd court supervision and pay that additional $65, or will the two speeding tickets automatically show up regardless?
A:
Hello Asker,
It is always better to get supervision as opposed to a conviction. The only exception to this would for out-of-state drivers and for commercial drivers who are governed by different rules and they should only take a conviction upon consultation with an attorney that it is in their best interest. Court Supervision in and of itself prevents a driving offense from appearing on your public driving record and from counting as a moving violation for the purposes of suspension rules in almost all circumstances. A court supervision is still recorded to a non-public portion of your driving record but this keeps it from being visible by insurance companies assuming that you don't have a special type of license like a chauffeur's license or commercial driver's license or out of state driver's license. It also generally keeps it off the eyes of employers who do driving record checks. In general, assuming that you're an Illinois driver's license holder and don't have a specific type of special license, Court supervision is visible only to police, prosecutors, Court, the Secretary of State, attorneys like myself, and the driver themselves. For this reason, it is always better to get Court supervision if you can.
Since you a picked up a second ticket during your supervision period, they can potentially revoke your supervision turning it into a conviction. This would make it a public record and could affect your driving privileges. In general, when one is seeking Court supervision on a second offense when they have had a ticket in the last 12 months, it is highly advised that they appear in court because Court supervision is rarely granted by mail or other out of court means such as the $65 it appears you are attempting to do if you have had a ticket in the last 12 months. So long as you have not had court supervision twice in the last 12 months and your new offense is supervision eligible itself, you are eligible but as I mentioned, they don't often grant a second Supervision in 12 months if you do not make the request in person in court. Therefore, you would be best served by either requesting Supervision in person in a traffic court or having an attorney request Supervision in person in a traffic court.
As to your last question, it will appear as a second offense on your record if you get a second Court supervision but as I mentioned, this does not appear on the public driving records. Rather it appears on a less limited Court purposes record that is only available to the parties that I mentioned previously. That said, both offenses would appear even though they would have concurrent supervision sentences.
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
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