Lake Zurich, IL asked in Traffic Tickets for Illinois

Q: My daughter is 17 and just got a seeding ticket for 25 mph over. She can do probation/class. It says on the form that

if the violator is under 18, you must appear in court with your parent. She got the ticket on 4/11. She turns 18 on 5/3. We live in Illinois. Do we send in the form for the class and supervision or do we have to go to court? Confusing.

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1 Lawyer Answer
Theodore J. Harvatin
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Answered
  • Traffic Tickets Lawyer
  • Springfield, IL
  • Licensed in Illinois

A: Good question. Here’s the law.

(n) The provisions of paragraph (c) [supervision] shall not apply to any person under the age of 18 who commits an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of the Illinois Vehicle Code, except upon personal appearance of the defendant in court and upon the written consent of the defendant's parent or legal guardian, executed before the presiding judge. The presiding judge shall have the authority to waive this requirement upon the showing of good cause by the defendant.

It SEEMS to say that your age at the time you commit the offense is the deciding factor.

It also says the judge can waive the requirement of a parent appearing. I would say that a good argument for waiver will exist for a person who is now standing in front of the judge at the age of 18. The purpose for the parental appearance is to make certain that the offender understands what is happening which the loppers rooms may not happen for somebody who is under 18. Now that he is 18 the law considers him an adult as far as the legal process goes.

Juan Ooink agrees with this answer

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