Aurora, IL asked in Traffic Tickets for Indiana

Q: Is there a way to ammend a speeding ticket I got? I didnt have insurance and got letter for license suspension.

I am a single mom and recently divorced and trying to get everything in line and just happened to get pulled over. And I have a full time job at hospital and need to be able to make money to stay on track

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2 Lawyer Answers

A: How prosecutors handle traffic infractions varies widely from county to county. In some counties, prosecutors will not amend any traffic ticket which leaves you with the choice of either paying the ticket or taking it to trial. In other (most) counties, prosecutors may be willing to amend a speeding ticket to a lesser speed or some lesser infraction if the driver has a relatively clean driving record. In some cases, if the driver does not have any active points on their driving record, the prosecutor may be willing to offer a pre-trial infraction deferral program in lieu of paying for the ticket. Under a deferral program (which can be for 6 months or 1 year at the prosecutor's discretion), the driver pays a fee that is actually a bit higher than the cost of paying the ticket and agrees to not receive any new traffic tickets during the deferral period. If the driver lives up to their end of the bargain, at the end of the deferral period, the traffic ticket is dismissed so it will not show up on the person's record. Of course, convincing a prosecutor to amend a ticket to a lesser infraction or to allow a driver into a deferral program is not an automatic and one's chances are typically increased if the driver hires an attorney with lots of experience with traffic infraction cases. I encourage you to call or email some attorneys directly to discuss your ticket with them to see what they think they would be able to do in your circumstances.

Andrew L. Bennett
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Answered

A: Mr. Hand is correct regarding its most likely possible to either amend the ticket or get into the infraction deferral program. However, it appears you have another problem for a no insurance suspension. Amending the ticket will not negate the no insurance suspension. You may qualify for specialized driving privileges which would allow you to continue to drive subject to the restrictions determined by the judge. You should consult with a traffic attorney who can look at your record and the pending case to determine the best course of action.

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