Chicago, IL asked in Traffic Tickets for Illinois

Q: I was ticketed in Indiana for passing a school bus, and now IL wants my license for 3 months...

I consulted a lawyer in Boone County where it happened, and he told me that it was a basic traffic ticket with a light fine and no suspension and recommended I pay it and avoid the court date. I did so, but recently I received a suspension notice that starts August 17th. I attempted to have an informal hearing today to see about a restricted driving permit for work, but they say it'll be up to 90 days before I get a decision (I'll be 2 months into my suspension by then); they recommended I try to schedule a formal hearing to possibly have the suspension lifted, but I'm uncertain about how successful that will be. My violation happened on a 4-lane road, which is a violation in Indiana but not in IL; would that circumstance possibly help my cause?

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4 Lawyer Answers
Brandon K. Davis
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Answered

A: You would need an attorney in Indiana to reopen the case and have it dismissed or amended to a different violation. If you're successful, once this is reported back to Illinois, the suspension would be removed. Look for a local attorney in that county to assist you.

Juan Ooink agrees with this answer

Theodore J. Harvatin
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Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: A formal hearing would take just as long or in fact longer because you couldn't get it set until October. I assume they suspended you under 6-206 (a)(6) because you committed an offense in another state that, if committed in Illinois, would cause a suspension. However if it's a four lane road it would not be illegal. Sometimes these can be resolved informally without a hearing of any sort but the problem is, the people who would fix it would need proof from a police report or other neutral party that it was a four lane road and fell within the exception.

Otherwise, go back to Indiana and get the ticket changed and the sos will drop the suspension.

Juan Ooink agrees with this answer

A: You need to hire an attorney in Indian and tell them what is going on with your license in Illinois. That attorney will have to motion your ticket up on Indian and deal with it in Indian. This is likely the quickest and easiest way to deal with this matter.

A: A Formal Hearing will also take too long to get the results . You need to hire an attorney in Indiana ASAP to petition the court to reopen the case. Hopefully, once the prosecutor learns of the severe consequences he will be willing to change/amended to another violation that does not cause in Illinois suspension. If that happens it will be reported to Illinois and the suspension will be removed.

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