Dupage County Traffic Attorney

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You should always consult with a traffic ticket lawyer for your ticket(s). Traffic ticket violations can lead to a driver's license suspension, higher insurance rates, or even a criminal record. Having a traffic lawyer on your side can help you get the best possible outcome, whether you're considering pleading guilty or fighting the ticket(s) in court. Contact us by clicking here to have a free consultation to discuss your traffic ticket. 

Whether you need to appear in court for your traffic ticket depends on the type of ticket you have received. Your traffic ticket will indicate if a court appearance is required, usually listed at the bottom of the ticket. Generally, misdemeanor traffic tickets, such as aggravated speeding, will require a court appearance, while a single petty ticket, like an improper turn, typically will not. However, there are exceptions.  For example, operating a vehicle without insurance is a ticket that requires a court appearance. Additionally, petty tickets resulting from a car accident or multiple petty tickets issued from a single stop can also require a court appearance. In many cases involving petty offenses, a traffic attorney can appear on your behalf. 

Failing to appear in court for a petty traffic ticket can result in what is known as an Ex Parte Conviction. This means a conviction will be entered against you even though you did not appear in court. For certain tickets, such as Operating a Motor Vehicle without Insurance, an Ex Parte Conviction can lead to a driver's license suspension.  Other tickets may result in fines but will still affect your driving record, which could eventually lead to a suspension. Not appearing in court for criminal misdemeanor traffic tickets like Aggravated Speeding or Leaving the Scene of an Accident will result in a bench warrant being issued by the judge, regardless of the misdemeanor class. A traffic lawyer can help vacate an Ex Parte Conviction or quash a warrant.

This is one of the most frequently asked questions in traffic law. If you missed court, either fines were assessed against you in your absence (known as an 'Ex Parte Conviction') or a warrant was issued for your arrest if you were charged with a criminal traffic offense. For non-criminal traffic offenses, you'll need to consult with a traffic attorney to undo the conviction and remove the fines assessed. Typically, you have 30 days to do so, and proper motions must be filed with the court. For criminal traffic offenses, a motion must be brought before the judge to quash the warrant, which is at the judge's discretion. Thorough legal representation is crucial to ensure the warrant is quashed. Contact us—our experienced and skilled traffic law attorneys are ready to assist you in undoing the Ex Parte Conviction or quashing the warrant issued for your arrest 

A dismissal to your ticket can occur in various ways. Obtaining a dismissal outright before trial or a guilty plea can be challenging. Generally, an outright dismissal will only happen if the facts presented to the prosecutor justify it or an appropriate motion if filed and granted.  This could occur if there was a mistake in issuing the traffic citation or if you did not actually commit the offense you were cited for. In such cases, the prosecuting attorney may dismiss your ticket outright.  Another way to achieve a dismissal is through a plea deal, where you plead guilty to one offense, and another offense is dismissed in exchange. Additionally, you can obtain a dismissal by being placed on court supervision. If you comply with the conditions of supervision and do not receive any other tickets by the end of the term, your ticket will be dismissed. Lastly, you may seek a dismissal by setting the case for trial and either winning the trial or if the complaining witness does not appear to testify.

Court supervision is a deferment of conviction, meaning that as long as you comply with the terms of your court supervision order (such as avoiding any new traffic violations), the traffic ticket under supervision will not appear on your driving record. This is highly beneficial because it prevents the traffic offense from affecting your driving record or leading to a driver's license suspension. Additionally, court supervision helps prevent increases in your insurance rates. A skilled traffic attorney, like those at The Traffic Defense Firm, may be able to secure court supervision for you in situations where you thought it wouldn't be an option.

Whether or not you are eligible for court supervision depends on several factors such as the traffic offense(s) you are charged with. For aggravated speeding offenses, drivers cannot obtain court supervision more than once in their lifetime. Certain traffic offenses do not allow for court supervision such as speeding in a school zone or overpassing a school bus. Another factor as to eligibility of court supervision depends on one's driving record.  Prosecutors and Judges are more favorable for court supervision outcomes to those with a good driving record. Lastly, the number of times one has been placed on court supervision in the last 12 months will dictate eligibility for court supervision. You are entitled to be placed on court supervision twice in a 12 month period. 

You may still be eligible for Court Supervision even if you're currently under another supervision order. Whether a prosecutor will offer another supervision deal or a judge will allow it depends on several factors, including how many times you've been placed on supervision in the last 12 months, the specific traffic offense, your driving record, and other details surrounding the ticket. An experienced traffic lawyer can help secure another court supervision sentence, even if you're already under supervision for a different offens 

 A Petition to Vacate is a legal document filed by the prosecuting attorney that is requesting the Court to vacate a certain sentence for an offense. The sentence could be a Court Supervision term, Conditional Discharge or even Probation. If the sentence is vacated successfully, then the Court will resentence you on that offense. The reason the prosecuting attorney would file a Petition to Vacate an existing sentence could be because:

• A new offense was committed.
• You did attend the required course or complete the required community service hours as ordered.
• Fines were not paid.

A Petition to Vacate can be filed for any traffic offense, but generally they are filed for misdemeanor traffic offenses instead of petty ones. Contact a DuPage County traffic lawyer at The Traffic Defense Firm to help represent you if a Petition to Vacate has been filed on your case. 

If you had car insurance at the time you were pulled over but were unable to provide proof, the officer will likely cite you for Operating a Motor Vehicle without Insurance, resulting in a mandatory court appearance. In this situation, you will need to attend court and present proof of insurance to the prosecutor (typically before the court session begins), and the prosecutor will usually dismiss the case. However, if you did not have car insurance at the time you were pulled over—whether due to a lapse or another reason—you should contact an attorney to address the ticket. A no insurance conviction can lead to a driver's license suspension. In Illinois, drivers are typically granted court supervision for their first no insurance ticket. However, multiple no insurance tickets can lead to a suspension, so it's in your best interest to consult with a traffic ticket lawyer to avoid a potential license suspension.

When you hold a CDL and receive a traffic ticket, it's crucial to contact a traffic attorney immediately. Moving violations can significantly impact a CDL holder's driving record, as CDL holders are held to higher standards and face more severe consequences compared to non-CDL drivers. Since a CDL is essential for employment, it's vital to consult with a traffic violation lawyer before deciding to pay a ticket. Certain moving violations can lead to the suspension of a CDL and jeopardize employment. While some tickets, like Overweight citations, may not affect a CDL driving record, others, such as speeding tickets, will. Importantly, court supervision for a moving violation does not prevent a CDL suspension. Contact the traffic ticket lawyer at The Traffic Defense Firm to protect your CDL.

Whether you will need to attend traffic classes or traffic safety school depends on your driving record, age, and the type of traffic ticket you received. Typically, young drivers are required to complete traffic safety school as part of their Court Supervision. Additionally, drivers with poor driving records may also be required to take traffic classes if they are granted Court Supervision. The requirement for traffic school varies by county and the specific ticket received.