Traffic Ticket FAQs
- Do I need a lawyer for my Illinois Traffic Ticket?
- Do I have to go to court?
- Will a traffic ticket affect my auto insurance rates?
- Will my license be suspended?
- Can I attend traffic school?
- Will my CDL be cancelled?
- Is supervision an option for a CDL Operator?
Do I need a lawyer for my Illinois Traffic Ticket?
The bottom line is that you should always seek legal advice when it comes to handling a traffic ticket. A driver should not step into court without understanding their options and the consequences of a conviction. Receiving a traffic ticket and appearing in court can be confusing and stressful. An experienced traffic ticket attorney can help guide you through the process and achieve the best outcome possible while minimizing the negative effect on your driver’s license.
Do I have to go to court?
Your traffic ticket will usually indicate whether a court appearance is required. However, the general rule, with certain exceptions, is that you only have to appear if a conviction of the offense may result in possible jail time. If you are unsure, you may contact the clerk of the court. Regardless, it is important to understand that simply mailing in payment for your moving violation is a plea of guilty, which will result in a conviction. The conviction will appear on your driving record. Except under rare circumstances, it is important that you DO NOT mail in payment for your ticket.
If you are unable to appear on your court date, depending on the nature of the violation, it may be possible for an attorney to appear on your behalf. In addition, it may be possible to have the court date changed with the judge’s permission. You should speak with an experienced attorney to discuss your options.
Will a traffic ticket affect my auto insurance rates?
Your insurance rates may increase after receiving an Illinois traffic ticket. Typically, your insurance rates will not increase if your traffic ticket is dismissed, you are found not guilty, or if you are placed on court supervision. Increases in your insurance premium depend on the nature of the violation and your insurance policy. Speak with a traffic ticket attorney or contact your insurance provider to find out the potential consequences on your auto insurance.
Will my license be suspended?
Traffic tickets may result in the suspension of your Illinois driver’s license. In Illinois, drivers with three moving violations within 12 months will have their license suspended for 3 months or longer depending on the nature of the violation. Additionally, the length of suspension may be longer if the driver has been suspended previously. In certain cases, three violations may result in a revocation of your license, depending again on the nature of the violation. For drivers who are younger than 21 years old, two moving violations in 24 months will cause a driver's license suspension. Also, it is important to note that driving on a suspended or revoked license carries serious consequences.
Furthermore, a conviction on certain offenses (i.e. passing a stopped school bus) will cause a license suspension. When facing a suspension, attending court with an experienced attorney is critical.
Can I attend traffic school?
If you have a fairly clean driving record, you may have the option of taking traffic school and receiving court supervision for your moving violation. Completing the requirements for traffic school will prevent a conviction from being entered on your record. Typically, with certain exceptions, you must still appear in court to receive such a disposition. Regardless, traffic school requires spending time and money that many drivers would like to avoid. You may be able to avoid traffic school altogether by attending court with an experienced attorney.
Will my CDL be cancelled?
A driver is disqualified from operating a Commercial Motor Vehicle (“CMV”) if while driving a CMV they either commit two “serious traffic violations” within a three-year period or commit three such violations within a three-year period. Two serious violations with three years will lead to a minimum two-month disqualification while three violations within the same period will result in a minimum four-month disqualification.
Serious traffic violations include exceeding the speed limit by 15mph or more as well as reckless driving. Other examples include lane change violations and following too closely.
Is supervision an option for a CDL Operator?
Court supervision on a traffic ticket will NOT prevent the cancellation of your commercial driver’s license. Commercial drivers are subject to more severe license consequences than standard operators. CDL cases must be handled accordingly, often requiring an amendment to the original charge, or trial where appropriate.