October 11, 2013 /24-7PressRelease/
-- After a traffic violation, those with a ticket may request an order of court supervision. In Illinois, supervision is a legal disposition, which gives offenders a second chance. In such cases, a driving conviction is not imposed on the traffic
violator, providing he or she complies with specific conditions. Generally, supervision may be granted in petty offense traffic and most misdemeanor cases. If a person has a more egregious traffic issue, a judge may choose to deny Court Supervision.
If an order of supervision is granted in Illinois, the offender may have to pay a fine or attend a Traffic Safety School. If the person does not complete the ordered conditions of supervision, a conviction may subsequently be entered against the offender. Moreover, the violator may have to pay additional fines.
Under Court Supervision, a person is under the court's jurisdiction for a period of time. If the traffic offender commits no further offenses during this period, the case will be dismissed. Conversely, if the person commits another traffic violation during this period, the court may be notified and a hearing to revoke scheduled. If the prosecutor proves that a violation occurred, the court will resentence the offender.
However, if the circumstances of the initial driving offense are serious, a court may not grant supervision. For example, judges rarely or are prohibited by law from granting supervision for the following traffic violations:
- Driving without insurance for a second time.
- A second violation of displaying false proof of insurance.
- A subsequent offense of driving with registration that has been suspended because of an insurance violation.
- Driving offenses related to truck and weight regulations.
- Passing a school bus on the road that is carrying students.
- Speeding 30 or more over.
- Speeding 40 or more over.
- DWLR and DWLS
In such cases, a conviction is often imposed. Court supervision is not available for felony offenses. Also, a judge is not likely to order supervision in cases involving injuries or harm to persons or property.
However, a court's decision is often based on the totality of the circumstances. For example, if the defendant has a history of traffic violations, the court may believe a conviction is proper. On the other hand, if the motorist has no history, a judge may consider this as well as other factors.
If you have been charged with a traffic offense
, it will benefit you to contact an experienced traffic attorney in Illinois to discuss all your options. Avoiding a conviction is always good.
Article provided by Wolfe & Stec, Ltd.
Visit us at www.dupagecountylawoffices.com