June 04, 2009
/24-7PressRelease/ -- Unintended and Harsher Consequences for Traffic Violations
Article provided by Brucar and Yetter, P.C., please visit us at
http://www.brucarandyetter.com
Because of the complex laws regarding traffic offenses and sentencing, many Illinois drivers are facing unintended and more serious consequences for traffic violations. Normally, an individual with a good driving record may be eligible for supervision for certain violations. However, the list of violations for which supervision is available is becoming smaller. In addition, supervision may not be an option for offenses for which it is typically available if a person has two prior supervisions within the previous 12 months.
What is Supervision?
Supervision is basically a deferment of judgment. The trial court has discretion to place a defendant on supervision. If all the conditions of the supervision are met -- such as paying a fine, attending traffic school or performing community service -- the defendant is discharged and there is no conviction. Illinois law allows for two supervisions for violations of the Illinois Vehicle Code in any 12-month period. For a third offense (which may have been otherwise eligible for supervision), supervision is unavailable. (730 ILCS 5/5-6-1(k)).
Supervision May Not Be an Option
Many Illinois drivers do not understand the potentially serious consequences of simply mailing in tickets and paying the fine for seemingly minor traffic offenses like speeding. While paying the fine and pleading guilty may seem easy and like it won't have much of a detrimental impact, a person can seriously jeopardize his or her driver's license down the road.
Generally, a first offense of driving under the influence (DUI) of alcohol or other drugs is a Class A misdemeanor for which supervision is available. However, if a first-time DUI offender has two previous traffic offenses, such as speeding tickets, within the previous 12 months of the DUI, that person cannot automatically get a third supervision for the DUI. It would be necessary for that person to try to have the earlier tickets vacated so that the right to suspension for the first DUI offense is preserved. Losing driving privileges after one DUI is not what the Illinois legislature intended, but it can happen with the law allowing no more than two supervisions in a 12-month period.
Supervision Not Available For Certain Traffic Violations
The Illinois legislature continues to shrink the list of traffic violations for which supervision is available. Supervision is generally not available for violations that are classified as felonies. (730 ILCS 5/5-4.5-50). Supervision is not an option for certain serious traffic violations such as:
Displaying a false insurance card (second offense)
Drag racing
Driving outside the bounds of license restrictions (for individuals under age 21)
Driving with a suspended license (certain tickets)
DUI (certain charges)
Failing to yield to pedestrians in school zones
Having incorrect or invalid weight permits or missing weight permits
Operating an uninsured motor vehicle (second violation)
Passing a marked school bus at stop
Speeding in a school zone
Violating axle weight or carrying excessive weight or load
Conclusion
There is a saying that "bad things happen in threes." This is often the case with traffic violations. A person may go ten years without a ticket and then have a string of speeding tickets or tickets for other traffic violations. If this happens to you, talk to an attorney about your options.
Article provided by Brucar and Yetter, P.C., please visit us at
http://www.brucarandyetter.com---
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