Receiving a traffic ticket ticket can impact the status of your driver's license, driving record, background, and insurance rates. Some traffic tickets are considered petty offenses while others may be considered criminal offenses. The traffic violation lawyer at Shastri Law will represent you in all types of traffic tickets that you have received. Call us now for a free consultation. We represent individuals with traffic ticket citations in DuPage County, Will County, Cook County, Kane County, McHenry County and Kendall County.
Failure to Reduce Speed to Avoid an Accident
Leaving the Scene of an Accident
Driving on a Suspended License
Speeding in a Construction Zone
Fleeing and Eluding a Police Officer
Passing or Overtaking a Stopped School Bus
Driving on a Revoked Lice
Failure to Reduce Speed to Avoid an Accident
Leaving the Scene of an Accident
Driving on a Suspended License
Speeding in a Construction Zone
Fleeing and Eluding a Police Officer
Passing or Overtaking a Stopped School Bus
Driving on a Revoked License
Disregarding a Traffic Control Device
Disobeying a Stop Sign
Improper Turn
Operating Vehicle without Insurance
Plus more traffic offenses that that the traffic violation lawyer at Shastri Law will represent you on.
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 a criminal record. It is beneficial to have a traffic lawyer on your side to get the best deal possible for your traffic ticket if you are willing to plea guilty or fight the ticket(s) by taking the case to trial.
Whether or not you need to appear in Court for your traffic ticket depends on the type of ticket that you have received. Your traffic ticket will indicate if you need to appear in Court and that is usually listed on the bottom of the ticket. Generally, misdemeanor traffic tickets such as aggravated speeding will require a Court appearance while a single, petty ticket will not such as an Improper Turn ticket. However, there are exceptions. For example, an Operating a Vehicle without Insurance ticket is a court appearance required ticket. Also, tickets that are petty in nature but have been resulted after a car accident are also court appearance required tickets. Multiple petty tickets issued to a driver from one stop will also require a court appearance. For petty offenses, a traffic attorney in most instances can appear on your behalf.
Not appearing in Court for a petty traffic ticket will result in what is called a Ex Parte Conviction. That means a conviction will be entered against you even though you did not appear in Court. Not appearing to Court for certain tickets that result in an Ex Parte Conviction can lead to a driver's license suspension. An Operating a Motor Vehicle without insurance is an example of such ticket. Other tickets can lead to fines only but will go against your driving record, which could subsequently lead to a driver's license suspension. Not appearing in Court on 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 class of Misdemeanor the ticket is. Vacating an ex parte conviction or quashing a warrant can be done by a traffic lawyer.
This is one of the most common traffic law frequently asked questions. If you missed court, then either fines were assessed against you in your absence (known as a "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 will need to consult with a traffic attorney to undo the conviction and erase the fines assessed. Typically, you will have 30 days to do so and proper motions with the court will need to be filed. For criminal traffic offenses, a proper motion will need to be brought in front of the judge to quash the warrant. It will be at the judge's discretion to decide whether to quash the warrant. Thorough legal representation will be needed to make sure the warrant is quashed. Contact us as we are experienced and talented traffic law attorneys that will 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. Getting a ticket dismissed outright before trial or a plea of guilt can be difficult. Generally, an outright dismissal will only occur if facts shown to the prosecutor warrants a dismissal during the case. This can happen if mistake in issuing the traffic citation was made. Or that you did not actually commit the offense you are cited for. In those situations, the prosecuting attorney will dismiss your ticket. outright. Other situations that can offer a dismissal can be part of a plea deal where you plead guilty to one offense and another offense gets dismissed in exchange. The other way to get a ticket dismissed is being placed on court supervision. If at the end of the court supervision term, you comply with the conditions and do not receive any other tickets then your ticket will be dismissed. Lastly, you can seek a dismissal by setting the case for trial and either winning the trial or because the complaining witnesses does not appear to offer testimony.
Court supervision is a deferment of conviction. That means that as long as you do not violate any of the terms of your court supervision order (such as get another traffic violation) then the traffic ticket that you are under court supervision for will not show up on your driving record. That is very beneficial as not only will your driving record not reflect the traffic offense but also the traffic offense will not go against your driving record as suspend your driver's license. Court supervision also prevents insurance rates from increasing. A talented traffic attorney like the one in Shastri Law may be able to get you supervision in instances where you thought would not be offered.
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 be able to be placed on Court Supervision again if you are already under another supervision order. Whether or not a prosecutor will offer another court supervision deal or if a judge will allow for another court supervision sentence depends on how many times you have been placed on supervision in the last 12 months, the traffic offense itself, your driving record and other facts surrounding the ticket. An experienced traffic lawyer could get you court supervision again while being placed on court supervision for another offense.
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 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 Shastri Law to help represent you if a Petition to Vacate has been filed on your case.
If you had car insurance during the time you were pulled over but could not provide the insurance card or some proof thereof then the officer will cite you for Operating a Motor Vehicle without Insurance. A mandatory court appearance will be given and scheduled. In this situation, you will need to attend Court and simply provide proof of the insurance to the Prosecutor (typically before Court even starts) and the Prosecutor will dismiss the case. If you did not have car insurance during the time you got pulled over because it lapsed or for some other reason thaen you will need to contact an attorney to deal with the ticket. A no insurance conviction can lead to a driver's license suspension. In Illinois, every driver is allowed court supervision for the first no insurance ticket. Multiple no insurance tickets can lead to a driver's license suspension, and it is the driver's best interest to obtain a traffic ticket lawyer to avoid a possible driver's license suspension.
When you have a CDL and you have been issued a traffic ticket, it is very important to contact a traffic attorney immediately. Moving violations will affect a CDL holder's driving record and CDL holder's are held to a higher standard and face more serious consequences regarding the license than a non CDL holder. Because a CDL is needed to perform the job for CDL drivers, it is very important to consult with a traffic violation lawyer before agreeing to paying a traffic ticket as a CDL driver. Moving violations can suspend the CDL and affect the CDL holder's employment. Generally, some traffic tickets issued to CDL drivers such as Overweight citations will not affect the CDL driving record but others will such as a speeding ticket. Court supervision on a moving violation will not help a CDL holder when it comes to suspension of the CDL. Contact the traffic ticket lawyer at Shastri Law to help get you a non-moving violation to protect your CDL.
Whether or not you will need to take traffic classes or traffic safety school depends on your driving record, age, and the type of traffic ticket that you received. For the most part, young drivers will be required to take traffic safety school as part of the Court Supervision term. Additionally, drivers with a bad driving record may be required to take traffic classes if they are offered Court Supervision. Each traffic ticket is different and whether traffic school will be required will vary by the counties and the type of ticket received. You should always consult with a traffic violation lawyer for your traffic ticket(s). Traffic ticket convictions can lead to a driver's license suspension, higher insurance rates, or a criminal record. It is beneficial to have a traffic ticket lawyer on your side to get the best deal possible for your traffic ticket if you are willing to plea guilty or fight the ticket(s) by taking the case to trial.
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