Results 1 to 5 of 5
  1. #1
    Join Date
    Apr 2013
    Posts
    5

    Default Speeding Ticket While on Supervision

    Well my lucky day again.

    Last year in June I got pulled over twice within a week. (Will County IL) First time was a speeding ticket 45 in a 30 zone. Then like 3 days later on the same street got 2 tickets for my window tints and license plate cover. I went to court and got the last 2 tickets dismissed and received 90 day court supervision on the speeding ticket.


    Then recently 2 months ago in a different county (DuPage County IL). I have no idea how I got a speeding ticket in a school zone because that street was stop and go.
    That time it was with laser radar and video recorded. I got one also for no seatbelt also. The cop said he was doing 39 in a 20 zone but he didn't label it as a school zone ticket. On that I went to court and just told the judge guilty but I want court supervision. Judge was like hold on I have to check first. She dismissed the seatbelt ticket and granted me 90 day court supervision.


    Today I find myself again in this situation. (WillCounty) Just a minute away from home I got pulled over doing 50 in a 30 lane. Now the question I have is it has only been a month of the the 90 day supervision. Court appearance is not required but on the ticket is first week of June. Would it be wise to get the court date pushed out to July and then try to get court supervision on todays ticket? My friend was telling me since it's a different county I should be able to get supervision but then again this would be the 3rd time asking for supervision in 12 months. Would a lawyer be necessary ?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Speeding Ticket While on Supervision

    I wouldn't rely on what your friend told you because your friend isn't a lawyer.

    It should be obvious to you that the judge can bring up your record and realize that you pushed back the date so that you could get supervision again and you'll be nailed on this current ticket.

    I doubt if a lawyer will get any different results.

    Maybe you need to own up to being a scofflaw and pay more attention to your driving habits before you end up losing your license as a habitual offender.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Speeding Ticket While on Supervision

    I don't know how much "luck" has to do with anything here and it has been my experience that when friends tell you one thing, it usually turns out to be the opposite.

    Traffic violations are criminal matters in Illinois, are they not? And so any deferred adjudication of a traffic violation would be handled under Illinois criminal code and other related provisions. To assume that record keeping for such a system is limited to each county on its own when in reality the provisions apply to anything from minor misdemeanors all the way up to felonies would be a BIG understatement and an even BIGGER mistake.

    That said, you were given some sort of certificate the last time when you were placed on probation, were you not? Start off with that and my guess, one of the terms of your probation will include language such that "any violation of law in ANY jurisdiction" will subject you to the possibility of a probation violation and the termination of any such privileges under that program.

    A quick search of the Illinois code tells me that the controlling section in your case is under ARTICLE 6. SENTENCES OF PROBATION AND CONDITIONAL DISCHARGE, Section. 5-6-1. Sentences of Probation and of Conditional Discharge and Disposition of Supervision.

    Subsection (q) of that section states the following:

    (q) The provisions of paragraph (c) shall not apply to a defendant charged with violating subsection (b) of Section 11-601 of the Illinois Vehicle Code when the defendant was operating a vehicle, in an urban district, at a speed in excess of 25 miles per hour over the posted speed limit.


    So with this being under 25 mph in excess, you would qualify.

    However, and though it seems that under 730 ILCS 5/5-6-2. Incidents of Probation and of Conditional Discharge. (same page linked above), and while it might allow for multiple probation terms imposed at the same time, it is NOT likely to allow a second probation adjudication to run concurrent with a previously imposed term simply because violating the law means violating probation and in turn, termination of the previously imposed probation term.

    This is certainly one that is suitable for at least a consultation with an attorney if not to be able to somehow finagle your way into another deferred adjudication, then only to save yourself from violating the original case you are currently on. Which, in my opinion, is likely to be too late to save anything. But what do I know!

    Oh, and I highly doubt pushing the date forward would accomplish much of anything. The fact that you were cited during the period of probation is likely to trigger a violation and termination. But again, an attorney who is local to your court would be better informed as to the procedures for that court.

    ETA: Let me also add that it will come to a certain point when your requests to be granted the privilege of court supervision on these and other traffic matters will cease to exist. Typically, the purpose of probation is to allow you the opportunity to forgo the typical punishment in hopes that the process will be part of the lesson you learn. By you continuing to violate the law and are now even violating the terms of your probation, judges aren't going to be inclined to offer you that privilege and instead are likely to impose even higher fines and penalties to a repeat offender.

    From the opening paragraph of the section I linked above:

    The General Assembly finds that in order to protect the public, the criminal justice system must compel compliance with the conditions of probation by responding to violations with swift, certain and fair punishments and intermediate sanctions. The Chief Judge of each circuit shall adopt a system of structured, intermediate sanctions for violations of the terms and conditions of a sentence of probation, conditional discharge or disposition of supervision.


    And you should keep in mind that I have not looked into the type of penalty you may receive as a result of a possible violation of your probation!

  4. #4
    Join Date
    Apr 2013
    Posts
    5

    Default Re: Speeding Ticket While on Supervision

    Well my friend doesn't have the best driving record out there. He was telling me a few years back he had 3 court supervisions from 3 different counties. He either handled it on his own or with a lawyer. He has had about 30 some tickets the past 15 years and hasn't had his license suspended.

    Last ticket I paid I in court I didn't get any certificate. Just a receipt saying it was paid.

    Overall it's all about the money how much they can squeeze out of you when you goto court.








    Quote Quoting That Guy
    View Post
    I don't know how much "luck" has to do with anything here and it has been my experience that when friends tell you one thing, it usually turns out to be the opposite.

    Traffic violations are criminal matters in Illinois, are they not? And so any deferred adjudication of a traffic violation would be handled under Illinois criminal code and other related provisions. To assume that record keeping for such a system is limited to each county on its own when in reality the provisions apply to anything from minor misdemeanors all the way up to felonies would be a BIG understatement and an even BIGGER mistake.

    That said, you were given some sort of certificate the last time when you were placed on probation, were you not? Start off with that and my guess, one of the terms of your probation will include language such that "any violation of law in ANY jurisdiction" will subject you to the possibility of a probation violation and the termination of any such privileges under that program.

    A quick search of the Illinois code tells me that the controlling section in your case is under ARTICLE 6. SENTENCES OF PROBATION AND CONDITIONAL DISCHARGE, Section. 5-6-1. Sentences of Probation and of Conditional Discharge and Disposition of Supervision.

    Subsection (q) of that section states the following:

    (q) The provisions of paragraph (c) shall not apply to a defendant charged with violating subsection (b) of Section 11-601 of the Illinois Vehicle Code when the defendant was operating a vehicle, in an urban district, at a speed in excess of 25 miles per hour over the posted speed limit.


    So with this being under 25 mph in excess, you would qualify.

    However, and though it seems that under 730 ILCS 5/5-6-2. Incidents of Probation and of Conditional Discharge. (same page linked above), and while it might allow for multiple probation terms imposed at the same time, it is NOT likely to allow a second probation adjudication to run concurrent with a previously imposed term simply because violating the law means violating probation and in turn, termination of the previously imposed probation term.

    This is certainly one that is suitable for at least a consultation with an attorney if not to be able to somehow finagle your way into another deferred adjudication, then only to save yourself from violating the original case you are currently on. Which, in my opinion, is likely to be too late to save anything. But what do I know!

    Oh, and I highly doubt pushing the date forward would accomplish much of anything. The fact that you were cited during the period of probation is likely to trigger a violation and termination. But again, an attorney who is local to your court would be better informed as to the procedures for that court.

    ETA: Let me also add that it will come to a certain point when your requests to be granted the privilege of court supervision on these and other traffic matters will cease to exist. Typically, the purpose of probation is to allow you the opportunity to forgo the typical punishment in hopes that the process will be part of the lesson you learn. By you continuing to violate the law and are now even violating the terms of your probation, judges aren't going to be inclined to offer you that privilege and instead are likely to impose even higher fines and penalties to a repeat offender.

    From the opening paragraph of the section I linked above:

    The General Assembly finds that in order to protect the public, the criminal justice system must compel compliance with the conditions of probation by responding to violations with swift, certain and fair punishments and intermediate sanctions. The Chief Judge of each circuit shall adopt a system of structured, intermediate sanctions for violations of the terms and conditions of a sentence of probation, conditional discharge or disposition of supervision.


    And you should keep in mind that I have not looked into the type of penalty you may receive as a result of a possible violation of your probation!

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Speeding Ticket While on Supervision

    Quote Quoting c0ol2
    View Post
    Well my friend doesn't have the best driving record out there. He was telling me a few years back he had 3 court supervisions from 3 different counties. He either handled it on his own or with a lawyer. He has had about 30 some tickets the past 15 years and hasn't had his license suspended.
    I can see how and why you'd be so proud of such a friend! Let me guess... 27 of those tickets were actually PARKING tickets!

    I actually have had 4 probation cases at once, 42 speeding convictions and not one license suspension. In fact they couldn't suspend my license, you know why? Because I don't have one!!! Mind you, not once did I have to appear in court and not because I had an attorney, heck no, I didn't... They brought court to me. All this has been over the last 150 years and so it doesn't mean anything I just told you is true!

    Quote Quoting c0ol2
    View Post
    Last ticket I paid I in court I didn't get any certificate. Just a receipt saying it was paid.
    I wasn't referring to the last ticket you paid... I was referring to the case where you were placed on probation/court supervision.

    Being on court supervision without outlining the requirements, restrictions and conditions is meaningless, but if you don't think the court placed any conditions on you then what are you worried about? why are you here inquiring?

    Quote Quoting c0ol2
    View Post
    Overall it's all about the money how much they can squeeze out of you when you goto court.
    True... It has nothing to do with you exceeding the speed limit by 20 mph this time, 19 mph the time before that or 15 mph the first time... Just that they like squeezing money out of unsuspecting victims! Mind you the last time, you couldn't even claim not being familiar with the area and "oh, I missed the speed limit sign" you were one minute away from home, on a route that you probably take every day, for crying out loud!

    And do you notice a trend? You started with 15 mph, went to 19 mph and your last was 20 mph... Keep it up, you'll soon be past 25 mph and as such wouldn't even qualify for court supervision.

    Answer this for me... When the judge told you to "hold on I have to check first", what did you think she was checking? Her "make up"?

    From Section 5-6-3. Conditions of Probation and of Conditional Discharge.
    (a) The conditions of probation and of conditional discharge shall be that the person:
    (1) not violate any criminal statute of any jurisdiction;

    "Any criminal statute" as I described above, would include other speeding violations. Furthermore, "any jurisdiction" would include other Illinois counties but it also includes other states where traffic violations are likely to be abstracted to Illinois pursuant to some interstate compact. but if that doesn't fit within your expectations, you're free to dismiss it as being nonsense!

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Radar Speeding Ticket, But My Speedometer and GPS Said I Wasn't Speeding
    By Itwasentme in forum Moving Violations, Parking and Traffic Tickets
    Replies: 15
    Last Post: 03-08-2012, 10:42 PM
  2. Speeding Tickets: Deferred Speeding Ticket Ruined by New Speeding Ticket
    By emseahays in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 06-18-2011, 01:12 AM
  3. Supervision of Executors
    By redstar in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 01-14-2010, 09:29 AM
  4. Neglectful Supervision
    By misslady2886 in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 08-15-2008, 02:34 PM
  5. Traffic Court Issues: New Speeding Ticket While On Court Supervision
    By Jakethy in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 12-26-2007, 06:11 AM
 
 
Sponsored Links

Legal Help, Information and Resources