Criminal Law Questions? Ask a Criminal Lawyer.
Hello. I will help you today. I have been an attorney for 27 years. I am reviewing your question and will be back to you shortly.
Can you please tell me what state and what county you received the new ticket in?
Also, what are the terms of your supervision for the previous ticket?
OK. For the new case, did you have a court date?
The result was a conviction to the charge? If so, what was the sentence?
That means you may have missed a court date or you failed to respond to the summons within the time given you. Ex parte means you were convicted without being there.
As I mentioned, if you failed to respond within the time, then they can make a decision without your input. Give me a few minutes. I am looking for appeal options for you.
You can file a motion to vacate the judgement of conviction. This has a strict timeline. I can research court forms for you or you may consider having an attorney handle this. I am not sure if your license was suspended as a result of this conviction.
I will see if your conviction requires this. Give me a minute
You can pay online.
Here is the link to pay online: https://epay.18thjudicial.org/Clerk/
I am checking to see if this results in suspension of the license. Give me a minute
How long ago was your prior speeding ticket?
If you receive a conviction within 90 days of the supervision, your first ticket could result in a conviction.
The new conviction carries a 20 point penalty. This could mean a suspension. You should contact the DMV and see if your license is suspended. You should receive this information in the mail soon.
If you receive a conviction within 90 days of the prior supervision, they can reopen the 1st case.
I will show you on the court supervision form. Hold on. I will attach it.
Yes. It is in any court in the state.
Here is the supervision form.
It says the supervision "may be revoked." It does not say "will be".
There is a chance, yes, that they won't.
In my experience, sometimes it is found out and sometimes it is not. It depends on the Clerks and how carefully they do their jobs.
It should happen within the next month.
On your new case, you have no more than 30 days to file a motion to vacate the conviction
You asked about when it will pass if it is not found out. Within the month.
The filing fee for this motion is approximately $45
You need to see if your license is suspended right now by contacting DMV.
No, the court has to notify DMV of the conviction.
You can wait for the letter from DMV.
You may want to file the motion to vacate. You may be able to get court supervision again. For the motion to vacate, you can see if the DuPage County court has the form. I cannot find it online.
It is possible yes.
But no more than two.
It could, yes. However, judges have discretion to allow this. It is possible that the new judge will not grant supervision based on the prior supervision. It is discretionary.
Have you considered getting an attorney to handle this? The motion to vacate may be complicated. It is not impossible for you to do.
No. But you will have to figure out how to file the motion to vacate.
Go to the court on Monday and see if they have a form for this. If you need help filling it out reach out to me.
You must file this motion not more than 30 days from the judgement of conviction - Today.
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If you are successful with the motion to vacate, your case will be put back on the calendar and you can then decide to fight it or take a plea. You may be able to ask for another supervision.
I need to know what the conviction was? Can you give me the actual charge. Were you charged with a misdemeanor or a violation?
I am trying to figure out if you were charged with just an infraction or a misdemeanor. Is there a reckless driving charge? If this is an infraction, you will not be able to plead to a lesser offense. However, you may be able to get supervision again.
You need to file the motion to vacate to reopen the case.
You may be able to reduce the fine, but there is no other way than supervision or complete dismissal if you can fight the charges and you are found not guilty. This means you will have to go to trial and they would have to prove you were speeding.