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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 111544
Experience:  Attorney with over 24 years of law and traffic law
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Speeding ticket in indiana and license in illinois. what

Customer Question

speeding ticket in indiana and license in illinois. what should i do?
Submitted: 11 months ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The first thing you should do is you should follow the instructions on the ticket and plead not guilty. The reason you should plead not guilty and go to court on the court date is because in 99% of these cases the prosecutor will make some form of a deal, such as a deferred adjudication or reduction to another non-moving violation or sometimes even flat out dismissal if the officer who wrote the citation does not show up in court.
A deferred adjudication is where you pay the fine and costs, but they do not enter a judgment against you and if you do not get another citation in 6-12 months (depending on the prosecutor) then the citation is automatically dismissed and not reported to IL, so you get no tickets points reported on your license.
Reduction to a non-moving violations is what it says, the prosecutor changes the ticket violation to non-moving and that means you pay the fine, but no points are associated with a non-moving violation so it does not have any points onto your license.
If you notice a pattern here, mostly all the court wants is money, they care less about license points most times.
Now, if they set the case for a trial and the officer fails to appear, you can potentially get a dismissal of the citation, but this is fairly rare unless the prosecutor knows this is one of the officers who routinely fails to come to court.
Customer: replied 11 months ago.
our son is 20 and attends University of Ky. He will possibly be in class on the assigned court date and unable to appear on court date in Indiana. can he drive there today and make this deferred adjudication? Not even sure if the court house is open today. court date is for Jan. 5, 2016.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for you reply.
You can get him an attorney to show up and represent him if you choose. I understand he may be in class, but if he pleads guilty and pays the fine outright, then he has the points on his license and increased insurance rates. So that is a decision you and he have to make. The court may grant a continuance, but he has to appear in court to go to the clerk's office to enter a plea of not guilty and seek to perhaps get it set for during school break sometime.

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