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Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience:  Attorney and Counselor at Law
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I got a ticket recently and failed to pay the fine or apply

Customer Question

HI I got a ticket recently and failed to pay the fine or apply for supervision within the time given, now I have a conviction What do I do
JA: What are the exact charges, and where does the matter stand as of now?
Customer: Speeding 15-20mph over limit
JA: Have you talked to a lawyer yet?
Customer: No I have not
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am already on supervision from a previous ticket In a different county
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 11 months ago.

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.

Customer: replied 11 months ago.
Thanks
Expert:  Colleen Grady replied 11 months ago.

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?

Customer: replied 11 months ago.
IL - Dupage County
Customer: replied 11 months ago.
I never received any terms on the other ticket.
Customer: replied 11 months ago.
I was just asked to pay the fine and that was it. It never showed up on my record nor can I even search that ticket online. I had a good lawyer help me through that.
Expert:  Colleen Grady replied 11 months ago.

OK. For the new case, did you have a court date?

Customer: replied 11 months ago.
It was today
Expert:  Colleen Grady replied 11 months ago.

The result was a conviction to the charge? If so, what was the sentence?

Customer: replied 11 months ago.
JUDGMENT OF CONVICTION - EXPARTE
Customer: replied 11 months ago.
Is that what you mean?
Expert:  Colleen Grady replied 11 months ago.

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.

Customer: replied 11 months ago.
but I was not required to appear. I had to respond before that date I think. I did not do that.
Customer: replied 11 months ago.
What are my options. What can I do here?
Expert:  Colleen Grady replied 11 months ago.

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.

Customer: replied 11 months ago.
Thank you
Expert:  Colleen Grady replied 11 months ago.

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.

Customer: replied 11 months ago.
How can I find out if license was suspended?
Customer: replied 11 months ago.
If I file a motion to vacate, won't they pull up my history and see an existing supervision?
Customer: replied 11 months ago.
But for now I should pay the fine that I have not paid?
Expert:  Colleen Grady replied 11 months ago.

I will see if your conviction requires this. Give me a minute

Expert:  Colleen Grady replied 11 months ago.

You can pay online.

Expert:  Colleen Grady replied 11 months ago.

Here is the link to pay online: https://epay.18thjudicial.org/Clerk/

Customer: replied 11 months ago.
What usually happens after that? Do they send in a notice or revoke my driving privileges ?
Expert:  Colleen Grady replied 11 months ago.

I am checking to see if this results in suspension of the license. Give me a minute

Expert:  Colleen Grady replied 11 months ago.

How long ago was your prior speeding ticket?

Customer: replied 11 months ago.
That happened in July, but the court date was in September when I got supervision
Expert:  Colleen Grady replied 11 months ago.

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.

Customer: replied 11 months ago.
Hello?
Expert:  Colleen Grady replied 11 months ago.

If you receive a conviction within 90 days of the prior supervision, they can reopen the 1st case.

Expert:  Colleen Grady replied 11 months ago.

I will show you on the court supervision form. Hold on. I will attach it.

Customer: replied 11 months ago.
Even if it was in a different county?
Expert:  Colleen Grady replied 11 months ago.

Yes. It is in any court in the state.

Expert:  Colleen Grady replied 11 months ago.

Here is the supervision form.

Customer: replied 11 months ago.
Oh no .. reopen first case? When you say they "may" .. is there a chance they don't?
Expert:  Colleen Grady replied 11 months ago.

It says the supervision "may be revoked." It does not say "will be".

Expert:  Colleen Grady replied 11 months ago.

There is a chance, yes, that they won't.

Customer: replied 11 months ago.
In your experience, how does it commonly play out?
Expert:  Colleen Grady replied 11 months ago.

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.

Customer: replied 11 months ago.
when will it pass if it is not found out
Expert:  Colleen Grady replied 11 months ago.

It should happen within the next month.

Customer: replied 11 months ago.
What should happen?
Expert:  Colleen Grady replied 11 months ago.

On your new case, you have no more than 30 days to file a motion to vacate the conviction

Expert:  Colleen Grady replied 11 months ago.

You asked about when it will pass if it is not found out. Within the month.

Customer: replied 11 months ago.
I am worried that if I file to vacate, they can reopen the old case
Expert:  Colleen Grady replied 11 months ago.

The filing fee for this motion is approximately $45

Expert:  Colleen Grady replied 11 months ago.

You need to see if your license is suspended right now by contacting DMV.

Customer: replied 11 months ago.
Does that suspension of license take into effect immediately?
Expert:  Colleen Grady replied 11 months ago.

No, the court has to notify DMV of the conviction.

Expert:  Colleen Grady replied 11 months ago.

You can wait for the letter from DMV.

Customer: replied 11 months ago.
In your experience, what are my options in this case and what can I do to not worry (apart from not speeding again)
Expert:  Colleen Grady replied 11 months ago.

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.

Customer: replied 11 months ago.
Is it possible to have two court supervisions at the same time?
Expert:  Colleen Grady replied 11 months ago.

It is possible yes.

Expert:  Colleen Grady replied 11 months ago.

But no more than two.

Customer: replied 11 months ago.
it wont affect my existing supervision or will they cancel that
Expert:  Colleen Grady replied 11 months ago.

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.

Expert:  Colleen Grady replied 11 months ago.

Have you considered getting an attorney to handle this? The motion to vacate may be complicated. It is not impossible for you to do.

Customer: replied 11 months ago.
Do I need a lawyer?
Expert:  Colleen Grady replied 11 months ago.

No. But you will have to figure out how to file the motion to vacate.

Customer: replied 11 months ago.
Ok
Expert:  Colleen Grady replied 11 months ago.

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.

Expert:  Colleen Grady replied 11 months ago.

You must file this motion not more than 30 days from the judgement of conviction - Today.

Please let me know if I can help more today.

If you are satisfied with my help, please rate me by clicking on the stars.

Expert:  Colleen Grady replied 11 months ago.

Let me know.

Customer: replied 11 months ago.
I will get back to you. Thanks.
Expert:  Colleen Grady replied 11 months ago.

You're welcome

Customer: replied 11 months ago.
What happens are filing motion to vacate?
Expert:  Colleen Grady replied 11 months ago.

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.

Customer: replied 11 months ago.
Can I get it reduced to a non moving violation? How does that work?
Expert:  Colleen Grady replied 11 months ago.

I need to know what the conviction was? Can you give me the actual charge. Were you charged with a misdemeanor or a violation?

Customer: replied 11 months ago.
Speeding 15-20 mph over limit
Expert:  Colleen Grady replied 11 months ago.

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.

Customer: replied 11 months ago.
I had reckless driving first then got supervision. Then I got a 15-20 over charge. I want to have this second ticket reduced from a conviction and not want another supervision.
Expert:  Colleen Grady replied 11 months ago.

You need to file the motion to vacate to reopen the case.

Customer: replied 11 months ago.
Alright. And then... how do I reduce to non moving once case is opened? How long does this take?
Expert:  Colleen Grady replied 11 months ago.

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.