This is one of our most common questions. The short answer is yes. It is a violation of your court supervision and it can lead to resentencing on your case. This could even lead to a suspension if you have had other recent violations. Even if you have violated your supervision, there are tricks you can do to prevent more harm from occurring.
Step 1 – Do not rush to resolve the new ticket in an attempt to get court supervision:
Attempting to pay a ticket as soon as possible is most likely to backfire because it will be a plea of guilty. Most prosecutors are dependent on the Secretary of State (DMV) to tell them if you received new tickets. The Secretary of State primarily reports offenses for which you have already been found guilty. Because of this, most counties are unlikely to notice the new violation if it has not been resolved with a finding of guilt. Instead of paying the ticket, you should consider planning to show up to court. In most counties, you may show up to court on the date listed on the ticket. In other counties, you must request a court date to attend court. The need to request a court date is most common in Cook County. Another benefit of attending court is that court supervision is also easier to obtain in these situations when you attend court.
Step 2 – Identify when your current supervision ends:
Like most of us, when we complete a task, we put it out of sight and mind. Courts are little different. Once your supervision is over, it is extremely rare that they would revisit it. As such, knowing when your supervision ends will tell you when the courts stop looking. We recommend asking Circuit Court Clerk of the county in which you received your ticket when your supervision ends. If your supervision ends after your your court date, you can show up to court and ask for a continuance. With any luck, that it will push it beyond your supervision end date.
Step 3 – Verify if court supervision is an option:
Generally, you can do this in a free consultation with a lawyer. In some situations, you may not be eligible for supervision based on your record or the offense. For example, you are not eligible for supervision on moving violations if you have received it twice for moving violations in the twelve months preceding the issuance of your ticket (730 ILCS 5/5-6-1(k)) Seeking a consultation in advance will prepare you to take adequate steps to prevent damage to your driving privileges and insurance rates. Speeding in a school zone, speeding 26 MPH or more over the limit, and insurance tickets are some of the most common offenses with restrictions on supervision.
Step 4 – Make a plan of action:
You may wish to handle the matter on your own. If you are fully know your eligibility for court supervision, know when your prior supervision ends, and are comfortable handling the new case on your own, this can be an option. If you are not sure about all three of these, it is best that you consider an attorney. In addition to guiding you, an attorney may help avoid the inconvenience of attending court yourself.
Disclaimer – This is not legal advice. This was not written with your specific circumstances in mind. It should regarded as purely for informational purposes. If you wish to have a free consultation on your specific situation, you may contact us at (630) 445-2293.
