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Failing to Appear in Traffic Court Has Consequences

Posted on in Traffic Violations

b2ap3_thumbnail_shutterstock_340953965.jpgWhen an individual is charged with a crime or issued a traffic citation, he or she will most likely have to make a court appearance. It is important that defendants make those appearances to avoid exacerbating the situation with the addition of new penalties. Retaining a competent traffic ticket defense lawyer is a good way to help you keep those scheduled court appearance and steer clear of new charges.

Fine-Only Violations

Failing to appear in court after receiving a traffic citation can result in a hefty fine and possibly impact one’s ability to maintain their driving privileges. If a person ignores a ticket or skips a court date:

  • The judge can convict the absent party (ex parte judgment) and assess a fine.
  • The conviction subsequently is reported to the Illinois Secretary of State upon which it will be included on the convicted person’s driving record.
  • The Clerk of the Circuit Court will send a notice of the conviction and the fine to the person.
  • Failing to pay the fine within 46 days allows the Secretary of State to prevent the person from renewing, replacing or re-classifying their license until such time the fine is paid. However, one can take steps to vacate the ex parte judgment.
  • The first step is to file a motion, in writing, with the court to vacate the judgment. This requires a payment of a $45 fee.
  • A motion filed after 30 days but before two years after the judgment, the court can order relief if it is shown that the defendant can show due diligence and worthy cause for reversing the judgment.
  • The knowledge of an experienced traffic ticket defense attorney is an excellent resource from which to obtain a well-written and properly filed motion.

Never Appear in Court Without a Knowledgeable Illinois Criminal Defense Attorney

Regardless of how serious the offense one is facing, appearing in court without the benefit of experienced counsel can put one at a disadvantage. An experienced and knowledgeable Arlington Heights traffic ticket defense attorney will ensure you are treated fairly by prosecutors, law enforcement, and the court. Scott F. Anderson, Attorney at Law, applies years of experience and available resources to ensure all clients are represented in a vigorous manner. Schedule a free consultation in advance of your court date by calling 847-253-4700 to discuss the best manner in which to proceed.

Sources:

http://www.failuretoappear.org/failuretoappearconsequences.html

http://www.cookcountycourt.org/ABOUTTHECOURT/MunicipalDepartment/FirstMunicipalDistrictChicago/TrafficSection/IfYourAppearanceIsNotRequired/FailureToRespondOrAppear.aspx

 

CALL US TODAY AT 847-253-3400 FOR A FREE INITIAL CONSULTATION