Legal Question in Traffic Law in Illinois

16 y/o w/speeding ticket

My son received a speeding ticket for going 43 in a 25 zone. He says he was going about 28 when the policeman came up close on his tail. He said he got scared and didn't know what to do so he sped up. Unfortunately, the cop kept on his tail and then finally turned on his lights and pulled him over. Since this time I've educated my son on how to handle these type of situations in the future. Unfortunately, we go to court tomorrow, and he doesn't feel he should have to plead ''guilty'' since he felt he was being intimidated. I told him if the policeman is there, he will have to plead guilty. What would be your opinion? A prompt ans would be appreciated. Nothing like waiting until the last minute.


Asked on 3/31/08, 4:21 pm

1 Answer from Attorneys

Jonathan Cohen Shestokas, Raines, & Malavia, P.C.

Re: 16 y/o w/speeding ticket

Well, your son is certainly not required under any circumstances to plead guilty, whether the officer shows up to court or not. Although your son may not have the right to request a jury trial (speeding tickets, unless you're into the aggravted speeding category, are generally only punishable by a fine in Illinois), he certainly has as right to a bench trial in front of the judge. Depending on your son's driving record, he may be eligible for court supervision either on a plea of guilty or after a trial. If he really does not want to plead guilty he could conduct a short trial and explain what happened to the judge. There is a possibility that, even if the judge finds him guilty of speeding, he may still give your son court supervision. Court supervision, generally speaking, does not result in a conviction on his driving record and often has no effect on things like insurance rates. Your son may be able to argue that he sped up out of necessity in order to maintain a safe distance between his own vehicle and the officer's vehicle. A question for the officer at trial, should your son choose to plead not guilty, is how does the officer know he was going 43 mph? Did the officer clock your son on stationary radar or is the 43 mph an estimate based on how fast the officer was following your son?

In any event, it is likely that the worst your son faces from this ticket is a fine. If he truely does not want to plead guilty, he can request a trial. Just be aware that if your son has several moving violations within the past year or two (depening on whether he is over or under 21 years old), another conviction for a moving violation could result in license suspension. License suspension can result after 3 convictions for moving violations in a 1 year period (if over 21).

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Answered on 3/31/08, 8:50 pm


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