Legal Question in Traffic Law in Illinois

Failure to reduce speed

I was involved in a multiple car accident (4 total cars), I was the last car in the accident. I was the only driver given a citation ''failure to reduce speed to avoid an accident''. I was told since i was the last car in the line that's why i got the ticket. Is this true? My ticket was marked ''No court appearance required'' so I initially took the option of ''pleading guilty, asking for court supervision allowing me to attend a driver safety program'' this would keep the ticket off my driving record. This option was offered to me from the information provided by the officer at the scene. I recieved a notice I was not allowed to pursue the above option, that the officer had made a mistake, all ''failure to reduce..'' violations have to appear in court. I don't know what my options are, plead guilty, not guilty, trial etc. This is my 1st ticket ever (i'll be 40 in december)and would like to keep it off my record if possible. Having never been in this position I'm a little over-whelmed on how to proceed. Any help would be appreciated.

Asked on 9/26/02, 8:53 am

4 Answers from Attorneys

Roger Malavia The Malavia Law Firm

Re: Failure to reduce speed

We specialize in traffic law and are located downtown. Please feel free to call us. An attorney is imperative in this situation. There may be issues relating to personal injury that also need to be addressed.

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Answered on 9/27/02, 10:11 am

David Shestokas Shestokas, & Associates

Re: Failure to reduce speed

I suggest you retain counsel and go to court on this matter. There are two ways you can avoid having this on your record, one is with court supervision that may be granted if the judge feels it appropriate, or the case may be dismissed if there is no one to testify against you. If you wish to speak about the matter, I can be reached at 630-243-0099. Good luck.

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Answered on 9/26/02, 11:38 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Failure to reduce speed

You do not want to plead guilty to this charge. If you are sued by any of the other people involved in the accident, your plea of guilty may be used against you as evidence that you were negligent and caused or contributed to cause the other peoples' injuries or damages. I would certainly suggest hiring an attorney to represent you. If you are located in the greater metropolitan area (St. Louis), I would be able to help. You may call me for a free telephone consultation at 314-727-2822.

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Answered on 9/26/02, 3:46 pm
Michael Przybylski Przybylski & Associates, Ltd.

Re: Failure to reduce speed

I would definitely have legal counsel in a matter like this because of the amount of liability from the four cars. When you go to court, (which you do need to appear) there are three seperate situations that can occur.

If the person is a no show and this happens quite often in accidents, AND the police officer did not see the accident, then the judge will most likely dismiss the ticket because no one is there to testify against you. If you plead guilty or the judge finds you guilty of the offense he/she can do one of the following: send a conviction to the Secretary of State which will appear on your record or the judge can put you on supervision with or without the need for traffic safety school.

Based upon your driving record, I would tend to think any judge would find the latter to be the appropriate punishment for the offense. It all depends on the judge and the way that they operate.

Should you need further information please do not hesitate to contact me at 847-489-2248.

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Answered on 9/26/02, 9:14 pm

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