If you are wondering how to reduce points on your drivers license in Illinois when you have a conviction for a traffic ticket on your driving record it is possible to remove it and maintain clean driving history. This can be done by filing a motion to vacate. When a motion to vacate is filed the case is brought back before the judge. According to criminal law, only criminal charges can be eligible for expungement. Traffic tickets are not.
There are a lot of drivers who face license suspensions because they have broken many moving violations. A motion to vacate is seen as the most reasonable solution to either shortening the license suspension period or getting rid of the suspension. Instead of going through the lengthy and complex process of having to go for an administrative hearing before the secretary of state a motion to vacate is the preferred action.
There are several factors that will be considered to determine if you have a chance at being successful with this strategy. If the individual did not pay for the ticket, they failed to appear in court or they opted to mail the payment for the ticket it is possible to resolve the conviction without them getting convicted.
Also, if the individual had already been sentenced to court supervision and failed to complete the conditions that were set a motion to vacate can be filed. The motion will be filed with the aim to request the judge to reinstate the court supervision. However, it will be necessary to fulfill the original terms of your court supervision.
If you are unhappy with the judge’s ruling you have 30 days to appeal the ruling. Unlike other cases, for an appeal, if 30 days go by the case may not be eligible to be filed under a motion to vacate.
Table of Contents
How to Remove a Traffic Ticket from Your Driving Record in Illinois
The only way that a traffic ticket can be cleared from your driving record is by bringing the case back in front of a judge. It is possible to remove a traffic accident entry from your driving record in Illinois. Even so, for you to be able to do that you have to do that there are some questions that should be put into consideration:
- When were you issued the traffic ticket? Was it at the time of the accident?
- If you were issued the ticket at that time what were the results?
- Did you plead guilty?
- Found guilty after a trial
- Case dismissed
- Were you found not guilty after a trial?
- Was there failure to pay
- Did you appear in court?
- As a result of the accident did you or another party incur injuries?
In the case where you were issued a traffic ticket and you never paid for it or the issue was never resolved in court it is possible for a criminal attorney to help you file a motion that will help reopen the case.
Other instances where you may be able to challenge or remove the traffic offense from your driving record are when:
- You were never found guilty of the traffic offense but the notation of the accident is still present in your driving record
- The case was dismissed and the driving record still has not been cleared
In these instances, it is best to have traffic attorneys review your driving record, help you keep your driving privilege, and advise you on the best course of action. Negative marks on your driving record can have a negative impact on your insurance. Also, there will be serious consequences for you if you have a commercial driving license.
How Do You Get Out Of a Speeding Ticket?
When you get a speeding ticket in the state of Illinois you normally have three options. You can choose to pay the ticket, go to court to prove you were not speeding, and contest the ticket or accept the points to your record and do court supervision.
If you do decide to go to court to court and fight the ticket you will face a prosecutor who will be trying to prove that you were speeding in excess and that you are guilty of the criminal traffic violations you are facing. A traffic ticket can seem unjustified but at times it can be hard to beat speeding violations.
However, if you are sure of your innocence of the common offenses you are being accused of you should not have to plead guilty and settle for court supervision. You should hire an experienced traffic attorney whom you can trust to offer you legal representation and help you prevent heavy fines and penalties such as the loss of license if you are a commercial driver.
In case there is a hearing and the traffic officer who gave you the traffic ticket does not show up your case can be dismissed. Even so, the best strategy would is not to rely on the officer not showing up to carry out a bit of research. Understand your state’s motor vehicle code so you know the speed law that you are being accused of violating.
Here are a few things that you can do to prepare for your case.
To avoid traffic convictions for speeding you have to prove that you were not speeding. You will need solid evidence that is acceptable in a traffic law court. This is the best chance you have of winning the traffic case against you. Admissible evidence includes GPS data from a smartphone app, a dashcam video, or any other evidence in form of pictures.
Carry out Research on the Speed Equipment The Officer Used
Note the device that the traffic officer used to determine that you were in violation of a speed law. Look out for the weaknesses that the device has. It could have been a defective speedometer.
Keep Track of Witnesses
Witnesses can include passengers who were in the car or bystanders who were around when the ticket was being issued.
You should as well ensure that the proper signal was on at the time so you can prove that you did not disregard traffic light rules. An attorney for traffic who understands the complexities of traffic laws can help
The Point System in Illinois
A traffic ticket in Illinois will result in fines and tickets. Driving-related violations can as well result in demerit points to an individual’s driving license. The state uses these points so they are able to identify drivers who are dangerous on the road. When a driver acquires many points over a certain period of time it will result in license-related penalties.
It is important for every driver to note that the points can add up even for minor traffic violation convictions such as not keeping the proper lane or even driving a few miles over the set speed limit. When the points accumulate over a certain time, your driving license will be suspended. If you are caught driving while you are in the driver’s license suspension period you may be imprisoned.
How Illinois Driver’s License Points Work
Illinois DMV points system adheres to certain consequences for common moving violations.
- For speeding, you can get five to fifty points depending on the speed at which you were going
- Twenty points for not obeying traffic signals
- Twenty points for not keeping in the proper lane
- Twenty-five points for being in possession of an open alcohol container
- Fifty-five points for driving recklessly
When you get three traffic violations within a period of one year it can lead to your license getting suspended. If you have not had your license suspended in the last seven years here are some of the consequences that you will face.
- A 2-month suspension if you have fifteen to forty-four points
- For forty-five to seventy-four points, you will get a 3-month suspension
- For seventy-five to eighty-nine points you will face a 6-month suspension
- When you get to ninety-nine points you will get a 9-month suspension
When you pay for traffic citations you are accepting convictions for traffic violations and it will add to your points. It is important that before you act on a citation for traffic violations to talking to a traffic lawyer that is knowledgeable about traffic laws. An experienced Chicago Traffic Lawyer will help you understand the best course of action.