When you receive a traffic ticket in Illinois, you have a few options for how to proceed. One of the most common questions people have is whether they can simply pay the ticket and avoid going to court. The short answer is yes, in most cases you can pay the ticket and not have to appear in court. However, there are some important things to consider before making this decision.
Paying the Ticket
If you receive a minor traffic ticket in Illinois such as a speeding ticket, you will typically have the option to simply pay the ticket and not contest it. The back of the ticket will provide instructions on how to pay, including the fine amount and due date. Paying the ticket is essentially pleading guilty to the traffic offense. Some of the implications of paying the ticket include:
- You will have to pay the ticket fine amount listed on the citation, which varies based on the offense
- Points will be assessed against your driving record by the Secretary of State’s office, which can lead to license suspension if you accumulate too many points
- Your insurance rates may increase, especially if you get multiple tickets in a short period of time
In most cases, you can simply mail in a check or money order for the ticket amount to the address listed on the ticket by the due date. Some jurisdictions also allow you to pay traffic tickets online or over the phone. Be sure to keep a receipt as proof of payment.
Not Paying the Ticket
If you choose not to pay the traffic ticket, then you will need to appear in traffic court on your assigned court date to contest it. There are a few reasons you may want to contest the ticket in court instead of simply paying it:
- You want to avoid getting points on your license
- You believe you were wrongly accused and want to tell your side of the story
- You hope the judge may reduce the penalty or impose court supervision instead of the full fine
If you miss your assigned court date without paying the ticket, a failure to appear charge will likely be issued and your driving privileges may be suspended. So it’s important to either pay the ticket or show up to court on time.
Requesting a Court Date
Even if you plan to just pay the ticket, you have the right to request a court date in Illinois. To do this, you would contact the clerk of the court listed on the ticket and provide your ticket information and mailing address. The clerk will then mail you a new ticket with your assigned court date. Reasons you may want to request a court date even if you plan to pay include:
- To delay getting points on your license
- In hopes the officer who issued the ticket will not show up to court
- To ask the judge for time to pay the ticket if needed
Keep in mind that requesting a court date and then paying the ticket later does not prevent the Secretary of State from assessing points against your license. It only delays when the points will be assessed.
Court Supervision
One way to avoid getting points on your license for a traffic ticket in Illinois is to request court supervision. This involves admitting guilt for the offense, but asking the judge to supervise the ticket instead of imposing normal penalties. Requirements for qualifying for court supervision include:
- It must be your first time offense
- You must request supervision before the judge imposes a sentence
- The ticket cannot be for a very serious offense such as DUI
If supervision is granted, you will need to pay the ticket fines and court costs, and successfully complete any terms imposed by the judge such as traffic school. As long as you satisfy the supervision requirements, no conviction will go on your record.
Contesting the Ticket in Court
When you go to traffic court to contest a ticket, you will have the opportunity to plead not guilty and present a defense. Some defenses that may get the ticket dismissed include:
- You were not properly identified as the driver
- There are errors on the ticket
- The officer did not follow proper procedures
- You have proof the offense did not occur
To build your case, be sure to thoroughly review the ticket for any errors or omissions by the officer. Consider taking photographs of the scene or area where you were ticketed. The officer must prove the case against you beyond a reasonable doubt for a conviction, which gives you a chance of winning on technicalities or lack of evidence.
Making a Plea Deal
Another option is to speak with the prosecutor before your court date to try and negotiate a plea deal. They may offer to reduce the charges to a lesser offense or impose a lower fine. This avoids the risk of being convicted on the full original charges at trial. Make sure to get any plea deals in writing. Examples of plea deals include:
- Reducing a speeding ticket to a parking violation
- Dropping the offense to a non-moving violation
- Agreeing to pay a lower fine amount
In general, experienced traffic attorneys will have the best success with negotiating favorable plea bargains and getting charges reduced or dismissed.
Using an Attorney
You always have the right to consult with a traffic ticket attorney to assist you in court. An attorney can review your case and defend you in court. Benefits of hiring a lawyer include:
- Better understanding of traffic laws and defense strategies
- Increased likelihood of getting the charges reduced or dismissed
- Fewer points on your driving record
- Reduced fines
Attorneys are most helpful for serious or complex traffic matters such as DUIs. Their legal expertise gives you the best chance of a positive outcome. Just keep in mind legal fees can make the overall cost higher.
Conclusion
In summary, paying a traffic ticket in Illinois without going to court is generally an option for minor offenses like speeding. Be aware of the implications like fines, points, and insurance hikes before paying. For more serious tickets, or if you want to avoid penalties, consulting an attorney or contesting the ticket in court are options. Carefully weigh the risks and benefits of paying vs. fighting the ticket in your specific case.