Worried about doing this on your own? You may be able to get free legal help.
Part of the Drivers' rights library, sponsored by Reed Smith.
You should seek legal advice before acting. You may unknowingly damage your driving record. The staff of the Office of the Clerk of the Circuit Court are not allowed to give legal advice. They may only provide information about the reason you received a ticket and what fines are due.
[no-lexicon] What is a minor traffic offense? [/no-lexicon]
A minor traffic offense is when you break a traffic law, but it is less serious than a misdemeanor. Usually you will just get a ticket and will not be arrested. Minor traffic offenses include:
- Driving without insurance,
- Speeding,
- Broken tail light,
- Cracked windshield,
- Expired automobile registration, and
- Driving while your license is suspended because of an unpaid civil penalty or failure to comply with a support order or visitation order.
I just got a traffic ticket. What do I do?
Read the ticket carefully. See if you must go to court or if you can just pay a fine. If you must go to court, make note of the court location.
My ticket says I don't have to go to court and I can just pay my fine. What are my choices?
The ticket lists the choices on the back. Read them carefully. There are usually 3 options:
- Plead guilty and pay a fine,
- Plead guilty and attend Traffic Safety School, or
- Request a trial court date.
Going to court lets you argue your case. When requesting a court date, pay attention to the time-frame on the ticket.
I want to plead guilty and pay the fine
If you plead guilty, the offense will be listed as a conviction. Convictions go on your driving record. They may lead to suspension or revocation of driving privileges. You will also need to pay the fine set by your circuit court.
I want to plead guilty and attend Traffic Safety School
You must be eligible for Traffic Safety School. Those who went to Traffic Safety School in the past year may not be eligible. In Cook County, online traffic safety school courses do not count as an option. However, other counties may accept online courses. Contact your circuit court to find out how you can attend Traffic Safety School.
If you are not eligible to attend traffic school, pleading guilty will result in a conviction. Many people are eligible and do attend Traffic Safety School. If you complete traffic school, your driving record will not have a conviction. Instead, your driving record will have a supervision.
When you have successfully completed your assigned Traffic Safety School course, your attendance is reported to the clerk of the circuit court by the Traffic Safety School. This means you do not need to go to court to show you’ve finished your course.
For more information about your eligibility to attend Traffic Safety School, contact the clerk of the circuit court or visit their traffic webpage.
I am not guilty and want to go to trial
You may check this option on your ticket and request a trial date. In Cook County, court dates are assigned via mail within 21 days. Follow up with the court if you don’t receive a court date within 21 days. Other counties may assign court dates differently. Contact your clerk of the circuit court if you have questions. If you miss your court date, you may be convicted.
I requested a court date or my ticket says I must appear in court
The ticket lists the date, time, and court location. Arrive at least 15 minutes before the time noted on your ticket. You should also dress in a manner that shows respect for the court.
[no-lexicon] Should I hire a lawyer for a traffic ticket? [/no-lexicon]
It is best to have a lawyer. The traffic violation could have a negative effect on your driving privileges. This is especially true if you were in an accident or you are under 21 years old. The judge may refer you to a lawyer.
What should I bring to court?
Bring any documents that will help you defend yourself. These include proof of insurance, registration papers, and car repair receipts. Witnesses who can testify on your behalf should also come with you.
What happens when I get to court?
First, check in with the clerk. Cases are called in the order in which you checked in. However, cases with a party represented by a lawyer will be called first.
Who are all those people in the courtroom?
The judge sits directly behind the bench. The clerk sits to the judge's left. Sheriffs are dressed in uniforms. There are also assistant state’s attorneys. They are the ones who try to prove the case against you. Sometimes the police officers who issued the traffic tickets are there.
What should I do when my name is called?
Respond by saying, "Here." Step up in front of the judge. Bring your documents. The assistant state’s attorney may want to see them when you step up.
Will the assistant state’s attorney have a copy of my driving record?
Yes. Usually, the clerk prints out driving records for everyone in court with a traffic ticket.
Will the judge make a decision right then?
Judges decide most minor traffic ticket cases that same day. The judge may decide that you should return to court. You or the assistant state’s attorney may also ask to return to court.
What if the judge tells me I have to return to court?
Write down the date and time you need to return to court. This is a "continuance," which is a date to return to court. Bring a lawyer or any additional documents to help your case on that date. Continuances are also given if you need to clear something up with the Office of the Illinois Secretary of State.
What if the judge finds me not guilty?
If the judge finds you not guilty, you are free to go. If you posted your driver’s license as a bond, you will get it back at this time. If you posted a cash bond, the bond will be returned by mail. Leave the courtroom after your case is done.
What if I’m found guilty?
If you're found guilty, the judge will tell you if you need to pay any fines or go to Traffic Safety School. They will also tell you if you have a supervision or a conviction. Do everything the judge orders.
What kind of sentence can I get?
You may have to pay a fine of up to $2,500. You may also be placed under court supervision, or be required to attend Traffic Safety School.
Convictions for driving without insurance may have fines up to $1,000. For first-time violations within the last 5 years, the court considers orders of supervision. There may be a minimum fine of $55. This sentence requires drivers to get financial responsibility insurance (SR-22 insurance).
What if I don’t pay the fine?
If you got a ticket for a minor traffic offense that is only punished by fine, and you choose not to pay it, you will get a conviction. The conviction will be listed on your driving record by the Illinois Secretary of State. Sometimes, the fine amount will be increased.
After this, you will be notified by the clerk of the circuit court of the amount you still owe. In Cook County, if you do not pay the fine within 45 days, you will be notified that you are not allowed to renew or replace your driver’s license until you pay the fine. Other counties may have different requirements for paying fines.
The state’s attorney may also hold you in indirect criminal contempt for failure to pay the fine. This means they may issue a warrant for your arrest.
You can try to go to court to explain that you could not pay the fine because of circumstances beyond your control. If you cannot, you may be incarcerated for up to 30 days or until the fine is paid.
What if I have an old ticket I want to clear up?
If you have the ticket number and you know the courthouse location where the ticket was pending, you can usually pay in person, by mail, or online. If you have questions, you can contact the courthouse to receive complete and accurate information about the ticket.
If you do not know the ticket number, you can contact or visit your assigned courthouse. You will be able to request a search for a ticket number. You can also go to the local office of the Secretary of State and get a copy of your driving record.
Your driving record will include the following information:
- Ticket number,
- Date the ticket was issued,
- Location where the case was pending, and
- The status of the ticket.
After you get this information, you can go to the circuit court where the ticket was pending to get information on how to resolve the ticket.
Note: Effective January 1, 2024 law enforcement can no longer stop or search you, your car, or your passenger solely based on having an object hanging from your rearview mirror.
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Worried about doing this on your own? You may be able to get free legal help.
Part of the Drivers' rights library, sponsored by Reed Smith.
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