You might feel overwhelmed if you face a traffic violation, municipal ordinance infraction, or misdemeanor charge in Illinois. While having your case dismissed is the ideal outcome and a conviction is the worst, court supervision offers a middle ground. It might just be your chance to keep a conviction off your record. Think of it as a deal with the court: meet their terms, and your record stays clean. But how does it work, who qualifies, and what happens if you slip up?
Let’s break down court supervision in Illinois and help you navigate this potential lifeline.
Understanding the Basics of Court Supervision in Illinois
A person charged with violating a municipal ordinance, traffic violation, or misdemeanor offense faces several possible sentencing outcomes. The least desirable outcome is typically a conviction. Court supervision is an alternative that allows you to avoid a conviction on your record. It is essentially an agreement between you and the court; if you uphold your end of the deal and complete the required conditions, the court will terminate your supervision as “satisfactory,” and no conviction will be entered on your record.
When a court grants a defendant an order of supervision for a traffic ticket, they are typically required to pay a fine, attend traffic safety school, or both. If the individual fails to meet these requirements, a judgment of conviction can be entered.
Court supervision typically lasts for four months but can be shorter or longer depending on the specifics of the violation. If the defendant fulfills all requirements and does not commit any further violations during this period, their case will be technically dismissed. While there is a record of receiving court supervision, there is no conviction entered and no points are assessed.
On the other hand, if the defendant does not complete all requirement or receives a new violation, the supervision can be revoked and a conviction may be added to their record.
Under Illinois law, court supervision can only be granted once for a Driving Under the Influence (DUI) charge.
When Is Court Supervision Available?
Court supervision is a viable option for traffic, misdemeanor, and municipal ordinance cases in Illinois. The courts may order supervision for non-felony offenses following a guilty plea or a guilty finding at trial.
Supervision is only possible on traffic tickets and misdemeanor criminal cases. It is not possible to get supervision on a felony criminal case, including a third DUI offense or an aggravated offense, which are both listed as felony offenses.
How Do I Get Court Supervision?
Traffic attorneys can often negotiate an agreement with the State or local prosecutors for a court supervision sentence in exchange for a guilty plea. Courts may also order supervision for eligible persons pleading guilty without representation.
Additionally, if you get a minor traffic ticket, many courts allow you to mail the ticket in with a payment and request court supervision. If so, your ticket will be marked as “no court appearance required.” You are also often required to complete traffic safety school.
If you’re unsure whether you might qualify for court supervision, consulting an experienced traffic and DUI lawyer is worthwhile. They can analyze the particulars of your case and advise on the best course of action. In some cases, they may advise fighting the ticket in court; in others, they might agree that court supervision is your best bet.
How Many Supervisions Can I Get?
For traffic tickets, you are allowed two court supervisions within a 12-month period. However, it is important to know that the court is not obligated to give you court supervision. Even if you are eligible, a prosecutor or judge may not agree to court supervision.
For DUI cases, you are only allowed one supervision in your lifetime. It is impossible to get supervision a second time on a DUI case. In non-DUI cases, it is often possible – but difficult – to get supervision twice for the same offense. However, since no two cases are the same, it is always best to consult a dedicated traffic attorney who can apply the specifics of Illinois law to your case.
What Are the Terms of Supervision?
When it comes to traffic tickets, if you mail in your ticket and request supervision, the terms of the supervision are stated right on the ticket. Usually, it includes paying a fine and completing a traffic course. In court, the terms of supervision are open to negotiation and can be any combination of:
- Fines and court costs
- Traffic school
- Community service, or
- Sheriff’s Work Alternative Program (SWAP)
The court almost always orders a person to pay a fine and court costs upon receiving supervision. In every case, a person may not commit any new offenses during the supervision period. In many cases, a court ordering supervision will set a future date at the end of the supervision term for the person to appear in court and show that the driver was compliant with all of the terms.
The Clerk of the Court will always keep a record of all of the proceedings.
How Long Does Supervision Last?
A court supervision order will last for a specific period, determined by the nature of the specific violation. This period can vary significantly. For misdemeanor charges, supervision may last up to two years, allowing the court to monitor the driver’s compliance with its terms over a greater timeframe. Conversely, the duration for traffic violations is typically a lot shorter, often lasting two to four months, particularly in counties like Cook and DuPage.
However, it is essential to understand that there is no one-size-fits-all approach to court supervision. The length of the supervision period depends on several factors, including the type of offense committed, the defendant’s driving record and criminal history, and the circumstances surrounding the case. Courts also consider the terms necessary to ensure the individual will adhere to the law and complete all requirements successfully.
The tailored nature of court supervision highlights the importance of understanding the specifics of your case and seeking legal advice to navigate the process effectively. An experienced attorney can help clarify the expected timeline and ensure you meet all obligations within the supervision period.
What If I Don’t Complete Supervision?
If you fail to complete the terms of court supervision in Illinois, the prosecutor may file a Petition to Revoke Supervision. This petition is generally filed if you violate the conditions set by the court – such as committing another traffic offense, failing to attend mandatory courses (like traffic safety school), or neglecting to pay fines or fees.
Once the petition is filed, the court will schedule a hearing to review the case and explore the alleged violations. If the judge determines you have failed to comply with the terms of supervision, they will classify your supervision as “unsatisfactory.” The court will then enter a conviction on your driving record. This conviction can have long-term consequences, such as increased insurance premiums, points on your driving record, and even license suspension for repeat offenses.
If you are under court supervision and risk not complying with the requirements, consulting with a DUI attorney experienced in handling court supervision cases is imperative.
What About CDL Drivers?
Unfortunately, individuals holding a Commercial Driver’s License (CDL) face much harsher penalties for traffic violations and DUI charges. If you are a CDL driver or planning to become one, it is important to note that a supervision order will still appear on your Motor Vehicle Report, which could affect your employment prospects or insurance rates. It is essential to inform your attorney if you hold a CDL.
CDL holders may still have options to avoid a traffic violation appearing on their records. In many cases, an attorney can present information to a prosecutor to persuade them to amend the charge to a non-moving offense or get a dismissal, which will not impact the driver’s record.
If you’re a commercial driver seeking legal support for a traffic violation, our traffic and DUI attorneys can craft a tailored defense and work towards achieving the best possible outcome.
What About Non-US Citizens?
Non-US citizens must carefully consider entering a plea of guilty in exchange for an agreed-upon supervision order. Federal immigration authorities can, and often do, consider a person to have committed an offense when they have a supervision sentence. This may affect the determination of a person’s request to remain or re-enter the United States or to change their immigration status.
A non-US citizen charged with any offense should inform their attorney of their immigration status as soon as possible. In many cases, an attorney can present information to a prosecutor, which will persuade the prosecutor to amend the charge to an alternative offense, which may lessen the impact on a person’s immigration status.
At Driver Defense Team, we work closely with immigration lawyers to navigate the realm of immigration and driving violations. We will work to challenge charges and find the best possible outcome. If you are facing driving violations while becoming a US citizen, seeking legal advice as soon as possible is imperative.
Are Some Offenses Ineligible for Supervision?
There are quite a few offenses for which a judge may not order a supervision sentence. Some examples are:
- Second DUI
- Second aggravated speeding
- Speeding in a construction or school zone and creating a potential hazard for workers or school children
- Passing a school bus loading children
- A second violation of driving without insurance
- A second violation of displaying false evidence of insurance
- A second violation of driving with registration suspended due to insurance violation
- Certain offenses relating to truck and weight regulations
If you are facing any of these offenses, it is crucial to consult an experienced traffic and DUI attorney. They can help you understand your options and work to protect your rights.
Can a Person Charged with an Ineligible Offense Still Get Court Supervision?
As discussed above, certain offenses make a person ineligible for court supervision. However, in some situations, charges may be amended to allow for a supervision sentence. In many cases, an attorney can present mitigating information to a prosecutor, potentially persuading them to amend the charge to an offense eligible for supervision. Factors such as the individual’s driving or criminal history often play a significant role in the prosecutor’s decision. Additional considerations may include the person’s work history, family circumstances, and contributions to the community.
According to Section 5-6-1(c) of the Illinois Compiled Statutes, courts have the discretion to amend charges for non-violent offenses under specific circumstances if the defendant demonstrates that mitigating factors existed and the amendment serves the interests of justice.
Individuals charged with an offense that initially appears ineligible for supervision should consult with a qualified traffic or DUI attorney as soon as possible. Early legal advice can help ensure all available options are explored effectively and promptly.
Contact Our Top-Rated Illinois Traffic and DUI Attorneys
If you want to avoid a permanent mark on your driving record and pursue court supervision, it is highly recommended to contact a top-rated DUI and traffic attorney who can negotiate with the court on your behalf and provide sound legal advice.
Our team of dedicated lawyers will thoroughly analyze the specifics of your case, meticulously review all evidence, and build a robust defense strategy. If we determine court supervision is the best course of action, we will guide you through every step of the process to ensure the best possible outcome.
Additionally, if you are currently under court supervision and feel unable to meet the necessary requirements to fulfill it, we can assist you in exploring the best next steps to protect your record and rights.
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