In Jan of 2019, I got involved in an accident and was issued a ticket by Naperville Police (Illinois) for "DRIVING TOO FAST FOR CONDITIONS, OR FAILURE TO REDUCE SPEED TO AVOID AN ACCIDENT ", and the police officer told me that I was eligible for supervision. So I mailed the petition for supervision together with the payment about 11 days before the initial court date (DuPage county), and then totally forgot about it. About 10 months later, I got pulled over for speeding, then I checked online, and found that supervision was never granted for the first ticket, and it was denied due to "petition for supervision-post judgement", and then I found my payment was processed on Jan 30, my initial court date was Feb 4, and I was only required to send the payment and petition 3 working days before the initial court date, which I did (payment went out on Jan 24th). Even they only received my payment and petition on Jan 30, it's still 3 working days prior to the court date. The case showed on Feb 4 I failed to pay the fine or appear, then on Feb 5 it showed "satisfaction of failure to pay". What are the odds of me filing "motion to vacate" and request for granting me supervision? Thanks a lot!
What you need is called "Revestment." Many lawyers do not know what it is. You will not get it filing a motion of your own because you are too late for post-trial motions. You have two choices. The first, and less attractive is to talk to an assigned prosecutor yourself (preferrably in person) and see if they will voluntarily help you. The second is to hire a skilled traffic lawyer to make your revestment argument privately to the prosecutor. Your lawyer could also argue as a backup that this chronology is what is called a "Scrivener's error." Your situation has some appeal but, If it were me, I'd start with option two.
If you are under 21, then it is no contest, you have to get a lawyer, and fast!
You could have vacated judgment and withdraw a plea for a potentially better legal outcome. You did save money by not retaining a professionally experienced attorney, but now, you are facing a citation that cumulatively is costing you far more than a retention of a professional to complete that case correctly.
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The odds are excellent. Gather all of your documents and proof that they received payment and filing on time and then file your motion to vacate immediately. Law Offices of Theodore Gailan, 36 years of traffic law experience.
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