Ticketed for being an uninsured motorist... (Illinois)

[Goonie]

Last night I was ticketed for driving uninsured. My car sat around for a few months due to engine problems. I cancelled the policy because the car just sat in my garage. Last night finally got it running and went for a test drive. Got a ticket for being uninsured. First time offense, clean record. No other ticket issued. Renewed my insurance this morning. Officer said I can go with proof of insurance before my court date to have the ticket dismissed, but I was uninsured last night.

625 ILCS 5/3-707 [url]http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K3-707[/url]

What can I do? What can I expect in court?

Illinois has a min. of $500, seems very steep, what is the chance of having this dismissed or the fine lessened.


Quote on a different site:

If you get pulled over without proof of insurance in Illinois, your penalty could be a five hundred dollar fine and a sixty day suspension of your registration. Even though these penalties are written in the law, they may not be enforced for a first offense.

Thanks,
Vince

[JETX]

Originally Posted by Goonie

What can I do? What can I expect in court?

Illinois has a min. of $500, seems very steep, what is the chance of having this dismissed or the fine lessened.

We have put your question in the 'que' for the Free Advice crystal ball. Since it just came back from the shop, we currently have a 4 day backlog of requests. Please check back every few days and we will post a response when your turn comes up. Thank you for your understanding.

[Goonie]

Originally Posted by JETX

We have put your question in the 'que' for the Free Advice crystal ball. Since it just came back from the shop, we currently have a 4 day backlog of requests. Please check back every few days and we will post a response when your turn comes up. Thank you for your understanding.

I'm going to presume that this was an attempt of comedy

[JETX]

Originally Posted by Goonie

I'm going to presume that this was an attempt of comedy

Yep... just as I presume your asking us what someone else (judge and prosecutor) will do without knowing them or the court. The actual punishment given can fall anywhere between the allowed ranges. In your case, per the statute you cited:
"(c) Except as provided in subsection (c‑5), any operator of a motor vehicle subject to registration under this Code who is convicted of violating this Section is guilty of a business offense and shall be required to pay a fine in excess of $500, but not more than $1,000. However, no person charged with violating this Section shall be convicted if such person produces in court satisfactory evidence that at the time of the arrest the motor vehicle was covered by a liability insurance policy in accordance with Section 7‑601 of this Code. The chief judge of each circuit may designate an officer of the court to review the documentation demonstrating that at the time of arrest the motor vehicle was covered by a liability insurance policy in accordance with Section 7‑601 of this Code.

(c‑1) A person convicted of violating this Section shall also have his or her driver's license, permit, or privileges suspended for 3 months. After the expiration of the 3 months, the person's driver's license, permit, or privileges shall not be reinstated until he or she has paid a reinstatement fee of $100. If a person violates this Section while his or her driver's license, permit, or privileges are suspended under this subsection (c‑1), his or her driver's license, permit, or privileges shall be suspended for an additional 6 months and until he or she pays the reinstatement fee."

Your getting insurance AFTER the citation has no affect on the validity OF the citation.

[Goonie]

Originally Posted by JETX

Yep... just as I presume your asking us what someone else (judge and prosecutor) will do without knowing them or the court. The actual punishment given can fall anywhere between the allowed ranges. In your case, per the statute you cited:

Completely understood.

I've been to court only once in 28 years, when I was 16 for speeding. So I have no idea what to expect. Was just wondering if it's common practice for the courts to "waive" or lessen the fine based on the circumstances in these types of situations. Should I pledge my case or just plead guilty and go for a ride with the system.

FYI, I take responsibilit for my actions.

[I_Got_Banned]

Originally Posted by Goonie

Completely understood.

I've been to court only once in 28 years, when I was 16 for speeding. So I have no idea what to expect. Was just wondering if it's common practice for the courts to "waive" or lessen the fine based on the circumstances in these types of situations. Should I pledge my case or just plead guilty and go for a ride with the system.

Driving without insurance is a serious offense in most states so although you might be able to get the fine reduced, I highly doubt you will get it dismissed. Although stranger things have happened in Illinois courts!

Originally Posted by Goonie

FYI, I take responsibilit for my actions.

You might be better off shifting that responsibility to someone else like an insurance company before you get in an accident.

[lawschdropout]

Originally Posted by Goonie

Completely understood.

I've been to court only once in 28 years, when I was 16 for speeding. So I have no idea what to expect. Was just wondering if it's common practice for the courts to "waive" or lessen the fine based on the circumstances in these types of situations. Should I pledge my case or just plead guilty and go for a ride with the system.

FYI, I take responsibilit for my actions.

Whether you plead guilty or not is completely up to you. Pleading guilty of course waives your right to a trial and any defenses you might have (although it sounds like you don't have any)--and unless you've negotiated an agreement with the prosecutor BEFOREHAND, it may not do you any good in getting a reduced fine or penalty. You should see a lawyer. This isn't a simple traffic ticket, and a lawyer would be much better prepared to use his leverage and argue on your behalf, whether it's spotting a procedural error, getting you off on a lesser charge, or getting a low fine.

By the way this is NOT a non-moving violation. This is DRIVING without insurance, which is a serious traffic offense, so this was misposted.

[Goonie]

Update


Went to court today and ticket was dismissed.

The judge was very nice and said that because I got insurance the very next day she would dismiss the charges. No fees no record.

[I_Got_Banned]

Originally Posted by Goonie

Update


Went to court today and ticket was dismissed.

The judge was very nice and said that because I got insurance the very next day she would dismiss the charges. No fees no record.

She surely was... Good for you!