One method a driver might be punished for a traffic offense is to be placed under the supervision of a traffic court. A supervision isn’t the same as a conviction. In general, information obtained under supervision is less public, which means it will rarely affect a driver’s insurance premiums. However, court oversight is not always guaranteed. So, how does Illinois’ traffic court supervision function in the first place? Let’s look at the mechanics of judicial supervision in more detail:
Is court supervision bad?
The word “court supervision” is frequently misunderstood by my clients. Many of my clients want to know if a criminal conviction or traffic ticket will appear on their record. This is a common question because individuals are perplexed by the terms “conviction” and “disposition” in the context of criminal and traffic law.
“Court Supervision” simply means that the court will not enter a judgment against you (i.e., you will not be convicted) if you follow the terms of your sentence. If you have satisfactorily cooperated with the court’s rules, the case will be terminated with no conviction at the end of the court supervision period (which can be anywhere from 60 days to 30 months).
When you obtain Court Supervision, a record will be established in the county where you were arrested, as well as the Criminal and Traffic Databases of the State of Illinois. When people question if a charge or ticket would appear on their record, I remind them that it will, but not necessarily as a conviction. To put it another way, Court Supervision is recorded on your record, but it is less serious and destructive than a conviction.
When it comes to traffic citations, court supervision (avoiding a conviction) does not count as a point against your license, which could lead to a suspension of your driver’s license. On the other side, if you have too many convictions on your record, you may lose your license.
In essence, judicial supervision entails a person pleading guilty to a crime (criminal or traffic) but not being convicted.
Although a record is made, it is not as serious as a conviction.
How long is court supervision in Illinois?
NOTE: This page has been updated to describe how Illinois’ Public Act 101-55 changed several driving regulations. This Act has doubled the statutory fines for passing a stopped school bus since January 1, 2020.
The minimum punishment in Illinois is court supervision, which allows the charge(s) to be dismissed after a period of time and compliance with specific conditions.
Court monitoring lasts 60-120 days for most traffic code violators (two to four months). However, the typical judicial monitoring period is 90 days (three months). The defendant is usually sentenced to pay a fine as well as court fees. The defendant may be obliged to attend traffic school in some cases. Traffic school is required for all offenders under the age of 21.
The case will be withdrawn without a conviction if the fine and court costs are paid and traffic school is completed. There are no points added to a person’s driver’s license if they are not convicted. Also, because there was no conviction, the ticket does not count toward the three-in-a-year maximum that results in a suspension.
What does it mean court supervision?
In law, the term “court supervision” has several different meanings. It can relate to being inspected by the court or being under the control of the court.
For example, the assignee, who is named and qualified in respect of the property in his possession under C.R.S. 6-10-107, will be subject to the court’s order and supervision at all times.
“An individual case plan, developed with the input or participation of the family, is required to be in place for all abused and neglected children and their families in each case that is opened for the provision of services beyond the investigation of a report of child abuse or neglect, regardless of whether the child or children involved are placed out of the home or under court supervision,” according to C.R.S. 19-3-209.
Again, “Court Supervision” is a sentencing decision made following a guilty plea or a guilty verdict at trial. All traffic cases, petty offense cases, and most misdemeanors are eligible for court supervision, but felony cases are not. The concept of Court Supervision is similar to a stay of proceedings pending the defendant’s good behavior.
Upon satisfactory compliance, the charges will be dismissed. If the court judges that the defendant has successfully complied with all of the terms of supervision at the end of the time of supervision, the court will discharge the defendant and dismiss the charges.
The conviction does not become part of the record if the prerequisites are met. Court supervision is not an absolute entitlement. The Court has the authority to decide whether or not to issue court supervision. When deciding whether or not to award judicial supervision, the Court analyzes the circumstances of the offense, the defendant’s history, character, and condition, as well as whether the best interests of justice are served.
“Supervision” refers to a court-ordered conditional and revocable release without probation, but subject to the terms and reporting obligations established by the court, at the successful conclusion of which the defendant is freed and the charges are dismissed.
“****
(c) If the defendant is not charged with: I a Class A misdemeanor, as defined by the following provisions of the Criminal Code of 1961: Sections 11-9.1; 12-3.2; 12-15; 26-5; 31-1; 31-6; 31-7; subsections (b) and (c) of Section 21-1; or (ii) a Class B misdemeanor, as defined by the following provisions of the Criminal Code of 1961: Sections 11-9.1; 12-3.2 If the defendant is not disqualified from receiving a supervision order under this paragraph, the court may enter one after evaluating the facts of the offense, as well as the offender’s history, character, and condition, if the court believes that:
(2) It would be in the best interests of the defendant and the public if the defendant did not get a criminal record; and (3)
(3) An order of supervision is more suitable than a penalty otherwise permissible under this Code in the best interests of justice.
(c-5) The provisions of subsections (a), (b), and (c) of this Section do not apply to a defendant charged with a second or subsequent violation of Section 6-303 of the Illinois Vehicle Code while his or her driver’s license, permit, or privileges were revoked due to a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar provision of a law of another state.
(d) When a defendant is charged with violating Section 11-501 of the Illinois Vehicle Codeor a similar provision of a local ordinance, the provisions of paragraph (c) do not apply because the defendant has previously been:
(1) guilty of a violation of Illinois Vehicle Code Section 11-501 or a similar provision of a local code, or any similar law or ordinance of another state; or
(2) been placed on probation for violating Section 11-501 of the Illinois Vehicle Code, a similar provision of a local ordinance, or any similar law or ordinance in another state; or
(3) pleaded guilty or stipulated to the facts supporting a charge or a guilty finding of a violation of Section 11-503 of the Illinois Vehicle Codeor a similar provision of a local ordinance or any similar law or ordinance of another state, and the plea or stipulation was the result of a plea agreement.
Is court supervision a sentence?
The classification of the offense frequently determines whether someone receives probation, conditional discharge, or court monitoring. It’s crucial to understand the distinctions between a felony, a misdemeanor, and a minor violation. A petty offense differs from a class offense in that it does not carry a jail sentence and is only penalized by a fine. A “felony” is an offense that carries a maximum sentence of more than one year in prison or incarceration in a correctional facility, whereas a “misdemeanor” carries a maximum sentence of less than one year in prison and a maximum fine of $2,500. 720 5/2-7 of the ILCS. Misdemeanors are divided into three categories: class A, class B, and class C. The most serious misdemeanor is a class A misdemeanor. A misdemeanor of class A can result in up to 364 days in prison and/or a fine of up to $2,500. A class B misdemeanor carries a maximum sentence of 180 days in prison and a maximum fine of $1,500. A class C misdemeanor carries a maximum sentence of 30 days in prison and a maximum fine of $1,500. A judge will also have the authority to sentence you to additional forms of punishment, such as community service or electronic monitoring.
There are three different penalties that can be given for minor offenses. The nature of each of these three statements is different. Probation, conditional discharge, and court monitoring are the three penalties. Probation is the first possible sentence. Probation entails a conviction as well as court-imposed terms that must be followed and maintained by the offender. Community service, a fine, or close monitoring may be imposed as part of these requirements. Probation is a far more intensive program that requires an offender to report to a probation officer every day. 730 ILCS 5/5-4.5-15 ILCS 5/5-4.5-15 ILCS 5/5-4.5-15 ILCS
Conditional discharge is the second sentence. Conditional discharge falls in between court probation and court supervision in terms of harshness. In contrast to probation, conditional discharge does not compel the offender to report to a probation officer. Conditional discharge often involves less surveillance of the offender. In juvenile instances, probation is frequently granted. Conditional discharge comprises a possible term of up to two years in prison for a misdemeanor, together with specific conditions imposed by the court that the offender must meet and keep. The criminal may be sentenced to community service, a fine, treatment, counseling, or being closely monitored.
Court supervision is the third of the three options. The least severe of the various punishments is court monitoring. Court supervision does not result in a conviction or incarceration, and it can be expunged if the sentence is completed. The least restrictive of the three sentencing alternatives is court supervision. Furthermore, judicial supervision is the smallest penalty that may be imposed, and it generally gives the offender the option of having the case dismissed when the supervision period has ended.
You should get a counsel if you are charged with a class A misdemeanor. It is critical that you engage the services of an experienced attorney because a misdemeanor charge carries substantial repercussions. A misdemeanor conviction could result in fines, jail time, and lost job chances, as well as a permanent criminal record.
What violates court supervision Illinois?
If a person is found guilty of a traffic infraction, they may be sentenced to prison or given court monitoring.
Court supervision refers to a guilty verdict on a traffic charge that results in the defendant’s non-conviction.
A conviction, on the other hand, is a public declaration of guilt that insurance companies and employers may access via driving record checks.
A conviction may have a negative influence on your insurance rates because it is completely public. A conviction can result in the loss of your driving privileges. On the other side, court monitoring is less widely publicized. Only police, courts, the Secretary of State, lawyers, and the individual driver have access to supervision.
Traffic Court Supervision Orders
The majority of those who receive a traffic ticket petition the court for a supervision order.
This option is available in most traffic offences that are merely punished by a fine. Offenders who are unlikely to commit more traffic violations or crimes and who are in a circumstance where it is in the best interests of the public that the defendant does not get a record of conviction are eligible for an Order of Supervision. The obvious benefit to the perpetrator is that there is no record of a conviction.
The court delivers a report of supervision to the Secretary of State with judicial supervision. The traffic court supervision is kept on file by the Clerk of the Circuit Court.
How Does Supervision Work in Illinois?
Court supervision is not deemed a conviction in Illinois. It is Illinois’ minimum sentence, allowing the charge(s) to be dropped after a period of time if specific conditions are met.
The person is usually ordered to pay a fine as well as court expenses by the court. In some situations, he or she may be obliged to attend traffic school. Under the age of 21, all offenders must attend traffic school.
If the person pays the fine and court costs and completes the required traffic school, the case will be dismissed without a conviction. Because there was no conviction, there are no long-term consequences for a person’s legal capacity to drive.
The motorist must not receive any additional tickets within 120 days of receiving a supervision in lieu of a conviction.
When Will a Judge Refuse to Grant Supervision?
Court supervision is a privilege, not a right, and it has limitations. In most situations, the defendant would be denied court supervision in one of three scenarios:
- The violation does not allow for supervision, such as a second offense of driving without insurance or any offense of speeding in a school zone.
- The defendant has been placed under court supervision twice in the last year for driving infractions.
Judges are normally prohibited from granting supervision in the following situations:
speeding in a construction or school zone, putting workers or students in danger
The court has jurisdiction over someone who has been placed under supervision. If no other infractions are brought to the court’s attention during that time, the case will be dropped and the defendant will be released. If the court is notified of a violation within this time frame, a hearing will be held.
If the driver is not eligible for monitoring, a traffic offense may result in a suspension.
What happens if you violate court supervision in Illinois?
The Court imposes a sentence whenever a guilty verdict is reached after a trial, or when your attorney and the prosecutor reach an agreement on a plea. Normally, that sentence is stated in a written sentencing order that lays out all of the criteria that must be followed before the sentence may be completed. Court Supervision, Conditional Discharge, or Misdemeanor Probation are common sentences for misdemeanors. Probation is the sole available sentencing for felony offenses if the offender is not committed to an Illinois State Penitentiary. Community service, SWAP, classes, therapy, fines, and drug testing are just some of the obligations that might be imposed as part of a sentence.
If a defendant does not comply with the sentencing requirements indicated in the written sentencing order, is arrested while serving a sentence issued by the Court, or fails to pay the requisite penalties, fees, and costs, the prosecution will almost certainly ask the Court to file a Violation against you.
These filings are known as Petitions to Revoke in some jurisdictions and Violations in others. This is a very serious claim that demands quick legal counsel, regardless of how it is filed. A sentence extension or an extra sentencing condition can be obtained without upsetting the original sentence for minor sentencing infractions such as missing a reporting appointment or failing to make timely payment to the clerk of court. In some cases, where the defendant has shown a pattern of disobedience to court orders or has been arrested for a second misdemeanor or felony crime, the sentence can be much harsher.
If the prosecutor proves the charges of violation against you, and the Court finds you guilty, you will be resentenced. A conviction can be used to substitute an original Court Supervision disposition (i.e. Conditional Discharge or Probation). Please keep in mind that this can mean the difference between a public criminal record and a lifelong criminal record. The court can impose county jail time (for minor violations) or an Illinois State Penitentiary sentence in more serious situations of violation (for felony offenses).
These allegations are extremely serious for those who have been sentenced to Court Supervision for a DUI, not only for the reasons described above, but also because you risk having your Illinois driver’s license revoked. If the accused is re-sentenced for a DUI and the sentence is either unsatisfactorily completed or converted to Conditional Discharge or Probation, a report of the conviction will be forwarded to the Illinois Secretary of State, and your license will be revoked.
If you are facing a Violation of Sentence or a Petition to Revoke your sentence, it is critical that you contact an experienced and skilled criminal defense attorney. If the allegations are not addressed properly, serious and irreversible damage to your record may occur. Those facing these charges in Illinois, including Cook County, Lake County, and DuPage County, can seek help from the criminal defense experts at The Davis Law Group, P.C. Make an appointment with one of our defense lawyers immediately to get the help you need.
Can I just pay my ticket and not go to court Illinois?
When a police officer issues a citation, he or she must check one of two boxes on the ticket: “Court Appearance Required” or “No Court Appearance Required.” You have three options if your traffic ticket states that you are not compelled to appear in court: If you plead guilty and pay the fine without going to court, you will receive a conviction on your record; if you plead guilty and request an order for supervision, you will avoid a conviction on your record if you pay the required fine and attend traffic safety school; or if you plead not guilty and request a trial, you will receive a conviction on your record if you pay the required fine and attend traffic safety school. If you decide to plead not guilty, your ticket should include instructions on how to notify the proper court of your decision if it is necessary.
Whether you are compelled to appear in court for a traffic violation or choose to do so to fight the violation, you should always show respect for the court by coming on time and dressing appropriately.
The judge who hears your case will start by describing your rights as an individual in a traffic case, as well as how the court call will progress. Although your case may go to trial at your first court appearance in some cases, your official plea of guilty or not guilty is usually the only thing that happens at your initial hearing. You may choose to conclude your case by having your counsel negotiate a plea deal with the prosecutor. If you decide to enter a negotiated guilty plea before your case is called at your first appearance, you must advise the court of your decision when your case is called. Your case will go to trial if you choose to contest the violation(s) by pleading not guilty.
The majority of traffic matters are handled in a “bench trial,” in which a single judge hears and decides the case based on the evidence given. When charged of any traffic infraction, regardless of severity, you have the right to a jury trial, and you may exercise that privilege if you so desire.
You, the arresting officer, and any witnesses who testify will be required to swear an oath and tell the truth about what happened. You and any of your witnesses will be called to testify after the arresting officer and any other prosecution witnesses have testified. The burden of proof is on the prosecution to prove its case against you. In the instance of a municipal ordinance infringement, such as speeding on local roads, the burden is “by a preponderance of the evidence,” which indicates that you committed the offense more likely than not. The prosecution’s burden is “beyond a reasonable doubt” for all other traffic offences under state law. The judge (or jury) will decide whether the prosecution has proven its case once all of the evidence has been heard.
If you are found guilty of a minor traffic crime, the judge may impose a fine and court costs, as well as an order to attend an approved Traffic Safety School under supervision or a conviction on your driving record.
If you are found guilty of a more serious traffic violation, the judge may impose a sentence that includes a fine and court costs, supervision at an approved Traffic Safety School, conditional discharge or probation if you are eligible, a specified number of hours of community service, jail time, or any combination of these. The court will designate a date for the payment of all penalties, costs, and administrative fees at the time of sentence.
How do I get court supervision in Illinois?
To apply for Court Supervision without having to go to court, follow these steps:
- Read the Application for Driver Safety School’s step-by-step instructions carefully.
- To the appointed branch site, mail or deliver your application, blue copy of your citation, and suitable form of payment.