Traffic School? Can I get out of it? I was on it. But I have no incoming/outgoing text messages at the time of the stop.I also have no internet web pages looked at prior to the traffic stop. Citation issued in Deerfield, Illinois.
Not that my prior conviction matters in courts decision. But my last cell phone ticket was issued 7/15/2014.
If you were me, what would you do?
If I were you, I would consider speaking to an attorney. I say that because at this point, your second offense constitutes a moving violation (see section "c" http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K12-610.2)
I cannot say for certain how much the prosecutor will wiggle on these tickets as I haven't had to negotiate with the state on behalf of a client issued such a ticket. I can say that I would be skeptical that they would be quick to amend such a ticket since driving while texting/calling is such a common problem. That said, an attorney would certainly help you negotiate in this department.
My reason for saying hiring an attorney may be advisable is because if you are under 21, two moving violations convictions in a 24 month period will suspend your license and 3 moving violation convictions in a 12 month period for those 21 and over will suspend. Fortunately, the first cell phone ticket is not a moving violation but the second one counts. Therefore, if you are getting close to this limit on convictions leading to a suspension, an attorney would be a wise investment.
As for options, traffic school will be mandatory if you are under 21 and receive supervision. Outside of that, it will depend on the prosecutor's standard operating procedure whether you can receive such options in an offer. Getting out of it will be difficult but not impossible. The only way I see it happening based on the limited information available is by setting the case for trial and hoping an officer doesn't appear. A brief word of warning, if the cop was a state trooper, this is VERY unlikely as they are very regimented about court appearances.
The fact that there was no outgoing text at the time is not too important if the officer saw you using it which is enough. The only defenses I am aware of are located in section (d) of the web link to the statute I have included. If your ticket cites another statute, then please ignore this.
if I were you, I would speak to a lawyer for a free consultation. The reason being that you may be able to request court supervision by means other than appearing in court. Lake County is notorious for its unusually high court costs and a local counsel there may know how much money could be saved by forgoing a court appearance. Aside from that, you can speak to the prosecutor on your first date (lake county is pretty relaxed and I would be surprised if they didn't allow you time to seek an offer) and ask for an offer. If the offer is a low fine (the statute defines the fine amounts), you may wish to take it. If it isn't or the offer ins't favorable, you can ask for time to speak to and return with an attorney.
Please take my advice here with a grain of salt compared to those attorneys you do speak to. I have limited experience with cell phone tickets but this is my understanding of their implications and defenses.
I hope this helps
