Court supervision is the minimum sentence in Illinois and allows the charge(s) to be dismissed after a period of time and compliance with certain conditions.
For most traffic law offenders, court supervision is 60-120 days (two to four months), but the standard is 90 days (three months).
The court will usually sentence the defendant to a fine and payment of court costs. In some circumstances, the defendant will be required to complete traffic school.
For all offenders under 21 years of age, traffic school is mandatory.
Provided the fine and court costs are paid, and traffic school is completed, the charge will be dismissed without a conviction. Because there is no conviction, no points are assigned on the person’s driver’s license. Also, because no conviction has been imposed, the ticket does not count towards the limit of 3 in 12 months that causes a suspension.
However, court supervision is not a right, and it is subject to restrictions. The defendant will be denied court supervision in three ways:
- The offense does not allow for supervision, such as a second offense of driving without insurance or any offense of speeding in a school zone.
- The judge refuses to give the defendant supervision because of a poor driving record. After all, the supervision statute says it is appropriate where “the offender is not likely to commit further crimes.” See 730 ILCS 5/5-6-1(c)(1).
- The defendant has already had court supervision twice for moving violations in the last 12 months. See 730 ILCS 5/5-6-1(k).
The law says that a driver cannot have supervision for moving violations more than 2 times in 12 months. The 12-month period is calculated by going back 12 months in time from the date of the most recent ticket.
If the driver is not eligible for supervision, the newest ticket can result in a suspension. If this is the case, then the driver should hire an attorney to seek an amendment of the newest charge.
If the driver has a commercial driver’s license (CDL), then supervision does not matter, because most moving violations will result in a suspension of the CDL even if the driver gets supervision.