NOTE: This page contains updated content to detail modifications to Illinois law after Public Act 101-173 became effective on January 1, 2020. Since that time, Illinois law includes several exceptions to existing lane usage rules under 625 ILCS 5/11-709, including emergency/disabled vehicles and construction/maintenance zones.
Court supervision is the preferred outcome of a moving violation for almost anyone with a traffic court date. Supervision is not a conviction and, thus, does not add points on your license.
Certain traffic court judges advise defendants that, after the supervision, the ticket will not be on their driving record. But this is not true. The person’s driver’s abstract will always show the supervision, unless it is expunged.
Most drivers do not care enough about their driving record to file a petition to expunge a traffic offense. But commercial driver’s license (CDL) holders may do so from time to time.
Court supervision does not impact a CDL in the same way it does an ordinary driver’s license. If the offense is a serious traffic violation, then court supervision is considered a conviction for the purposes of the CDL.
A CDL can be suspended for two serious traffic violations within three years. The suspension (also called a disqualification) will last for 60 days. In this context, court supervision counts as a conviction for a serious traffic violation.
Serious traffic violations under Illinois law
A serious traffic violation can be any moving violation, generally speaking. So it is best to assume any moving violation can jeopardize a CDL. Examples of serious traffic violations under Illinois law include the following offenses:
- Speeding 15 mph over the limit, 625 ILCS 5/11-601(b);
- Improper lane usage, 625 ILCS 5/11-709(a);
- Reckless driving, 625 ILCS 5/11-503(a)(1) and (a)(2); and
- Following too close, 625 ILCS 5/11-710(a).
625 ILCS 5/11
As of January 2020, it is vital to note several exceptions to improper lane usage under 625 ILCS 5/11-709. After the passage of Public Act 101-173, it does not qualify as improper lane usage if a driver is acting in compliance with the Illinois rules for:
- Operation of vehicles and streetcars on approach of authorized emergency vehicles, 625 ILCS 5/11-907;
- Approaching disabled vehicles, 625 ILCS 5/11-907.5; or
- Approaching or entering a highway construction or maintenance area or zone, 625 ILCS 5/11-908.
The instructions for pleading guilty on most tickets will say that CDL holders cannot choose traffic school and a fine. They must appear in court. If this applies to you, it is highly advisable to hire an attorney to protect your CDL.
