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Hello, I’ll be your guide and will explain to you certain issues about going to traffic
court. This video will focus on traffic-related misdemeanor offenses. Be sure to read all
the information linked to from this website by clicking on the links below. If you have
a traffic-related misdemeanor offense, that means you have been charged with a misdemeanor
violation. These include driving under the influence or leaving the scene of an accident.
Because of the serious nature of these offenses, you are entitled to an attorney. If you would
like to hire an attorney, the judge will grant you time to do so. The judge or state or local
bar association may be able to refer you to an attorney. If you cannot afford an attorney,
tell the judge, and he or she may appoint a lawyer from the public defender’s office
to represent you, depending on your income level. Be sure to see the information on this
website about finding an attorney. In addition to an attorney, you also have other rights.
The law says you are innocent until the state proves you guilty beyond a reasonable doubt.
You have the right to a trial, whether it be a jury trial or a trial before a judge.
When you go to court, check in with the judge’s clerk. Then take a seat and wait for your
case to be called. If you have any papers with you to help support your case, have them
out and ready. The clerk will call your name in the order in which you have checked in.
Lawyers are the exception to this. They will be called first so that they will be available
to try other cases in other courtrooms, if necessary. Once your name is called, step
up to the bench. This is your first court date and is not the time to try to explain
the facts of your case. The first court date is to determine the charges and schedule a
trial, if one is requested. Listen to the judge and answer any questions that the judge
may ask. If you go to trial, you are not required to explain your side of the case, and neither
the judge nor jury can hold this against you. The judge will advise you of the charges pending
against you and tell you a little bit about what will happen next with your case. There
different kinds of punishment available to the judge if you plead guilty or are found
guilty. If convicted for a misdemeanor traffic offense, you could be sentenced up to 364
days in jail, fined up to $2,500, or some combination of both. Many misdemeanor traffic
offenses result in simple supervision. See the additional information on this website
about sentences. An attorney can help you learn what the possible sentences would be
for your case. We hope this video helped answer some of your questions about going to court
for a traffic-related misdemeanor offense. Be sure to see the information on this website
about finding an attorney. Be sure to explore resources that can help you. Contact CARPLS
or the state or local bar association and Illinois Legal Aid Online for more legal information.
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