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Jason A. Wilkins

Jason A. Wilkins

Law Office of Jason A. Wilkins
  • Traffic Tickets
  • Illinois, Northern District of Illinois
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Summary

As an attorney, I have a strong desire to see that legal representation is affordable, accessible, and competent. This drive to help others motivates my business philosophy to help wherever possible and however possible. To this end, I strive to educate my clients of the many pitfalls that have sadly become too common in our legal system. This desire to educate my clients has encouraged me to assist in matters of traffic where, more than any other area of law, proceeding without representation is common. Every year, drivers have their driving privileges suspended, insurance rates increased, and face steep fees due largely to lack of representation. Given the need for a car in today's increasingly hectic world, protection of diving privileges from traffic violations are fundamental. It is my desire to see every client armed with the tools to be an active participant in their legal issue to not only prevent these outcomes but empower them to know their rights. My drive to be a positive force in my client's lives comes from years of service working to help those in need where the legal system has failed to adequately assist them. My passion here primarily focused on aiding charities dedicated to ending domestic and sexual violence which all too often continues in spite of attempts at prosecution. I work to bring this passion for assisting others whenever I step up to represent a client in the hopes that I might help them find resolution to their current legal troubles.

Practice Area
  • Traffic Tickets
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Illinois
Northern District of Illinois
Languages
  • English: Spoken, Written
Professional Experience
Principal Attorney
Law Office of Jason A. Wilkins
- Current
Assistant Public Defender Intern
Kane County Public Defender's Office
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Assistant State's Attorney Intern
Kane County State's Attorney's Office
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Education
Northern Illinois University
J.D. / Law (2013)
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Honors: 2013 Black Gavel Award, Dean's List, First Recipient of Law and Women's Studies Certificate
Awards
Top Contributor
www.AVVO.com
Recognition for outstanding contributions towards providing legal assistance to patrons of the website Avvo.com regarding their legal questions posted in the forums.
Professional Associations
State Bar of Illinois # 6315838
Member
Current
DuPage County Bar Association
- Current
Kane County Bar Association
- Current
Certifications
License to practice in Northern District of Illinois
Northern District of Illinois
Websites & Blogs
Website
Legal Answers
253 Questions Answered

Q. Got 2 tickets today, cop took lic. I have my CDL permit and I'm scheduled to take CDL test next week, can I test?
A: Hello Asker, Unfortunately, I don't know the answer to your question. We would recommend calling the Secretary of State's CDL Help Desk phone number at 217- 524-1350. They are very knowledgeable and can answer your questions about CDL testing. When you do speak to them, you want to ask if you can take the CDL test while your license is being held as bond by a court. If they say no, then you can speak to an attorney about helping to get your bond modified to allow you to get your license back. In Cook county, you can usually do something like post $100-140 on petty tickets like these to get it back. I would also definitely advise you to NOT mail in payment on the speeding case and NOT just plead guilty to it. As a speeding ticket of 15 or more over the limit, it constitutes a serious moving violation. If you receive 2 serious moving violation convictions (supervision counts as conviction in this case) in a 36 month period, your CDL privileges will be cancelled for 60 days. Because you had your permit when you got the ticket, supervision WILL NOT prevent it from appearing on your driving record even though it occurred in your personal vehicle. Therefore, for the sake of not only your driving privileges but your insurance rates, and by extension your employability, I would highly recommend you speak to a few attorneys about helping to keep that ticket from harming your record. Hope that helps and let us know if you have any questions! Sincerely, Jason A. Wilkins Traffic Attorney (630) 445-2293
Q. Can Illinois charge an offense for an instance after subject was given a warning? And is there a statute of limitations?
A: Hello Asker, Yes, technically there is no obligation to have the ticket issued within a set period of time. There are restrictions surrounding the court date for that ticket (14-60 days after issuance) and the time for delivering that ticket to the circuit clerk (48 hours I believe) but there is no restriction on how long after an incident a citation is written. I do VAGUELY remember something about limitations on officers taking action on incidents for which they wrote a warning but I think that only applied to arrests subject to incidents (for example - can't arrest someone for something you merely wrote a warning for). Don't take my word on that. It has been over 5 years since I read the case where this vague memory is coming from. With that said, when an officer gives a warning, it is highly unlikely that they would subsequently issue a ticket. The only time this will happen is when circumstances arise that give the reason to issue more citations. One such example is getting test results back that show drugs were present and subsequently writing a DUI ticket. I have personally seen an officer do this. While that power does exist, it is very unlikely to happen. Remember, by writing a ticket, they are acknowledging that they will be able to testify to those facts in court. For an officer who stopped some guy for a random forgettable offense nearly a year ago, it is unlikely they can competently testify to that. Not to mention your use of the "Terry Stop" in your question makes me think that an officer, if they happened to remember this incident, would likely have perceived that you were the type of individual to be more likely to go to trial making remembering the facts all the more important. So, to answer your question: yes, there is no restriction but in practical terms, it is rare that officers write warnings that later result in tickets save for evidence of much larger crimes emerging and then only if the incident is sufficiently fresh in their memory. Hope that helps and let us know if you have any questions! Sincerely, Jason A. Wilkins Traffic Attorney (630) 445-2293
Q. I have not had a chance to get insurance yet due to not getting paid until next week i got pulled over for doing 38
A: Hello Asker, There is a very small chance that they may dismiss the insurance charge in exchange for a plea of guilty on the speeding offense. I would put it at a 1% chance. The far more likely outcome will be court supervision on the insurance ticket. Typically, if you are given a citation for not having insurance and you appear in court with insurance acquired after the date of the ticket, they will grant court supervision so long as you are eligible. For most practical purposes, you should be eligible if you haven't had supervision twice in the last 12 months and have not had an insurance related violation, scrapping violation, or registration suspension related violation in the last 5 years. Hope that helps and let us know if you have any additional questions. Sincerely, Jason A. Wilkins Traffic Attorney (630) 445-2293
Q. I am 16 and just got a ticket for rolling a stop sign. I am a good student. What will/can my consequence be?
A: Hello Asker, It largely depends on how you choose to handle it. At your age, you often cannot apply for something called court supervision by mail or without appear in court. This is often mistakenly referred to as "probation" or "traffic school" so if you read that, this is often what they are referring to when they use those terms in relation to traffic tickets. If you are found guilty, you either get supervision or conviction. A supervision is a non-public finding of guilt. It does not appear on your driving record publicly available but rather on a less public court record. This keeps it from jumping your insurance rates and from being visible on employer driving record checks. It also keeps it from harming your driving privileges. With supervision, you often have a fine, traffic school (especially at your age), and a supervised period where you can't get any new tickets (4 months in cook county often). If you complete this supervision period successfully, the case closes without a public reporting of your guilt. By contrast, conviction will appear on your publicly available driving records. It can and likely will affect insurance rates and may be a basis for some jobs (delivery driver, etc) to be not available due to employer access to these records. It may also harm your driving privileges in ways such as increasing the duration of your passenger limitation or even suspension or revocation if you receive too many violations. For most practical purposes, this ticket on its own, if it is your first, won't result in a suspension (save for missing court) but it will likely harm your insurance rates if you are convicted. You may either choose to plead guilty or not guilty. If you plead not guilty in Cook County (where your ticket appears to be from) and an officer doesn't appear on your court date and you do, the case may be dismissed. If they are there, you will have a trial that day where the judge will find you either guilty or not guilty (if guilty, then sentence you to supervision or conviction; if not guilty, you pay nothing and get nothing on your record). If you plead guilty, the judge will sentence you to court supervision or conviction. Often, they give supervision particularly for minor violations like this. Lastly, you can ask for an attorney and they will give you time to come back with one on a future court date. In general, assuming this is not connected with an auto accident, court supervision is a good outcome. If it is an accident related ticket, it is advised that you speak to an attorney to see what needs to be done as those are more complex and have bigger implications. Lastly, you should make sure to let your parents know because they MUST accompany you in court because you are under the age of 18. Hope that helps and let us know if you have any additional questions! Sincerely, Jason A. Wilkins Traffic Attorney (630) 445-2293
Q. Could the judge suspended my license if the police stopped me when I didn't stop because of a school bus
A: Hello Asker, I apologize that no one has answered your question until now. As for whether you can be suspended, the answer is yes. The statutes surrounding school bus passing are very strict. It is not a supervision eligible offense and drivers can be suspended for violations of the statute. Unfortunately, the judge has no say in this. If you are found guilty of the offense, he or she can only convict you for the offense and the Secretary of State by law must suspend your license. There are ways to avoid this but it often requires a lawyer to either assist in negotiating an amendment to the charge you are facing to one where suspension is not an outcome or taking the case to trial to avoid being found guilty. I hope that helps and let us know if you have any questions. Sincerely, Jason A. Wilkins Traffic Attorney (630) 445-2293
Q. Could a 11-14mph over the speed limit ticket revoke my court supervision
A: Hello Asker, As Mr. Davis pointed out, it can constitute a violation. Technically, any ordinance, traffic, or criminal violation occurring during the supervision period qualifies. With that said, there are a number of factors that can influence whether it affects your supervision and leads to a revocation. Not the least among these is whether the supervising county is aware. Often, counties rely on driving records to verify compliance with supervision. If the new ticket is still pending and was issued by a separate county, the supervising county may satisfactorily terminate your supervision without realizing that you have a pending case that could otherwise constitute a violation. Alternatively, they may choose to ignore the violation if they deem it not significant enough to warrant filing a petition to revoke your supervision. In general, if the violating offense is much more serious or of the same nature and variety as the offense you are on supervision for, this becomes much less likely. In contrast, tickets like accident tickets are less likely to be ones that may constitute a violation as it becomes harder to argue that an accident constitutes a willful violation of your supervision. In general, I feel Mr. Davis makes a good point in seeking supervision for the new ticket. If you are eligible, that is probably the best way to go so even if your supervision was revoked, you won't have two convictions rather than just one if you get supervision on the new offense. In general, I would at least consider speaking to a lawyer (almost all traffic attorneys offer free consultation) to investigate what can be done to prevent a revocation of your supervision. I hope that helps and let us know if you have any questions. Sincerely, Jason A. Wilkins Traffic Attorney (630) 445-2293
Q. If I'm on court supervision and got a ticket while I'm on it, can I get court supervision for the new ticket
A: Hello Asker, Yes, you can still get court supervision on the new ticket. It will require that you go to court in most counties though. This is because most state's attorneys will deny court supervision requests for mail or out of court when you have had a ticket in the past 12 months. In court, assuming your offense is of a nature where court supervision is allowed, you can request supervision and the court will be able to give it to you (though they don't have to) so long as you haven't had supervision twice in the last year already. As for this case, you should consider speaking to an attorney in a free consultation to ensure that your offense is not of a variety that it would be ineligible for court supervision. You should also ask what the impact of the new ticket would be on your current supervision. Ordinarily, receiving a ticket during the supervision period is enough to cause a supervision to be revoked and a resentencing to a conviction. This can have a negative effect on your driving privileges and insurance rates. Because of this, you would be best helped by talking about the risk of this and what can be done to prevent a revocation of your previous supervision that this ticket put at jeopardy. I hope that helps and let us know if you have any additional questions. Sincerely, Jason A. Wilkins Traffic Attorney (630) 445-2239
Q. I was going 86 in a 65. I received a ticket for $140. Court is not mandatory but if I go, can it get dropped?
A: Hello Asker, Most likely, it won't be dropped under that circumstance. Only two counties have a requirement for the officer to be present on the first court date (Cook, DuPage) and only one county requires state troopers to be present on the first court date (Cook). For all other counties, it is expected that you file a not guilty plea to require an officer to be present. If you have a state trooper in DuPage, you must file a not guilty plea to get them to be present on the court date. Should they not appear when required (rare for most cops and rarer still for state troopers), the case will often be dismissed if you show up. In general, in all but those two counties, your first court appearance will have no obligation for an officer to be present. As for the fee, the $140 only applies to those settling cases out of court. When you go to court, you should anticipate mandatory court costs if you are found guilty and these almost always exceed the $140 ticket amount you see. Lastly, you should note that the $140 is the amount for a conviction. If you want court supervision, you must always pay more. Hope that helps and let us know if you have any additional questions. Sincerely, Jason A. Wilkins Traffic Attorney (630) 445-2293
Q. Is there anything I can do to keep my insurance rates from going up? I am 18 and just recently got into my first wreck.
A: Hello Asker, First, if you have already paid the ticket, then it has gone on your record in some capacity. How it did depends on if you got supervision, what type of license you have, and whether you have an Illinois license. If you got supervision, it MAY not be publicly available for insurance companies to see unless you have a commercial license which at your age is not likely. Supervision for Illinois license holders prevents it from being public and generally this doesn't apply to out of state drivers. So, if you had a non-Illinois driver's license, it is safe to say it's likely on your record. If you have an Illinois license and got supervision (rather than conviction), it won't be on your public record but will still be on your court record for courts to see in the future but not insurance companies. Second, as for preventing rate increases, this is almost impossible unless no one filed a claim and even then, there are circumstances where such damage is visible. This is because your insurance company will have a record of the claim for the car's damage. Even if no one filed a claim, they may come across the accident report when it is reported by the Department of Transportation to your driving record. Basically, there are so many ways the insurance companies will find out that it functionally may be considered something they likely know about and will share with other agencies. As mentioned before, supervision will prevent it from being publicly visible in certain circumstances. I say that because supervision applies to the ticket, not the accident. Supervision has no impact on the visibility that an accident occurred; rather it can help to hide the fact that you received a ticket. This is unlikely to have a meaningful effect on your rates. A much bigger concern would be the mailed in ticket. Since you mailed it in, you would have pled guilty. Since it is a pretty serious accident, there may be civil damages that come from a future lawsuit if there is any shortage of money. A plea of guilty rather than being found guilty after a trial will be evidence that you admitted fault in any future civil proceeding. For that reason, you may want to consider talking to an attorney ASAP to file a motion to withdraw your plea of guilty. This motion must be done within 30 days of your plea of guilty and be in writing. Since the accident occurred just about a month ago, you may be running out of time. If all the bills were taken care of, this is of less concern but still a good idea. If they weren't, you would be highly recommended to at least look into doing this. Hope that helps and let us know if you have any questions. Sincerely, Jason A. Wilkins Traffic Attorney (630) 445-2293
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Law Office of Jason A. Wilkins
2135 CityGate Lane
Suite 300
Naperville, IL 60563
USA
Telephone: (630) 445-2293