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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
249 Questions Answered

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
Q. First traffic violation in IL "disobeyed traffic control device." Do I get court supervision or a lawyer?
A: Hello Asker, For a non-commercial driver, there is little reason to get an attorney unless you think you can beat it at trial. In my honest opinion, I doubt rain would be a sufficient excuse unless it was potentially torrential. In which case, an argument could be made that a reasonable person might not see the sign. Even then, it's not easy. If you pled guilty with or without an attorney and no officer appears on the trial date, the case will likely be dismissed but this is rare to say the least. You can mail in a request for supervision but this is not a guarantee. With it being your first ticket, it is likely to be granted but if you want the highest chance of supervision, you must appear in court. By appearing in court, you will pay court costs (usually 50-150 dollars more) but have a higher chance of success. If you are 21 or older, you will also have a lower chance of traffic safety school. In bolingbrook, I'd say you have a very low chance of traffic school if you appear in person. If you want, an attorney can appear to get supervision for you but I don't think its worth the expense. Honestly, in these situations, we often advise seeking supervision by whatever means you feel is best in the long run because it prevents insurance rate hikes and driving record damage. This all assumes you have an Illinois license. Hope that helps and let us know if you have any questions. Sincerely, Jason A. Wilkins Traffic Attorney (630) 445-2293
Q. i had speeding ticket coouple monthes ago but did not go to triffic scholl or court supervision than got other ticket
A: Hello Asker, It is possible to remove this ticket from your record by vacating your conviction and getting another result like court supervision. In Cook County, this usually involves a $50-$80 motion fee and is best done within 30 days. As for your new ticket, you can get supervision as well so long as it is supervision eligible and you haven't had any other supervisions within the last year. I hope that helps and let us know if you have any questions. Sincerely, Jason A Wilkins Traffic Attorney (630) 445-2293
Q. For a traffic ticket, is the ticketing officer alert of the violator schedules a court appearance to refute the charge?
A: Hello Asker, Unfortunately, I am not quire sure what your question is asking. From what I gather, you are asking if you they will automatically schedule a court appearance to refute a traffic ticket. If that is your question, then yes, in Cook County, such a request is necessary to get a court date on a ticket for which a court appearance is not required. This is because such tickets have four options. Do nothing and be fined and potentially have a license suspension. Pay $120 for a conviction ($140 for speeding 21-25 mph over). Pay $167 for a REQUEST (not guarantee) of traffic safety school and court supervision. Plead not guilty and demand a trial date where the officer must appear. For more serious offenses, these are not an option and court appearance is mandatory. On that court appearance, you may refute the charge if you so choose. If this is not the purpose of your question or if you have any other questions, please let me know and I'd be happy to speak further. I hope that helps and if you have any questions, please let us know. Sincerely, Jason A. Wilkins Traffic Attorney (630) 445-2293
Q. I received a ticket for going 27 mph over and it's my first offense should I be worried about hard penalties?
A: Hello Asker, First, let me stated that the speed at which you have been cited is sufficient to justify taking this matter seriously. As you have probably read, it is considered a class B misdemeanor meaning that it can give you a criminal record. It can also drastically affect your insurance rates if you are convicted of this offense. There are outcomes that can be reached which can help minimize the damage of this offense that may be available to you based upon the circumstances of where you received your ticket and your clean record. In general, more leniency is given in highway zones rather than in residential or commercial areas. The extent to which these outcomes are achievable depends highly on the county. For this reason, it is best to have an attorney review it. My recommendation would be to schedule a free consultation with an attorney by phone. Provide them a copy of the ticket and have them give you their take on it. Take time to ask questions and get the answers you need to make a decision with regards to how to handle it. I hope that helps and if you have any questions, please let us know. 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