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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
278 Questions Answered

Q. I am 17 and got my first ticket, going 30 over in county of dupage , are the consequences serious ?
A: As the other attorneys as mentioned, this is considered a serious moving violation because it exceeds 25 miles per hour over the limit. Also as mentioned by Mr. Harvatin and Mr. Davis the $1,500 amount only applies as a punishment should you fail to appear in court. So long as you appear, there's no need to worry about that amount. The purpose of this section is to provide incentive for you to comply with the court order. This is just one of many methods they use. For example, if they took your driver's license, they could suspend it if you failed to show up. In this case, they gave you an individual bond which basically means you didn't have to post any money in exchange for the promise to come into court or else they will issue that judgment for that amount of money. With that being said, Mr Davis is correct in stating that one of the more common strategies is to reduce the speed so as to avoid a criminal conviction or criminal record. It is best to advise that you do speak to an attorney and have them review your specific case because factors such as whether the ticket was in a low or high speed zone can impact the success rate for a negotiation. In addition, you should make preparations to have a parent or Guardian present with you if you will not be 18 years old by the day of Court. This is because they cannot resolve these cases without a parent or Guardian present.
Q. I got a ticket for failing to yeild. I've only had my Liscense for a month, will i get my liscense taken? I am from IL.
A: Hello Asker, As usual, Mr. Harvatin is very thorough and correct in this matter. I would only add that if the ticket was the result of an accident, you should consider speaking to an attorney to see how to best go about getting the ticket dismissed. It probably won't require an attorney and you would have a good chance of dismissal in Cook County where it appears the ticket was received if you take the proper preparations. I hope that helps and let us know if you have any questions! Sincerely, Jason A. Wilkins Traffic Attorney (630) 445-2293
Q. Got pulled over without valid license (expired). Have court date but we live 2 states away, whats the best option?
A: Hello Asker, Honestly, the best advice is probably just to mail in a guilty plea and $120. You should consult an attorney in your local jurisdiction to see what they think the impact is for a license offense but here in Illinois, they are typically not recorded to the record so there is a possibility it may not appear on your record. In contrast, failing to appear or pay may be interpreted by your state as a suspension worthy offense. In our neighboring Indiana, suspending licenses of drivers who don't pay or appear is standard practice and if Ohio has a similar policy, your state may choose to suspend your license for inaction even though our state would do no such thing (unless you deposited your license as bond). I hope that helps and let us know if you have any questions! Sincerely, Jason A. Wilkins Traffic Attorney (630) 445-2293
Q. I have received the 11-602a violation ticket and and in next two days i got another 11-602b violation ticket. How bad
A: Hello Asker, I don't think you meant to say 11-602 but rather 11-601. 11-602 is more of a regulatory provision for 11-601. With that said, 11-601(a) is usually an accident ticket. These are not seen as serious violations so long as there aren't any major financial obligations and no one is seriously hurt. Hence, it is unlikely to make getting supervision on the 11-601(b) speeding. Fortunately, you are supervision eligible on both tickets because, so long as you haven't had court supervision twice in 12 months, you are considered supervision eligible. The issue you must be concerned about is that you may need to appear in court for at least one of the tickets if not both to get supervision on both. This is because state's attorneys routinely have a policy to deny supervision requests by mail or otherwise methods that avoid a court appearance if you have had a ticket in the past 12 months. If BOTH of these are from the same county, they may want you to appear for both. Personally, I don't recommend requesting supervision on the accident ticket. They are often best resolved set down for trial and hoping that no complaining witness shows up (assuming an officer did not witness the accident and thus the other driver is the only possible witness who could testify against you). This often results in winning by default. If your insurance paid the other driver's bills in full and no serious injury resulted, this is a common outcome since they are less likely to take off work to come to court. Take this with a grain of salt as I have not practiced in Urbana and you should speak to local counsel there to see if this strategy holds there. All of this said, I think you are in a good position to get supervision on both assuming you are found guilty on both but you should speak to a local attorney to see what they recommend about how to best go about increasing your chances of this. I hope that helps and let us know if you have any other questions! Sincerely, Jason A. Wilkins Traffic Attroney (630) 445-2293
Q. I received three red light camera tickets in 12 month. Will it result in a moving violations and take my driver license?
A: Hello Asker, Fortunately no. Because they cannot verify that you were driving the vehicle, red light cameras NEVER count as moving violations. Therefore, the rule related to receiving 3 convictions in 12 months does not apply because it requires they be point offenses (offenses governing the movement of vehicles). When you review 625 ILCS 5/11-208.6(j) (http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-208.6), it says that they are not moving violations. The exception to this is in circumstances where a camera catches you and an officer pulls you over. In that situation, it can be a moving violation. With that said, please take note of subsection (e) and the penalty for suspension for failing to pay 5 or more of these automated tickets. I hope that helps and let us know if you have any further questions. Sincerely, Jason A. Wilkins Traffic Attorney (630) 445-2293
Q. speeding ticket court date was on October 4. I paid ticket and receive court supervision. Will this ticket show?
A: Hello Asker, The best answer is it depends. It depends on the following factors: whether you actually got supervision, what type of license you have, what type of employer you are asking about, and whether you are an Illinois driver. I'll just go one by one. Supervision by mail or other method other than court appearance is NOT guaranteed. On minor violations, the chance of getting supervision is high but not 100%. With that being said, several factors can greatly reduce your chances. For instance, if you had a speeding ticket for 25 mph which many prosecutors will be less apt to give supervision on because it's code for someone who was actually going faster that the officer cut a break to. Additionally, if you had a ticket within the last year, this can make it much less likely/impossible to get supervision without a court appearance. Lastly, if you had supervision twice in the last 12 months, it's just plain impossible to get it a third time. The type of license can greatly affect it. If you hold a CDL, you are necessarily required to have your supervisions made public (i.e. visible to employers and insurance companies) by federal law. Other types like Class B and pilot's licenses run into much the same troubles. If you have anything other than a Class D or Class M license, you should DEFINITELY talk to an attorney in a free consultation to verify how visible this offense will be recorded because you likely will face much more scrutiny. If your employer is a taxi company (i.e. not ride share app) or a limousine company, you may find yourself reporting your supervisions to your employer indirectly because many municipalities require you to provide a copy of your driving record in order to renew chauffeur's licenses. Ordinarily supervisions are not public record but certain parties can still get them. Courts, prosecutors, perhaps police, the secretary of state, attorneys like myself, and you (the driver for your own record). Since you can access this record, a request to provide your driving record YOURSELF necessarily reveals otherwise non-public information. Finally, court supervision is an Illinois creation intended for Illinois licenses. As a consequence, Illinois license holders are the focus. Therefore, when it is reported to out of state agencies, it is common for there to be no easy way to communicate this and the out of state agency often assumes guilty is guilty and makes it public. In effect, this makes it functionally the same as a conviction in terms of visibility. I hope this helps and let us know if you have any questions! Sincerely, Jason A. Wilkins Traffic Attorney (630) 445-2293
Q. So i got a ticket for going 13 over at the end of May, i forgot to pay it so i had to go to court and got put on court
A: Mr. Harvatin is correct. In order to revoke your supervision, they must file paperwork to do so. A key point in whether your supervision may be revoked is whether your new ticket occurred in the same county as the one you are on supervision for. If this is the case, then you should certainly seek an attorney to help prevent your supervision were being revoked. If your new ticket occurred in a different County, one strategy that you can take is to get a continuance on the date of your new ticket. In Practical terms, the supervising County relies on your driving record to determine if you have violated your supervision. As a practical matter, a ticket doesn't appear on your driving record until it is resolved. Therefore, if you keep your new ticket's case open and it's in a different County such that the prosecutors wouldn't have easy access to it, it is entirely possible that they won't know about the violation. Either way, you should certainly speak to an attorney local to that region so that you can help prevent a suspension. You should also not mail in a guilty plea on this new ticket as that is very likely to risk suspension. As for the rules of suspension, if you have two moving violations that you received before your 21st birthday within 24 months of one another that you are later convicted of, you will be suspended. In addition, if you have had a prior suspension for this rule, a future moving violation conviction for Ticket issued before your 21st birthday will also trigger a suspension for 6 months. These are the two primary rules that you should concern yourself with. My recommendation along with Mr. Harvatin is to seek out an attorney in that region who can advise how to best go about preventing a conviction and risk of suspension.
Q. i was going 90 on a 55 i didn’t get a ticket but i do have to go to court what should i expect.
A: Hello Asker, Considering your location and the VERY specific speed (exactly 35 over), I am guessing you have court in the Rolling Meadows Courthouse. They have in recent years made a habit of writing construction zone speeding tickets at exactly 90 mph over (often they cite the driver going faster and elect to write a lower speed) with the expectation that should proper mitigation be presented, it would be reasonable to see the charges reduced. While that isn't a guarantee, it is possible to see a reduction. As Mr. Davis helpfully pointed out, it is considered a criminal misdemeanor as charged as it is 35 or more over the posted limit. As a consequence, it is a pretty serious ticket. Additionally, if the zone was a construction zone (I'm willing to bet 90% chance that is what your ticket says), then you can also expect higher than usual fines due to the minimum fine. My recommendation would be to expect to hire an attorney and to expect to have a conversation with them about the possibility of reducing this charge. With any luck, this can be achieved though it more often than not is not a guarantee and will heavily depend on your driving record and the manner of how you interacted with the officer. Either way, I feel you would be best served hiring a lawyer as these reductions often require significant negotiation that usually involves a supervising assistant state's attorney. I hope that helps and let us know if you have any questions!
Q. Hi, I got speeding ticket for 21-25mph. Im out of state driver. does im eligible for court supervision ?
A: Hello Asker, I appreciate Mr. Ooink's answer. He has very thoroughly discussed the issues that come with being an out of state driver. I would only add that if you want to be fully aware of the impact on your license, you should also consult with a traffic attorney from the state in which your license is issued. They can answer whether supervision will protect you (very unlikely) and what impact it would have on your record. When you ask them about supervision, you may need to explain exactly what that means. You can tell them the following explanation of what court supervision is: "it is a finding of guilt where the case is continued and allowed to remain open. During that time, you are given terms of a sentence to complete within a set period of months such as fines and traffic school as well as a promise not to violate any laws. If at the end of these months you have not received any violations and completed all terms, the case is closed without a conviction (public reporting of guilt) and is recorded as a supervision which is not a conviction as defined by the state of Illinois.". From there, they can make a determination about whether it would be something they think would affect you. That said, I would agree with Mr. Ooink that it is VERY likely to still be treated as a conviction out of state. Hope that helps!
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Law Office of Jason A. Wilkins
2135 CityGate Lane
Suite 300
Naperville, IL 60563
USA
Telephone: (630) 445-2293