Under 21 - received a ticket - paid it - denied supervision dur to police error....?

Question

a friend received a moving voliation - not fully stopping at stop sign - the police said - was told by polcewoman to pay it and ask for supervision - she also checked "no court appearance required" - so they paid it and expected to get supervision. but about 2 months later received a letter from secetary of state reminding them that they had received a ticket and it was charged to them. later they found out the court supervision was denied because they were under 21 and if you are under 21 - the policewoman should have checked "court appearance required" to get supervision. According to the new law passed 8/7/2007 here in Illinois anyone under 21 must appear in court to get supervision and the policewoman was suspose to give them a paper telling stating this. We also called the police department prior to them paying this ticket and they told us to just pay the ticket. Is there any way of reverseing this ticket or getting it dismissed - due to the policewoman's error?

Answer 1

At court, the judge should catch onto the mishap.

You have to deal with this through court, just because the officer made a mistake, doesn't mean it's carved in stone... it's still up to the judge regardless.

Answer 2

You  are not totally correct.

It depends a bit on the county of the ticket.  When the officer said pay it and ask for supervision (if that was what was said) there is a fee that needs to be submitted to attend traffic school and if you complete it - you could be eligible for supervision.  if your friend is under 18 - it is a mandatory appearance with a parent at court.  But otherwise a court date is not assigned when the ticket is issued.  You do not need a court date to get supervision and if you went to court - the same thing would happen - you would get traffic school and when completed - you would get supervision.

The way to correct this is to go to the court and file a motion to reactivate the case.  When you do this a new court date will be issued and you can change your plea and possibly receive supervision.

There is no special paper to give you - you get a mandatory court date only if you are below 18, not 21 and your parent must appear.