Traffic Court Accident (Aurora, Kane: car insurance, attorney, buying)

[Anacrusys]

I got into my first car accident in Aurora and nobody was hurt. The cop wrote me a ticket for driving though a red light. Although he didn't show up until 3 minutes after the accident. There was a witness that told him I went though the red light. I'm going to court in a few weeks and I'm worried and have questions.

The ticket doesn't say anything about an accident and it says no court appearance required. However, I was driwving with no car insurance without knowing it. My insurance had expired two months earlier. I sent a check but they didn't get it. I had an insurance card showing the cop I had insurance until September because State Farm sends out cards early. He did not write me a ticket for driving with no insurance.

I don't think State Farm informed the police that I had no insurance but I'm not sure. The other driver also had State Farm and she tried to file a claim on my policy. State Farm knows I got into an accident with no insurance. I worked out a deal with the other driver and paid to fix her car so there was no insurance claims. She will not be going to court. I have no idea if the witness will show up. I have some questions if anyone has experience.

1. Will the judge know my ticket caused an accident? There was a police report but the ticket doesn't say anything about an accident. I assume he will know but maybe not if the witness does t show up.

2. What is the procedure if I plead not guilty? Will I have a bench trial the same day? I prefer to get it over with. I'm hoping they will dismiss my ticket if the witness doesn't show up. Because the cop didn't see it.

2.5. Should I try to ask the states attorney to dismiss me before the judge calls my name.

3. If the witness is there do they have a normal trial where we cross examine each other? I've never been to a trial before. I'd like to know the procedure to reduce some of my anxiety over going to court

4. I think if I plead not guilty and lose there is more of a chance I will get a license suspended for driving with no insurance. However, the other driver is not going to court. She knows I had no insurance. State Farm knows I had no insurance too.

5. I assume if I win there will be less of a chance of getting my license suspended because then I will not have been proven at fault for causing the accident. That is if State Farm or the girl already told the cops I had no insurance . Any advice or information would be great. Thx.

[MSchemist80]

Most likely if the witness doesn't show up you will be found not guilty. The Cop didn't see you run the red light and can't testify that the witness did as that is hearsay.

[chet everett]

First question:

Is court in KANE COUNTY or DuPage County? IT MATTERS.
https://epay.co.kane.il.us/epay/Kane...nty_ePay.html#

https://www.dupagecase.com/Clerk/

It is almost NEVER a good idea to go to court if it is not required. You should have visited the appropriate web site and asked for "court supervision"...

[MSchemist80]

You can usually still get supervision at court if you decide to plead guilty but my experience was in Cook or you can do traffic school.

[ToriaT]

Why go to court when the outcome could be worse than not going. I think it would be folly to go. Just pay the ticket and be done with it. And take this as a lesson...it could be much much worse. What if real damage had occurred. I'm not really buying the they did not get the check...well maybe but I have State Farm insurance and they send out cancellation notices before they cancel. And my state farm agent office also puts in a courtesy call asking or reminding you you did not pay the insurance.

[MSchemist80]

In traffic court the only real worse outcome is added court cost.