A ticket marked "YOU MUST APPEAR" or "COURT APPEARANCE REQUIRED" is issued for a violation for which the violator must appear in court on the date and time indicated. The Illinois Supreme Court requires individuals cited for violations which create a great potential for harm or carry mandatory minimum penalties to appear in court to answer the charges.

These cases are scheduled by the police officer issuing the ticket in accordance with Supreme Court Rule 504. The date selected must be not less that 14 days nor more than 60 days after the violation has occurred.

Traffic violations requiring a court appearance are distinguished in the following way: those for which the only punishment on conviction is a fine and those for which the punishment on conviction can be a jail sentence. Traffic violations that can result in a jail sentence are known as misdemeanors.

The court processes misdemeanor traffic offenses differently than traffic violations that are punishable by fine only.

Traffic violations punishable by fine only
The following is a list of the most frequently cited violations punishable by fine only that require a court appearance:

• failing to secure a child in a moving vehicle
• driving without a valid license or permit
• driving an uninsured vehicle
• passing a school bus while loading children
• speeding in excess of 30 mph but not over 40 mph over limit
• speeding in school zone when children are present
• speeding in construction zone when workers are present
• violation of cruising zones
• using an alley as a through street in violation of signs
• failing to yield to an emergency vehicle

The initial court date for violations punishable by fine only is the trial date. Continuances will only be granted for good cause.

When a driver fails to appear in court on violations punishable by fine only

• Drivers licensed in or residents of the State of Illinois
• Drivers licensed in other states

Drivers licensed in or residents of the State of Illinois
If a person fails to appear to answer these charges on the initial trial date or any continued trial date, the judge may enter one of the following judgements against that person:

• an order of ex parte judgement;
  
• an order of failure to appear; or
  
• an order of bond forfeiture conviction.

Order of Ex Parte Judgment

If a person ignores a ticket or fails to appear in court on any court date scheduled, the judge may enter an ex parte judgment of conviction and assess a fine against that person in the amount set by the Illinois Supreme Court.

The conviction will be reported to the Illinois Secretary of State for entry on that person's driving record.

The Clerk of the Circuit Court will send that person a notice for the fine.

If the fine is not paid within 46 days, the Illinois Secretary of State will be notified and the person will not be allowed to renew, replace or re-classify his or her driver's license until the fine is paid.

Ex parte judgments can be vacated by filing a motion in writing with the Clerk of the Circuit Court and by paying a non-refundable $45.00 fee. Persons filing motions should be aware of the following:

• If the motion is filed more than 30 days but less than two years after the date of the ex parte judgment, relief will be granted only if the defendant can show due diligence and a meritorious defense.
• If the motion is filed more than two years since the date of the judgment, relief can only be granted on proof the ticket was issued to someone other than the defendant.

Order of Failure to Appear

If a person has posted a valid Illinois driver's license in lieu of bail and fails to appear in court, the judge may enter an order of failure to appear.

The case is automatically continued to the next scheduled court date and that person is notified.

If a person fails to appear on this second court date, a second order of failure to appear will be entered.

The Clerk of the Circuit Court will notify the Illinois Secretary of State of that person's failure to come to court.

The Illinois Secretary of State will suspend that person's driving privileges until an appearance in court is made and the case is resolved.

If that person drives during the time of the suspension, he or she is guilty of a Class A misdemeanor.

Orders of failure to appear resulting in license suspensions can be vacated by filing a motion to vacate with the Clerk of the Circuit Court. A $50.00 non-refundable fee for such a motion is required.

Order of Bond Forfeiture Conviction
The final option allows the judge to enter an order forfeiting the defendant's bail.

The case is continued and the defendant is notified. On the continued date, if the defendant fails to attend court, a judgment for the amount of the bail is entered in favor of the prosecution and against the defendant. This is reported to the Illinois Secretary of State and posted to the defendant's driving record. This has the same impact as a finding of guilty after a plea or trial. In other words, it can result in a suspension or revocation of driving privileges.

This order may be vacated on the filing of a motion and requires a $55.00 non-refundable filing fee. If granted, the judgment will be vacated, the entry removed from the driving record and the case is set down for trial. In many situations a judge will not entertain a motion to vacate a judgment on a bond forfeiture until the case is resolved. In such instances, the court may require the posting of an additional bail to assure the defendant's appearance in court.

Drivers licensed in other states

The court will enter an order of failure to appear, continue the case to the next scheduled court date and notify the defendant. If the defendant fails to appear on the continued date, the court will enter another order of failure to appear. The Clerk of the Circuit Court will notify the Illinois Secretary of State of the order. The Illinois Secretary of State will notify the defendant's home state. If the defendant is a resident of one of the 46 states in the Driver's License Compact, the appropriate driver's licensing authority will be notified and his or her driving privileges will be suspended until the charges are resolved.

Misdemeanor traffic offenses
Traffic violations classified as misdemeanors can be punishable by a fine, a jail sentence or both. Persons charged with such offenses should consult an attorney immediately.

The most commonly prosecuted misdemeanor traffic offenses include the following:

• driving under the influence (DUI)
• driving on a suspended or revoked license
• speeding 40 mph or more in excess of the limit
• drag racing
• reckless driving
• leaving the scene of a property damage accident
• fleeing or attempting to elude the police
• driving a commercial vehicle while license is suspended, revoked, or driver has been placed out of service
• a Class A or Class B misdemeanor

The initial court date for a traffic violation classified as misdemeanor is an arraignment date. This is not a trial date. Persons charged with a misdemeanor should appear in court with an attorney.

When a driver fails to appear in court on misdemeanor traffic offenses
If a person is charged with a misdemeanor traffic offense and fails to appear in court, in most instances the following will occur:

• the judge will issue a warrant for that person's arrest;
• the bail deposited will be forfeited and the case will be continued for the entry of a judgment of the bond forfeiture; and
• the Clerk of the Circuit Court will notify the defendant of the new court date.

On the continued date, a judgment will be entered in favor of the People of the State of Illinois for the full amount of the bail. For example, if the bail is set at $3,000.00 and is secured by a $300.00 deposit, the judgment will be for $3,000.00. Similarly, if the defendant is released on an individual recognizance bond or I-bond, the judgment will be for the full value of the promised amount.

Notice of the entry of a judgment on a bond forfeiture is sent to the Illinois Secretary of State and has the same effect on driving privileges as a conviction after a plea or trial. In other words, driving privileges will be suspended or revoked in the same manner as they would have after trial and conviction.

Those who have had a warrant issued against them may:

• appear in court and request that the warrant be recalled; or
• surrender at the local police station and post the required bail.

ATTENTION:
After the warrant is issued, a defendant can be arrested at any time. Do not wait until the judgment date to take action.