DGAA bLAWg

Importance of Taking Traffic Violations Seriously

Web Admin - Monday, September 14, 2015

If you have been a driver for a significant length of time, it is likely you have, at the very least, been pulled over by a police officer. In the worst case scenario, you will have been cited for a traffic violation. If this happens, it may be beneficial to consult with an attorney to fully understand and protect your legal rights.

Consequences of Too Many Violations

Under Illinois Administrative Code, if an individual is convicted of three or more designated traffic violations in a 12 month period, it will result in a driver’s license suspension or revocation. Some examples of violations that can lead to this include speeding, street racing, or reckless driving. Most of the moving violations are codified in Chapter 11 of the Illinois Code, but not all of them (for example, driving without a valid license is found in Chapter 6).

For moving violations, it may be possible to be sentenced to court supervision that lasts a period of between 90 and 120 days. If, at the end of the supervision term, the driver has not been cited for another moving violation, the ticket is dismissed without a conviction. The driver must also have paid all applicable fines and court costs.

The supervision period begins on the date the driver pleads guilty or is found guilty in traffic court. If the driver is cited for another moving violation during the period, the supervision sentence is revoked and the driver is convicted on the underlying ticket. Additionally, the new ticket also counts towards the three-ticket limit. A person can only be given court supervision twice in one year.

Importantly, equipment violations do not usually count toward the limit of three violations. Examples of equipment violations include driving without a taillight, while not wearing a seatbelt, or with a loud muffler.

Length of Suspension

The length of suspension is determined by how many points the individual has on their driving record and whether he or she has had any prior license suspensions. Drivers accumulate points on their record when they are convicted of a violation. The following table is for drivers with no prior suspensions within the seven-year period from the effective date of the suspension or revocation:                   

                    Number of Points                                      Action                            

                             0-14                                         No Action

                             15-44                                       2-month suspension

                             45-74                                       3-month suspension

                             75-89                                       6-month suspension

                             90-99                                       9-month suspension

                             100-109                                   12-month suspension

                             110 or more                             Revocation

Under Illinois law, driving on a suspended license is a Class A misdemeanor, which can result in a jail sentence of up to one year and a fine of $2,500. Additionally, the period of suspension will be extended to a like period of time as the original suspension.

While moving violations usually can be taken care of by simply paying a fine, in some cases, there may be additional consequences. As a result, it is important that you treat moving violations seriously. If you would like more information, speak with an experienced Illinois criminal defense attorney today. Our firm provides representation for communities like Crystal Lake, Schaumburg, Palatine, Des Plaines, Rolling Meadows, Buffalo Grove, Barrington, Arlington Heights, Inverness, and Deer Park.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association. 


Sources:

http://www.ilga.gov/commission/jcar/admincode/092/092010400000300R.html

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-303

New Speed Limits on Illinois Roads: Keep Speeding Penalties in Mind

Web Admin - Friday, January 17, 2014

By Colin H. Gilbert

http://www.dgaalaw.com/colin-gilbert.html
cgilbert@dgaalaw.com

The New Year in Illinois comes with new speed limits to match. A new Illinois law raised the rural speed limits to 70 mph. A map that the Illinois Department of Transportation recently released details exactly which highways qualify for the new limit. As it turns out, about 90 percent of the Illinois highway by mileage will get the upgraded speeds. Although the law technically went into effect at the start of the year, the speed limits will not actually change until the state’s crews change the signs on the highways, a process they expect to complete by January 17th, assuming the weather permits.

With these new limits, motorists should keep aware of the penalties that come along with speeding violations. The most obvious consequence that comes along with a speeding violation in Illinois is the fine. Simple speeding tickets are petty offenses, which come with a fine capped at $1,000. However, speeding tickets in excess of 20 mph over the posted speed limit trigger the charge of reckless driving. In Illinois, reckless driving is a Class A misdemeanor, which means that the fine can go as high as $2500. In cases of reckless driving, the judge may also sentence the offender to up to one year in prison.

In addition to the fines and jail time, speeding tickets also add points to a person’s license. The amount of points added depends upon how much the driver exceeds the posted speed limit by.

• 0-10 mph over the speed limit: 5 points
• 11-14 mph over the speed limit: 15 points
• 15-25 mph over the speed limit: 20 points
• 26 or more mph over the speed limit: 50 points
• Reckless driving: 55 points

  • The points on a driver’s license come into effect in the event that a driver receives three tickets in a 12 month period. If that happens, then the state can suspend their driver’s license for a certain amount of time, the length of which is determined by the number of points on the license.

• 15 to 44 points: 2 month suspension
• 45 to 74 points: 3 month suspension
• 75 to 89 points: 6 month suspension
• 90 to 99 points: 9 month suspension
• 100 to 109 points: 12 month suspension
• 110 points or more: revocation

If you have recently received a speeding ticket or other traffic violation, contact an Arlington Heights traffic attorney today. Their knowledge and experience can help ensure your rights are properly defended in Crystal Lake, Inverness, Deer Park, and the surrounding areas.


Red Light Cameras in Illinois: What You Need to Know

Web Admin - Thursday, November 21, 2013

Motorists come in contact with yellow lights at intersections daily. And while many slow to a stop to avoid a possible accident, others may risk their chances by gunning the engine through the changing lights above, often doing so with no repercussions.

Even if you avoid an accident, you may still be hit with a traffic citation for running a red light. In fact, with the proliferation of red light cameras throughout Illinois, residents in Chicagoland may find themselves being mailed tickets for allegedly running a red light and being caught on camera. Citations are sent to the registered owner of the vehicle, even if the owner was not driving at the time.

The cameras are connected to traffic signals at select intersections. There is usually a constant low-resolution video feed being recorded, and sensors are connected to crosswalk lines and stop lines. When vehicles cross those lines after a light is red, a high-resolution camera is triggered that tries to captures the vehicle license plate and an image of the entire vehicle in the intersection.

The Consequences

If you are convicted of red light camera violation, you will have clear consequences. For starters, you will owe a fine­--typically $100. But it is not only a matter of money; the citation will affect your driving record and may result in 20 “points” being added to your license record. Considering the effect that this may have down the road, it is important to think twice before automatically paying the ticket.

Defending Yourself Against Red Light Tickets in Illinois

Under Illinois law, if you receive a ticket in the mail you have the option to request a hearing to contest the violation.  

Mistakes are frequently made by these automated systems. The technology is not perfect, and many resident who lawfully enter an intersection before a light is red, or make a right turn on a red light after properly stopping, still receive citations in the mail. The same Illinois law that allows administrative hearings to contest a charge also require municipalities to provide you with access to the recorded images of your supposed violation.

In addition, there are specific state rules that prevent municipalities from issuing citations in any manner they choose. For example, the law explains that a municipality “may not use an automated traffic law enforcement system to issue violations in instances where the motor vehicle comes to a complete stop and does not enter the intersection… even if the motor vehicle stops at a point past a stop line or crosswalk where a driver is required to stop…”

For help with red light ticket legal issues throughout the Chicagoland areas, including Lake County, Will County, DuPage County, and other nearby communities, please contact an experienced Illinois traffic lawyer today. We help residents in many northwest suburban areas including Arlington Heights, Palatine, Buffalo Grove, Barrington, Schaumburg, Des Plaines, McHenry, and Crystal Lake defend themselves in these situations.


Recent Posts


Tags

personal injury lawyer operating agreements GM ignition switches murder Rolling Meadows insurance attorney speeding Chicago biking tips Crystal Lake law firm head on collisions Arlington Heights car crash attorneys Inverness insurance attorney contracts pedestrian injuries, pedestrian fatality Arlington Heights car accident lawyer medical marijuana insurance agent negligence car crash injuries Schaumburg criminal attorney suspended license Illinois defective products attorney pregnant women Crystal Lake bike accident lawyer Forcible Entry Illinois Transfer on Death Instrument Buffalo Grove medical malpractice lawyers IRELA Barrington workers compensation attorney life insurance policy Schaumburg corporate attorney trusts Schaumburg Crystal Lake medical malpractice attorneys wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Chicago trucking accident attorney severance agreements Inverness DUI lawyer filing a medical malpractice claim Illinois home inspection DUI Chicago car accident lawyer Illinois traffic ticket lawyer ACA blended families Rolling Meadows car accident lawyers institutional trustee underinsured motorist traffic accidents Deer Park traffic accident attorney Illinois workers compensation lawyer Barrington Illinois estate planning lawyer Des Plaines DUI attorney probate power of attorney for healthcare Illinois business lawyer life insurance claims Inverness injury lawyer pet law Chicago will attorney privacy laws car accident estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers probate lawyer CAM loopholes Illinois personal injury lawyers advance healthcare directive Arlington Heights lawyer Illinois elder law attorney holiday statistics Barrington Traffic Lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys attorney fees insurance claim dispute attorney automated cars civil rights violation denial of life insurance installment contracts rumble strips caretaker rights Illinois business law atorneys Rolling Meadows probate lawyer FMLA Barrington attorney Illinois personal injury attorney spinal cord injuries Rolling Meadows construction contracts slip and fall Illinois employment law attorneys blood alcohol content deed transfer Inverness estate planning lawyer wrongful death murder defense Illinois traffic laws Illinois medical malpractice lawyers Arlington Heights pedestrian accidents Schaumburg elder law lawyer unfunded trust insurance adjusters Rolling Meadows estate planning attorney Deer Park personal injury lawyer DUI attorney Mount Prospect wills and trusts lawyers probate claims Des Plaines accident attorney Crystal Lake estate planning lawyer natural gas drug crimes lawyer Illinois wills and trusts trench injuries reckless homicide Des Plaines personal injury attorney Liquor Control Act consent to a search Illinois car accident attorney Crystal Lake pedestrian accident lawyer Super Mario products liability Rolling Meadows personal injury attorney comp time Illinois employment attorneys Illinois will lawyer texting and driving Palatine law firm caregiver spinal cord injury BAC insurance claim denial South Barrington real estate attorney personal injury accidents Rolling Meadows personal injury lawyers Illinois insurance lawyer Palatine elder law attorney Rolling Meadows DUI lawyer Rolling Meadows insurance lawyer FSLA Illinois Palatine civil litigation lawyer marijuana auto accidents landlord commercial real estate corporate law Des Plaines tax law firm Arlington Heights wills and trusts attorneys Illinois Smoke Detector Act minimum wage new real estate form Rolling Meadows tax attorney real estate leasing workplace sexual harassment insurance claim delay criminal record Food and Drug Administration's Food Safety Modernization Act Rolling Meadows traffic law firm Illinois estate planning trucking accident lawyers insurance claim denials Rolling Meadows Attorney Illinois employment lawyer condo association employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Chicago employment lawyer Schaumburg criminal law attorney dog bites BAIID traffic crimes Rolling Meadows boating crash lawyer commercial leases Illinois speeding lawyer fiduciary rule Schaumburg personal injury lawyers criminal law Illinois boating accident lawyer Arlington Heights medical malpractice lawyer Chicago insurance law firm Buffalo Grove criminal defense lawyer jet ski accidents medication errors hit and run accident employment lawyer bicycle accidents Colin Gilbert unpaid assessment defective products nursing home negligence internet Des Plaines Traffic Lawyer traffic tickets Chicago will attorney, social media platforms, Illinois estate planning lawyer, Barrington criminal lawyer privacy Illinois medical malpractice case IRA trust transfer drunk driving statistics Arlington Heights criminal lawyer insurance claim dispute Palatine real estate lawyer surgical mistakes denied insurance claims Arlington Heights employment law attorneys Riverwoods estate planning lawyer rent to own real estate contracts Inverness civil lawyer Des Plaines personal injury lawyers real estate financial advisors Des Plaines claims law firm investment property car accidents Buffalo Grove traffic lawyers Palatine employment lawyer Palatine employment law lawyer medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers trust payments DUI penalities work unions Barrington real estate lawyer Illinois pedestrian accident attorney probate claims process Retaliatory Discharge Rolling Meadows litigation lawyer Buffalo Grove employment lawyer car collision DGAA Buffalo Grove corporate attorney Illinois estate planning attorney traffic deaths estate attorney Schaumburg injury lawyer foreclosed rental property field sobriety test sole proprietorship Buffalo Grove probate lawyer digital assets Arlington Heights trucking lawyer Buffalo Grove law firm college kids Rolling Meadows employment attorney traffic offenses whistleblower protections Rolling Meadows business lawyer insurance disputes digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers car crashes meal breaks employee discrimination Crystal Lake pet attorney taxes Palatine business attorney expungement Deer Park criminal attorney Des Plaines collections attorney wage theft car crash estate planning life insurance Deer Park DUI lawyer guardianship attorney Arlington Heights TBI attorney motorcycle accident Chicago corporate attorney traffic violations Illinois trusts attorney Illinois medical malpractice claim personal injury Illinois Wage Payment and Collection Act Palatine drug lawyer license reinstatement Mount Prospect real estate lawyer construction accidents wills Illinois Probate Act of 1975 Illinois corporate lawyer driving Des Plaines real estate lawyer Rolling Meadows employment law attorneys Exclusions PTSD license suspension icy parking lots manufacturing anesthesia errors employee misclassification Illinois insurance dispute lawyers Palatine traffic accidents Des Plaines insurance attorney living wills Palatine criminal defense lawyer Illinois employment law attorney homestead rights Illinois law Illinois insurance attorney Illinois employment laws IRA benefits Illinois insurance claim attorney employment law, Illinois employment laws Joliet general practice lawyers Crystal Lake will lawyer Arlington Heights wills and trusts lawyer Rolling Meadows accident lawyer Inverness corporate attorney power of attorney Schaumburg personal injury attorney Crystal Lake employment law attorney clemency Des Plaines personal injury lawyer Home Remodeling Repair Act Long Grove estate planning attorney Rolling Meadows personal injury lawyer workers compensation civil litigation attorney Illinois traffic attorneys Arlington Heights wills and trusts attorney Legal Info personal injury law firm Arlington Heights personal injury attorney Long Grove estate planning attorneys tax attorney Arlington Heights insurance attorney gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys llinois Real Estate Lawyers Association Crystal Lake medical malpractice lawyer gift taxes license Chicago traffic lawyer Arlington Heights personal injury lawyer insurance dispute trucking accidents Barrington litigation attorney Crystal Lake insurance lawyer Illinois rollover accident lawyers Inverness elder law lawyer Schaumburg medical malpractice lawyer fatal car accidents modern family estate planning Illinois construction accident attorney insurance dispute attorney medical malpractice trustee liability claims preventing accidents employment law Illinois civil litigation lawyer controlled substance paid sick leave Illinois Human Rights Act Schaumburg traffic lawyer distracted driving accident victims Illinois bicycle safety agent POA Inverness accident lawyer Deer Park accident attorney in terrorem provision digital information Des Plaines drug crimes lawyer Barrington injury attorney Policy Cancellation real estate closing employee rights jet ski capital gains tax Palatine construction attorney estate tax Illinois injury lawyer Crystal Lake traffic attorney Des Plaines Barrington personal injury lawyer Illinois workplace discrimination attorney Arlington Heights accident attorney traffic laws fiduciary rule delay Crystal Lake injury attorney Do Not Resuscitate Arlington Heights real estate lawyer Palatine estate planning lawyer Rolling Meadows insurance dispute lawyers, insurance dispute social media after death Illinois insurance disputes vacation home liens Barrington personal injury attorney Illinois insurance claim dispute lawyer Barrington boating accident attorney employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys pizza emoji Crystal Lake car accident attorney Schaumburg probate attorney underfunded trust Chicago insurance claim attorneys Barrington employment law firm bicycle dooring accidents Schaumburg estate planning lawyer overtime violations real estate zoning irrevocable trust Home Sale Contingencies startup company loss of consortium fault based insurance Crystal Lake civil litigation lawyer disability benefits Chicago estate planning lawyer Inverness real estate attorney premises liability Arlington Heights wills and trusts lawyers first degree murder Des Plaines civil attorney vacation home fines Crystal Lake personal injury lawyer South Barrington real estate lawyer Long Grove estate planning mass shooting Crystal Lake accident attorney slip and fall accidents Colin H. Gilbert cell phone life insurance lawyer unpaid overtime Arlington Heights estate planning attorney Employment Discrimination Law Illinois registered agent BUI texting while driving Palatine insurance lawyer Illinois real estate personal injury claims Long Grove real estate lawyer drunk driving Schaumburg employment law attorneys Illinois small business back injuries car accident lawyers Rolling Meadows corporate lawyer Schaumburg wrongful death attorney Attorney Ken Apicella Rolling Meadows insurance dispute lawyers IRS Family Medical Leave Act child safety bike accident Crystal Lake criminal defense attorney federal regulations for LLCs real estate lawyer criminal commercial leasing Deer Park medical malpractice attorney employees hiring employees residential real estate Rolling Meadows employment law attorney changes to mortgage law real estate attorney Illinois lawyer Illinois jet ski accident lawyer boating accidents Inverness personal injury attorney Illinois traffic accident lawyer Chicago employment attorney real estate attorneys construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation small business Barrington employment attorney Arlington Heights traffic attorney Crystal Lake car accident lawyer breathalyzer test eluding a police officer living trust benefits criminal defense Des Plaines injury law firm Mount Prospect elder law attorney Mt Prospect Attorney boating under the influence Crystal Lake business law attorneys Chicago attorney insurance denials Illinois personal injury lawyer Arlington Heights injury attorney home inspection lawyer Illinois DUI attorney Palatine injury attorney federal crimes Buffalo Grove car accident lawyer right to work employment attorney denied insurance claim Arlington Heights Attorney crossover accidents brain injury boating DUI defective products lawyer Crystal lake insurance dispute attorney insurance claim special needs trust Buffalo Grove insurance claim dispute lawyers creditors Barrington civil litigation attorney probate process Rolling Meadows real estate attorney sexual harassment real estate contract probate fees dealing with problem employees personal injury claim rest breaks traumatic brain injuries insurance agents compensatory time Whistleblower Claims Barrington medical malpractice lawyers pedestrian accidents Palatine corporate law attorneys healthcare claims Barrington estate planning attorney Illinois Sales Representative Act Buffalo Grove personal injury attorney business litigation elder law Schaumburg car accident attorney Buffalo Grove traffic attorney Palatine employment attorney Crystal Lake employment lawyer Illinois workers compensation attorney sexual images Rolling Meadows marijuana attorney DUI defense golf accidents Palatine probate lawyer drug crime LLCs drug crimes Class A misdemeanor traumatic brain injury personal injury attorney Chicago lawyer wills and trusts Jay Andrew insurance attorney Schaumburg Attorney job lawyers underage DUI Detainer Actions Crystal Lake employment attorney Des Plaines drug lawyer Crystal Lake medical malpractice law firm Illinois LLC creation distracted driving accidents pet bites Des Plaines criminal attorney Illinois tax attorney Illinois pet lawyer Barrington estate planning lawyer Crystal Lake traffic lawyer estate plan pay when paid contract Schaumburg personal injury lawyer DMV Inverness probate lawyer Deer Park workers compensation lawyer cell phone tower data estate planning for college students Rolling Meadows medical malpractice lawyers Illinois probate lawyer Long Grove real estate attorney swimming pools Kenilworth estate planning attorney Illinois estate planning law firm Chicago estate planning Illinois wrongful termination lawyer low-ball insurance settlement condo revenge porn Fair Labor Standards Act civil litigation Barrington employment law attorney pedestrian accident employment contract Palatine trusts lawyer health insurance dispute Fourth of July food poisoning Des Plaines motorcycle accident attorney Rolling Meadows drug defense attorney car accident lawyer Arlington Heights tax lawyer Arlington Heights employment attorney mortgage Thanksgiving no contest clauses workers compensation benefits Schaumburg estate planning attorney Kenilworth estate planning lawyer Illinois employee rights attorney. School Visitation Rights Act elder abuse comparative negligence accidental death benefits appealing an insurance claim Illinois Workers’ Compensation Commission Illinois mortgages Illinois driving without license wrongful termination Rolling Meadows traffic attorney Palatine corporate attorney Palatine civil attorney Palatine traffic lawyer estate planning lawyer Schaumburg employment attorney Schaumburg estate attorney rollover accidents Illinois insurance claim dispute lawyers Arlington Heights Traffic Lawyer trauma after an accident breach of contract product liability Long Grove wills and trusts attorneys workers comp hands free device estate planning trusts Deer Park traffic lawyer Inverness real estate lawyer owner responsibility natural gas explosion traffic violations defense Crystal Lake personal injury attorney murder charges personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys ken apicella Crystal Lake tax lawyer Landlord Tenant Ordinance license revocation Illinois red light cameras forming a corporation in Illinois DNR digital evidence Des Plaines medical malpractice attorney drugs Illinois real estate lawyer liability estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, digital media accounts, estate planning, Arlington Heights estate planning attorney, senior citizens Illinois trucking safety unauthorized overtime Buffalo Grove real estate attorney estate planning attorney involuntary manslaughter marijuana crimes attorney Schaumburg construction accident lawyer Buffalo Grove injury lawyer truck collisions foreclosure insurance claims insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Federal Food Drug and Cosmetic Act insurance denial appeals income distribution deducation Illinois traffic attorney drug possession overtime pay Transfer on Death Instrument Illinois attorney Illinois criminal defense attorney pedestrian-automobile accident bad faith insurance claims Deer Park motorcycle accident lawyer healthcare pain and suffering Schaumburg real estate lawyer Illinois insurance claims lawyers Inverness traffic law firm medical malpractice compensation uninsured motorist Rolling Meadows criminal lawyer Des Plaines pet law attorney Palatine Attorney independent contractor medical research Illinois living will Palatine personal injury lawyer motorcycle accident lawyer TBI subcontractor problem employees dram shop law Deer Park real estate law firm Barrington criminal defense lawyer cell phone accidents Self-Directed IRA Accounts ObamaCare living trust vs will Des Plaines real estate attorney insurance negligence Illinois wills and trusts attorneys Illinois collections attorney landlord tenant law rollover car crashes Palatine workers compensation lawyer Rolling Meadows criminal attorney Illinois job attorney medical malpractice claims Illinois personal injury living trust Schaumburg drug defense lawyer dynasty trusts preventable medical errors Illinois motorcycle accident lawyer Rolling Meadows Traffic Lawyer Schaumburg civil litigation attorney Deer Park employment law attorney Illinois employment law firm deadly crashes Buffalo Grove personal injury lawyer Illinois workplace lawyer Affordable Care Act Schaumburg insurance lawyers Palatine punch death Illinois employment law Barrington drug crime attorney Kenilworth estate planning attorneys Barrington business law firm Illinois medical malpractice attorney

Archive