Know Your Rights During an Illinois Traffic Stop

Web Admin - Tuesday, April 29, 2014

illinois traffic violations lawyerTraffic stops by police are the most common way that many people interact with law enforcement. In Illinois alone there are over two million traffic stops per year, according to a report released by the Illinois Department of Transportation. The common nature of these traffic stops means that it is important for people to understand what their traffic stop rights are, as well as what qualifies as a justifiable stop.

A Person’s Rights During a Traffic Stop

The two most important rights that people have during traffic stops are the right to remain silent and the right to refuse to consent to a search of their vehicle. The right to remain silent allows a person to refuse to answer questions the officer poses, such as, “Do you know why I pulled you over?” or “Where were you heading tonight?” However, there is a practical component to this right. Cooperation with the officer can make the traffic stop smoother and more painless, so the extent to which a person benefits from exercising this right may vary. Furthermore, the right does not extend to refusing to supply a driver’s license, proof of insurance, and registration if the officer asks for it.

The right not to consent to a search of the vehicle is another important right that arises commonly during traffic stops. Though police may ask for permission to search the vehicle, a driver is not required to give it. Importantly, this may not stop them from searching the car. If the police believe that they have probable cause to search the vehicle, then they can perform a warrantless search. However, it is easier to exclude evidence from the legal process if the police found it in a warrantless search, rather than in a search to which the person consented.

The right to refuse a search also has interesting implications for breathalyzer testing. Illinois has something known as an “implied consent law,” which basically states that a person automatically consents to DUI testing based on probable cause as a condition of receiving their license. While a person could still refuse a test, this would result in a suspension of their license for at least one year, and it may not actually help prevent a DUI conviction.

Justifiable Traffic Stops

Even before the traffic stop actually occurs, people’s constitutional rights come into play. This is because a traffic stop qualifies as seizure, which means that Fourth Amendment protections against unreasonable search and seizure apply. Consequently, the police may not stop a person without “specific and articulable facts” that give rise to a reasonable suspicion of criminal conduct. These facts can be things like traffic violations, missing license plates, or erratic behavior. Even anonymous tips called into the police can qualify in certain circumstances.

If you are facing criminal charges following a traffic stop, contact an experienced Illinois criminal defense lawyer today. We help accused citizens in town across the northwest suburbs, including in Rolling Meadows, Buffalo Grove, and Des Plaines.

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.

Results in Traffic Court: Conviction, Conditional Discharge, and Supervision

Web Admin - Tuesday, February 25, 2014

illinois traffic court lawyerFrom speeding tickets to car accidents, traffic court is one of the most common ways that people find themselves involved in the legal system. While people can sometimes avoid the hassle of going to court by simply mailing the ticket in with payment, that is often not the most prudent strategy. Mailing the ticket in with payment is equivalent to a guilty plea. This means that it will likely affect a person’s insurance rates, as well as add points to their license, which can eventually result in a license suspension or revocation if a person receives too many points over a specific a period of time. Conviction for more serious crimes, such as driving under the influence (DUI), can also have serious consequences, like impairing a person’s ability to receive professional licenses, or impacting their future employment prospects.

A better strategy for handling a traffic ticket of any magnitude is to go to the courthouse and contest it. When a person contests a traffic ticket, a few different things can happen. First, the ticket can be dropped altogether or the person can be found not guilty. While this is certainly not a common occurrence, it can happen, especially if a person has only a minor ticket, such as a speeding violation, and if their lawyer can present extreme or unusual evidence to explain why the violation occurred. More commonly, a person can receive a conditional discharge or court supervision. Those two outcomes are very different, and they can have a large impact on the ultimate cost of the traffic ticket.

Conditional Discharge Versus Court Supervision

Conditional discharges are a form of probation that the court imposes on someone after they have been convicted of a traffic violation, often along with fines or traffic school. The difference between conditional discharge and ordinary probation is that the court will monitor the person’s compliance with the particular conditions laid out in a discharge. The problem with receiving a conditional discharge is that, because it counts as a conviction, it will appear on a person’s record with the Secretary of State, which can cause an increase in insurance premiums. Those costs can be quite high, even for minor speeding tickets, which, according to Forbes, can cause insurance premiums to rise over 10 percent.

Supervision differs from a conditional discharge in that it is not technically a conviction. That means that, even though the court may impose fines or traffic school for the violation, it will not increase a person’s insurance premiums, which can add up to a savings of hundreds of dollars every year, depending on how severe the offense was.

If you recently received a traffic ticket, contact a Des Plaines traffic attorney today. Our firm serves towns across northwest suburban Cook County including Deer Park, Rolling Meadows, and Buffalo Grove. We have experience defending people accused of traffic violations, and can help you avoid the hassle and expense of a conditional discharge.

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, real estate law, and corporate law. He is involved in his local Illinois community as an active member of the DuPage County Bar Association, Northwest Suburban Bar Association, and the Arlington Heights Chamber of Commerce. In 2012, Colin was nominated for 2012 Business Leader of the Year by the Chamber.

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


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