DGAA bLAWg

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


Tags

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

Archive