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

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

Archive