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


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