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

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

Archive