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


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