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


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