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.

New Speed Limits on Illinois Roads: Keep Speeding Penalties in Mind

Web Admin - Friday, January 17, 2014

By Colin H. Gilbert

http://www.dgaalaw.com/colin-gilbert.html
cgilbert@dgaalaw.com

The New Year in Illinois comes with new speed limits to match. A new Illinois law raised the rural speed limits to 70 mph. A map that the Illinois Department of Transportation recently released details exactly which highways qualify for the new limit. As it turns out, about 90 percent of the Illinois highway by mileage will get the upgraded speeds. Although the law technically went into effect at the start of the year, the speed limits will not actually change until the state’s crews change the signs on the highways, a process they expect to complete by January 17th, assuming the weather permits.

With these new limits, motorists should keep aware of the penalties that come along with speeding violations. The most obvious consequence that comes along with a speeding violation in Illinois is the fine. Simple speeding tickets are petty offenses, which come with a fine capped at $1,000. However, speeding tickets in excess of 20 mph over the posted speed limit trigger the charge of reckless driving. In Illinois, reckless driving is a Class A misdemeanor, which means that the fine can go as high as $2500. In cases of reckless driving, the judge may also sentence the offender to up to one year in prison.

In addition to the fines and jail time, speeding tickets also add points to a person’s license. The amount of points added depends upon how much the driver exceeds the posted speed limit by.

• 0-10 mph over the speed limit: 5 points
• 11-14 mph over the speed limit: 15 points
• 15-25 mph over the speed limit: 20 points
• 26 or more mph over the speed limit: 50 points
• Reckless driving: 55 points

  • The points on a driver’s license come into effect in the event that a driver receives three tickets in a 12 month period. If that happens, then the state can suspend their driver’s license for a certain amount of time, the length of which is determined by the number of points on the license.

• 15 to 44 points: 2 month suspension
• 45 to 74 points: 3 month suspension
• 75 to 89 points: 6 month suspension
• 90 to 99 points: 9 month suspension
• 100 to 109 points: 12 month suspension
• 110 points or more: revocation

If you have recently received a speeding ticket or other traffic violation, contact an Arlington Heights traffic attorney today. Their knowledge and experience can help ensure your rights are properly defended in Crystal Lake, Inverness, Deer Park, and the surrounding areas.



Recent Posts


Tags

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

Archive