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


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


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