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

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

Archive