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.

Consequences for Illinois Traffic Tickets: What You Should Know

Web Admin - Friday, November 08, 2013

Drivers in Illinois face a complex system of penalties every time they get a traffic ticket or moving violation. These penalties can include fines, points on their driving record, and even the suspension of a driver’s license. Plus, convictions for traffic offenses often increase the cost of a person’s car insurance.

Traffic Violation Consequences

One of the most immediate and noticeable results of a traffic conviction is the fine that tends to accompany them. These fines range anywhere from $50 to $350 for most offenses, while more serious violations, like DUIs, can cost $2500 for a first offender. But, Illinois imposes penalties beyond those fines for traffic tickets. The state of Illinois uses a point system to track a driver’s history of offenses. These point values range from five points for driving below the minimum speed limit all the way up to 55 points for reckless driving.

Accruing points can cause serious problems for drivers, especially if they commit three traffic offenses within a twelve month period. If that happens, the state can suspend their driver’s license for a certain amount of time (anywhere from two to 12 months) based on the number of points on the license. Additionally, if the driver has over 110 points on their license the state can revoke their license. Unlike suspensions, which end after a certain amount of time, revocations last at least one year, but may last longer and depend on the government’s discretion.

Traffic convictions also increase a driver’s insurance premiums. One study showed that convictions can raise rates by as much as 22 percent for something like reckless driving, or 11 percent for a smaller offense like speeding. To put that in perspective, the average driver pays $850 a year to insure their car, which means that a speeding ticket would cost about $85 every year on top of the fine and the risk of suspension.

What You Can Do Before Conviction

You can take several steps to avoid the consequences that come along with traffic convictions. Of course, you should always drive carefully and obey the rules of the road. Beyond that, taking a defensive driving may qualify you for a reduction in your car insurance rates. Additionally, contesting the traffic tickets can help you avoid these consequences.

Fighting the ticket in court can severely decrease, and even completely eliminate the penalties that come from traffic violations. And, you don’t have to fight it on your own. Contact an experienced Arlington Heights traffic attorney today. We help residents throughout the area, including Chicago, Crystal Lake, Palatine, Rolling Meadows, and Buffalo Grove.


Recent Posts


Tags

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

Archive