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

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

Archive