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Importance of Taking Traffic Violations Seriously

Web Admin - Monday, September 14, 2015

If you have been a driver for a significant length of time, it is likely you have, at the very least, been pulled over by a police officer. In the worst case scenario, you will have been cited for a traffic violation. If this happens, it may be beneficial to consult with an attorney to fully understand and protect your legal rights.

Consequences of Too Many Violations

Under Illinois Administrative Code, if an individual is convicted of three or more designated traffic violations in a 12 month period, it will result in a driver’s license suspension or revocation. Some examples of violations that can lead to this include speeding, street racing, or reckless driving. Most of the moving violations are codified in Chapter 11 of the Illinois Code, but not all of them (for example, driving without a valid license is found in Chapter 6).

For moving violations, it may be possible to be sentenced to court supervision that lasts a period of between 90 and 120 days. If, at the end of the supervision term, the driver has not been cited for another moving violation, the ticket is dismissed without a conviction. The driver must also have paid all applicable fines and court costs.

The supervision period begins on the date the driver pleads guilty or is found guilty in traffic court. If the driver is cited for another moving violation during the period, the supervision sentence is revoked and the driver is convicted on the underlying ticket. Additionally, the new ticket also counts towards the three-ticket limit. A person can only be given court supervision twice in one year.

Importantly, equipment violations do not usually count toward the limit of three violations. Examples of equipment violations include driving without a taillight, while not wearing a seatbelt, or with a loud muffler.

Length of Suspension

The length of suspension is determined by how many points the individual has on their driving record and whether he or she has had any prior license suspensions. Drivers accumulate points on their record when they are convicted of a violation. The following table is for drivers with no prior suspensions within the seven-year period from the effective date of the suspension or revocation:                   

                    Number of Points                                      Action                            

                             0-14                                         No Action

                             15-44                                       2-month suspension

                             45-74                                       3-month suspension

                             75-89                                       6-month suspension

                             90-99                                       9-month suspension

                             100-109                                   12-month suspension

                             110 or more                             Revocation

Under Illinois law, driving on a suspended license is a Class A misdemeanor, which can result in a jail sentence of up to one year and a fine of $2,500. Additionally, the period of suspension will be extended to a like period of time as the original suspension.

While moving violations usually can be taken care of by simply paying a fine, in some cases, there may be additional consequences. As a result, it is important that you treat moving violations seriously. If you would like more information, speak with an experienced Illinois criminal defense attorney today. Our firm provides representation for communities like Crystal Lake, Schaumburg, Palatine, Des Plaines, Rolling Meadows, Buffalo Grove, Barrington, Arlington Heights, Inverness, and Deer Park.

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. 


Sources:

http://www.ilga.gov/commission/jcar/admincode/092/092010400000300R.html

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-303


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