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

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

Archive