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


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