DGAA bLAWg

Know Your Rights During an Illinois Traffic Stop

Web Admin - Tuesday, April 29, 2014

illinois traffic violations lawyerTraffic stops by police are the most common way that many people interact with law enforcement. In Illinois alone there are over two million traffic stops per year, according to a report released by the Illinois Department of Transportation. The common nature of these traffic stops means that it is important for people to understand what their traffic stop rights are, as well as what qualifies as a justifiable stop.

A Person’s Rights During a Traffic Stop

The two most important rights that people have during traffic stops are the right to remain silent and the right to refuse to consent to a search of their vehicle. The right to remain silent allows a person to refuse to answer questions the officer poses, such as, “Do you know why I pulled you over?” or “Where were you heading tonight?” However, there is a practical component to this right. Cooperation with the officer can make the traffic stop smoother and more painless, so the extent to which a person benefits from exercising this right may vary. Furthermore, the right does not extend to refusing to supply a driver’s license, proof of insurance, and registration if the officer asks for it.

The right not to consent to a search of the vehicle is another important right that arises commonly during traffic stops. Though police may ask for permission to search the vehicle, a driver is not required to give it. Importantly, this may not stop them from searching the car. If the police believe that they have probable cause to search the vehicle, then they can perform a warrantless search. However, it is easier to exclude evidence from the legal process if the police found it in a warrantless search, rather than in a search to which the person consented.

The right to refuse a search also has interesting implications for breathalyzer testing. Illinois has something known as an “implied consent law,” which basically states that a person automatically consents to DUI testing based on probable cause as a condition of receiving their license. While a person could still refuse a test, this would result in a suspension of their license for at least one year, and it may not actually help prevent a DUI conviction.

Justifiable Traffic Stops

Even before the traffic stop actually occurs, people’s constitutional rights come into play. This is because a traffic stop qualifies as seizure, which means that Fourth Amendment protections against unreasonable search and seizure apply. Consequently, the police may not stop a person without “specific and articulable facts” that give rise to a reasonable suspicion of criminal conduct. These facts can be things like traffic violations, missing license plates, or erratic behavior. Even anonymous tips called into the police can qualify in certain circumstances.

If you are facing criminal charges following a traffic stop, contact an experienced Illinois criminal defense lawyer today. We help accused citizens in town across the northwest suburbs, including in Rolling Meadows, Buffalo Grove, and Des Plaines.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.

Results in Traffic Court: Conviction, Conditional Discharge, and Supervision

Web Admin - Tuesday, February 25, 2014

illinois traffic court lawyerFrom speeding tickets to car accidents, traffic court is one of the most common ways that people find themselves involved in the legal system. While people can sometimes avoid the hassle of going to court by simply mailing the ticket in with payment, that is often not the most prudent strategy. Mailing the ticket in with payment is equivalent to a guilty plea. This means that it will likely affect a person’s insurance rates, as well as add points to their license, which can eventually result in a license suspension or revocation if a person receives too many points over a specific a period of time. Conviction for more serious crimes, such as driving under the influence (DUI), can also have serious consequences, like impairing a person’s ability to receive professional licenses, or impacting their future employment prospects.

A better strategy for handling a traffic ticket of any magnitude is to go to the courthouse and contest it. When a person contests a traffic ticket, a few different things can happen. First, the ticket can be dropped altogether or the person can be found not guilty. While this is certainly not a common occurrence, it can happen, especially if a person has only a minor ticket, such as a speeding violation, and if their lawyer can present extreme or unusual evidence to explain why the violation occurred. More commonly, a person can receive a conditional discharge or court supervision. Those two outcomes are very different, and they can have a large impact on the ultimate cost of the traffic ticket.

Conditional Discharge Versus Court Supervision

Conditional discharges are a form of probation that the court imposes on someone after they have been convicted of a traffic violation, often along with fines or traffic school. The difference between conditional discharge and ordinary probation is that the court will monitor the person’s compliance with the particular conditions laid out in a discharge. The problem with receiving a conditional discharge is that, because it counts as a conviction, it will appear on a person’s record with the Secretary of State, which can cause an increase in insurance premiums. Those costs can be quite high, even for minor speeding tickets, which, according to Forbes, can cause insurance premiums to rise over 10 percent.

Supervision differs from a conditional discharge in that it is not technically a conviction. That means that, even though the court may impose fines or traffic school for the violation, it will not increase a person’s insurance premiums, which can add up to a savings of hundreds of dollars every year, depending on how severe the offense was.

If you recently received a traffic ticket, contact a Des Plaines traffic attorney today. Our firm serves towns across northwest suburban Cook County including Deer Park, Rolling Meadows, and Buffalo Grove. We have experience defending people accused of traffic violations, and can help you avoid the hassle and expense of a conditional discharge.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, real estate law, and corporate law. He is involved in his local Illinois community as an active member of the DuPage County Bar Association, Northwest Suburban Bar Association, and the Arlington Heights Chamber of Commerce. In 2012, Colin was nominated for 2012 Business Leader of the Year by the Chamber.

Consequences for Illinois Traffic Tickets: What You Should Know

Web Admin - Friday, November 08, 2013

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

Traffic Violation Consequences

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

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

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

What You Can Do Before Conviction

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

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


Recent Posts


Tags

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

Archive