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

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

Archive