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


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