Tag Archives: Illinois traffic laws

Illinois reckless driving lawyers

If you get pulled over for reckless driving, you may get more than a ticket. You could be taken into custody, which could mean your vehicle will be impounded. You may also have to post bail or stay in jail until it is time to appear before a judge. Altogether, it can be a costly criminal charge.

What is Reckless Driving?

According to Illinois law, the following scenarios can result in a reckless driving charge:

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St. Charles traffic ticket lawyers

A sizable percentage of drivers have been charged with a traffic violation at one time or another, whether due to speeding, a tail light being out, an expired license plate, or another offense. Some offenses are more serious than others, but they all can end up costing drivers money. So what happens if you get a ticket and you do not have the money to pay?

In 1983, the U.S. Supreme Court made it illegal for judges to send defendants to jail if they are unable to pay their court fines. However, it is still legal for them to send people to jail if they are unwilling to pay their fines. This is a distinction that, left in the hands of judges, ends up landing many lower income citizens behind bars, when in reality, they may not have the funds to cover their fines.

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Naperville Traffic Lawyer

In Illinois, there are many ways you can lose your driving privileges. Not paying child support, not appearing in court when you are summoned, not paying traffic tickets or fines, and DUI are ways your driver’s license can be suspended or revoked. 

Another common way driver’s license suspensions or revocations take place is when you accumulate too many points on your driving record during a certain period of time. The ability to drive freely is something you do not know how much you would miss until it is gone. It is important to understand the Illinois points system so you can avoid license suspension or revocation.

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Naperville criminal defense attorneys, sobriety checkpoints, DUI checkpointsUnder Illinois law, sobriety checkpoints are a legal method used by police to find inebriated drivers and keep the state’s roadways safer. Sobriety checkpoints are police traffic stops that are not related to any individual suspicion of DUI. At temporary, random locations, police briefly detain and interview drivers. Those acting suspiciously are subjected to sobriety tests and, if they are intoxicated, charged with DUI.

Search and Seizure

Due to the Fourth Amendment’s protection against unreasonable search and seizures by the government, police generally need a reasonable suspicion of illegal activity to stop drivers. A reasonable suspicion does not mean an absolute certainty, but rather a justifiable suspicion that unlawful activity is occurring or is imminent.

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distracted drivingOn January 1, 2014 Illinois banned the use of electronic devices, including hand held cell phones, while behind the wheel of a vehicle. This new law is an expansion to 625 ILCS 5/12 610.2, Illinois’ previously enacted anti-texting and driving statute.

While the new law completely outlaws the use of electronic devices while a driver is driving a vehicle, there are a few exceptions that have been carved out by the legislature that allow for the use of some electronic devices. The statute provides for drivers to use Global Positioning Systems (GPS), CB and HAM radios, or a device that is “physically or electronically integrated into the vehicle.” In addition, the statute allows drivers to use an electronic device in hands free or voice-operated mode, and provides for the use of a head set. The fine for violation of the statute for a first offense is $75, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense.

In addition, the new statute is a primary law, which means that an officer can pull you over if he sees you using your electronic device while driving. A secondary law is one where an officer must pull you over for something else and notice the secondary offense in order to issue a citation.

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