Tag Archives: traffic stop

St. Charles traffic violation defense lawyer

Young drivers--or those who have never been stopped by the police--can be overwhelmed the first time they go through a traffic stop. A lucky few may go their whole lives without being stopped, but when a traffic violation occurs, there is a risk of being pulled over. When an officer pulls you over in traffic stop, he or she is expected to clearly instruct you on how to proceed. The officer will ask for your driver’s license, registration, and proof of insurance. Depending on the reason for the stop, an officer may also ask you to exit the vehicle for a field sobriety test or for a search of the car. In Illinois, a police officer is within his or her rights to ask for your name and for an explanation as to why a violation was committed. However, while you are required to show your license and registration, you do not have to answer any questions or consent to your vehicle to be searched without a good reason.

What a Driver Should Do

If you see blue and red flashing lights in your rear-view mirror, pull over immediately, turn on your hazard lights, and put the car in park. Once stopped, the police officer will approach your car, identify him or herself, and ask to see the required identification. The officer can also ask certain questions, such as “Do you know how fast you were going?” However, you are protected by the Fifth Amendment and do not have to answer that query. The Fifth Amendment states that everyone has the right to not incriminate themselves by admitting to a crime, including a traffic violation.

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St. Charles hit and run defense lawyer

After being involved in a car accident, a driver may feel anxious and panic. Upon realizing he or she is not hurt and the vehicle is still drivable, the motorist might attempt to flee the scene to avoid trouble. However, fleeing or eluding can bring on its own punishment if the person is eventually stopped by the police. Even if an accident has not occurred, if a driver fails to stop when a police officer is attempting to pull him or her over, the driver can face significant penalties in Illinois.

What is Fleeing and Eluding?

According to Illinois law, a person is fleeing--or eluding--if he or she fails to stop after being given a visual and/or verbal signal from a police officer attempting a traffic stop. In cases of vehicle collisions, a person must stay on the scene until the authorities arrive to investigate the accident. If a driver leaves, he or she will face a Class A misdemeanor charge.

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summer DUI checkpoints, traffic stop, reasonable suspicion, Naperville DUI defense attorney, drunk driversNationwide, 75 percent of states permit DUI checkpoints. Therefore, it is important to understand your rights and how to evade checkpoints if necessary. In addition, you have the right to record your interactions at these checkpoints should you encounter one this summer.

How to Search for a DUI Checkpoint Near You

If you go online and search for your local DUI checkpoint website, or in some cases a checkpoint app, you will find information stating where and when a DUI checkpoint will be operational. It is common for a DUI checkpoint to be set up on one road at a particular time, and then to have it subsequently move miles away the next night—checkpoints are rarely set up in the same place, at the same time, multiple nights in a row.

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traffic stop, Illinois criminal defense attorney, police checkpoint, Getting stopped by the police may make some people nervous, even when they haven’t done anything wrong. In some cases, a police stop can be a quick encounter that takes minutes out of the day; in other cases, the stop could result in arrest. Whatever the reason for the stop, it is important to always know your rights as you encounter police officers.

Being Stopped by an Officer

There are two common situations in which the police can routinely stop you in an everyday situation: in a traffic stop and as you walk on the street. Police are allowed to stop you in both situations if they act in a reasonable manner, and can state a reason why they stopped you. In a traffic stop situation, the police can stop you if they see you commit a traffic violation, and will routinely ask you for your license and registration information. If the police stop you while you are walking in the street, they may ask you to identify yourself, and, in most cases, this is through asking for your I.D.

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