Tag Archives: traffic violation

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 traffic violation defense attorney

When motorists are stopped by the police for speeding or other traffic violations, they may feel very anxious. Most drivers hope to receive just a “warning” to avoid the dreaded high-priced ticket police officers deal out to many reckless drivers. Despite the immediate relief of a warning, there can be serious consequences for frequent warnings or traffic tickets that extend past a one-time fee. Illinois drivers should be aware of the state's driver’s license point system and how it might affect their driving records.

What Does a “Point System” Mean?

Like many other states, Illinois has a point system that exists for traffic violations. These points act as a record of the number and severity of violations held by each driver. A person’s driver’s license acts as a record card for police officers to view their driving history. Every infraction results in added points to a person's grand total. According to Illinois law, three or more offenses within a 12-month period will result in the suspension or revocation of a person's driver's license, and offenses with a higher number of points may result in more severe penalties.

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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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illinois traffic lawyerMost of us have been there – you are on your way somewhere, running late of course, and you see those flashing blue and red lights in your rear view mirror. There’s nothing quite like that feeling of guilty dread. As a licensed driver in Illinois, it is important to be familiar with all of the traffic violations and penalties that exist, so as to avoid hearing those words, “License and registration, please.” Illinois uses a point system to assess driving records. Under this system, you will receive a certain number of points on your driving record (depending on the offense) if you have been convicted of a traffic violation. These point values can range from five to fifty. Here are just few examples of Illinois traffic violations and their point values:

  • Reckless driving - 55 points
  • Driving too fast for conditions - 10 points
  • Driving over the speed limit

    • 1-10 mph over - 5 points
    • 11-14 mph over - 15 points
    • 15-25 mph over - 20 points
    • >25 mph over - 50 points
    • Driving below the minimum speed limit- 5 points

In some cases, drivers can enroll in a traffic safety school in order to reduce their points or to keep violations off of their records. However, if you have been convicted of three traffic violations within a 12-month period, your license will be revoked or suspended. The length of your revocation or suspension depends on how many points you have on your driving record. It is also possible to be subject to a license suspension if you accumulate a certain number of points. If you have accumulated 15+ points as a first-time offender, your license could be suspended from two-12 months. If you have accumulated 15+ points as a repeat offender, the suspension can last from four-12 months. It is important to be aware of the rules and consequences that await you when you get out onto the road. If you have been charged with a traffic violation, be sure to contact an experienced Illinois criminal attorney to represent you and defend your case.

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An article in The Chicago Sun Times dated Sunday July 29, 2012 states that Chicago police have detained a suspect in connection with a hit-and-run that occurred on Wednesday July 25, 2012. A man turned himself into police in connection with a hit-and-run collision that left a 52-year-old woman critically wounded, Chicago Police said Saturday.

A man, William Davis, 27, of the 4600 block of West Adams turned himself into police Saturday. Davis was arrested and charged with a Class 4 felony for leaving the scene of an accident and a Class 2 felony for failing to report an accident with a serious injury, police said in a statement. In addition to the hit-and-run charges, Davis was cited for a suspended license as well as failure to take due care for pedestrians on the roadway.
John Mirabelli, a spokesman for the Chicago police stated that around 9 p.m. on Wednesday the woman, who’s identity was not given was heading west across the intersection of Lake and Pulaski. William Davis was at that time making a right hand turn in his vehicle from Lake to Pulaski. At that time Davis is accused of striking the woman with his car as she crossed the intersection. Then according to Mirabelli, William Davis did not stop and continued south on Pulaski.
The 52 year old woman is currently hospitalized at Mount Sinai Hospital, where she was taken following the accident. She was listed in critical condition suffering from serious injuries to both of her legs as well as her head.
Hit-and-run is a serious situation that often leads to serious consequences. Vehicles can be dangerous at even the slowest rates of speed. Leaving the scene of an accident carries penalty and hefty fines and a well trained St. Charles criminal defense attorney is paramount in aiding any person detained or arrested under these charges. Please seek the help of one of our dedicated defense lawyers if you or someone you know finds themselves accused of this or any serious crime.

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