Tag Archives: traffic violations

St. Charles traffic violations defense attorney

If a law enforcement officer suspects that a motorist is breaking the law, he or she will use lights and sirens to indicate that the driver must pull over for a traffic stop. If the police officer suspects the driver of driving under the influence (DUI) of drugs or alcohol, he or she may ask the driver to participate in a field sobriety test or take a breathalyzer test. If the officer suspects that weapons, illegal drugs, or other contraband are in the vehicle, he or she may conduct a search of the vehicle. There are certain things that a driver should never do during a traffic stop as well as steps that drivers should always take. It is important to remember that you have certain rights during traffic stops, and doing the following may help you avoid criminal charges:

Pull Over Immediately

Being pulled over by a police officer is often the last thing you want to deal with. However, traffic stops are not optional. The Illinois Vehicle Code states that if a driver receives a “visual or audible signal” by a police officer to stop his or her vehicle and fails to do so, he or she may be charged with fleeing or attempting to elude a police officer. This offense is a Class A misdemeanor, punishable by up to one year in jail.

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St. Charles Scott's Law violation defense lawyer

So far this year, 16 Illinois State Police (ISP) troopers have been struck by moving vehicles while performing their duties. Three of them were killed, according to a report from FOX News. This is a result of motorists failing to move over for emergency vehicles. Illinois observes “Scott’s Law,” which was created after Trooper Scott Gillam was killed by a motorist who did not allow enough room while passing the illuminated police cruiser on the side of the highway. Violating this law is a traffic offense that is being taken more seriously now. Illinois State Police announced earlier this year that they would be utilizing hidden police vehicles to better apprehend Scott’s Law offenders and make the roads safer for emergency vehicles.

Who Does Scott’s Law Protect?

Originally, the law protected only police vehicles with their flashing lights illuminated, but in 2017 the law was updated to include all of the following vehicles:

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traffic violations, license reinstated, license suspension, Naperville DUI defense lawyers, drug education courseThere are two ways an Illinois driver can “lose” his or her driver’s license: suspension and revocation. When a driver’s license is suspended, the driver is prohibited from driving for a specific period of time, during which he or she may be required to fulfill requirements like a driver education course or an alcohol education course. When a driver’s license is revoked, he or she is indefinitely barred from driving. In both of these scenarios, the driver can have his or her license reinstated. How and when the license is reinstated depends on whether it was suspended or revoked and in some cases, the circumstances surrounding the revocation.

If your License is Suspended, You Must Wait Until it is Finished

When a driver’s license is suspended, it is suspended for a specific period of time. This could be a few months, one year, or even a few years.

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Naperville driver’s license reinstatement lawyer, driver's license reinstatement, traffic violations, DUI, suspended driver's licenseThere are several different reasons why an individual’s driver’s license can be suspended or revoked in Illinois. Reasons include DUI charges, punishment for certain civil offenses like failing to appear in court when required and accruing a substantial amount of unpaid child support, and exceeding the state’s limit for traffic violations during a one-year period. When a driver’s license is suspended or revoked, the individual cannot legally operate any motor vehicle.

Once the suspension period is over, the individual can have his or her driver’s license reinstated. In some cases, an individual whose license was revoked can also have it reinstated and drive again.

At minimum, a year must pass from an individual’s revocation for him or her to seek a driver’s license reinstatement. For an individual with multiple DUI convictions, this period is longer.

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traffic violations, Naperville criminal defense lawyer, driver’s license suspension, traffic violation penalties, traffic violation convictionsEvery offense has its potential penalties. Serious crimes like homicide and aggravated assault have steep penalties that include long prison terms. But even smaller offenses like noise violations and traffic violations have consequences for the individuals who commit them. In fact, many individuals do not realize the gravity of the penalties they can face for traffic violations, especially ones that put others’ lives in danger.

If you are charged with a traffic violation, you have the right to contest it. With certain violations, the cost of fighting the charge can outweigh the cost of simply paying the ticket. With others, fighting the charge can mean keeping one’s driver’s license and even avoiding jail time. Whether you choose to fight a traffic violation is your decision. To fight it is your right.

Fines

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