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Category Archives: Traffic Law

Wheaton traffic violations defense attorneyHearing sirens and seeing flashing blue and red lights behind you is never a good feeling, especially if you are unsure why you are being pulled over. Some people panic when this happens, while others become extremely anxious and nervous. No matter the reason you are being pulled over, your behavior and actions during the traffic stop can influence the outcome of the stop. There are certain things that you should and should not do when you are pulled over by police. Here are a few tips to follow if you are pulled over by a police officer in Illinois:

  • As soon as you notice police are trying to pull you over, immediately slow down and look for a safe place to stop. If there are no immediate places to safely pull over, put your hazard lights on while you look.

  • Once you have safely pulled over, roll your windows down and keep your hands in plain view, such as in your lap or on the steering wheel. Do not reach for anything unless the officer has asked you to do so.

  • Do not get out of your vehicle unless the officer has asked you to. If you try to exit your vehicle without permission, the officer may perceive that as a threat.

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Wheaton traffic violations attorneyThere are plenty of ways you can get a traffic ticket in Illinois — running a red light, not fully stopping at a stop sign, forgetting to use your blinker while you are turning — the list goes on and on. Traffic tickets can range anywhere from a correctable violation, such as a broken tail light, to felony criminal charges, such as aggravated speeding or reckless driving. For many people, getting a ticket means paying the fine and dealing with the consequences, but in some cases, it can be beneficial to fight the traffic ticket rather than accept it. Some traffic tickets can be charged as criminal offenses and can carry jail time, which is much more serious than just paying a fine. If you have gotten a traffic ticket, it is important that you understand how to minimize the consequences you may face.

Should You Fight the Ticket? Factors to Consider

In some cases, you may want to fight a traffic ticket. In other cases, it is probably best to just pay the fine and move on. Figuring out which route to take can be tricky, especially because each traffic offense carries different consequences. Before you do anything, you must determine if the trouble of fighting the traffic ticket is worth the outcome. Ask yourself the following questions:

  • Do you have sufficient evidence to support your claim in court?

  • Do you have the time needed to attend court hearings?

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Naperville, IL criminal defense lawyerFor some Americans, driving is one of the small pleasures in life. Going for a drive gives you a sense of freedom and independence that is unique and unparalleled when compared with other activities. However, for many, driving is more than just a fun activity. It can be a necessity, and being unable to drive can directly affect one's livelihood. Most people would think that a moving violation, or an infraction committed while driving, is the only way to lose your driving privileges. While this is one potential reason why a driver's license may be suspended or revoked, there are many other ways you can lose your legal ability to drive. In fact, some of these circumstances are not directly related to driving, or they may not have anything to do with driving at all. These cases include:

Driving While Under the Influence

One of the most obvious ways you can lose your driving privileges is by driving while you are under the influence of drugs and/or alcohol (DUI). Under Illinois’ statutory summary suspension law, you will automatically have your driver's license suspended if your blood alcohol content (BAC) is more than 0.08 when you were arrested or if you refuse to take a chemical test of your BAC. This suspension will take place even if you are not convicted of DUI charges. If you are convicted, you will face additional penalties alongside the statutory summary suspension. 

Failing to Pay Child Support

The state of Illinois believes that every parent has a duty to financially provide for their children. Because of this, child support orders are taken extremely seriously. If you do not pay your legally mandated child support, or if you fall behind on your payments, you could lose your driving privileges. After three months have passed since your last payment, the process to suspend your driver’s license will commence.

Failing to Pay Fines or Parking Tickets or Appear in Court

If you have more than 10 unpaid parking tickets, your municipality may request to have your driver’s license suspended. Likewise, you can also have your driving privileges suspended if you have failed to pay five or more automated traffic violation fines or fees. If your presence is requested in court, and you fail to appear during your hearing, the court may take away your driving privileges. The Circuit Clerk’s office can request to have your driving privileges suspended.

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DuPage County traffic violations attorneyThere is more than one way to lose your driving privileges in Illinois; in fact, there are dozens of ways you could have your driver's license taken away for either a specific or indefinite period of time. Even actions unrelated to driving, such as not paying child support or failing to obey a court summons, can affect your ability to drive freely. Perhaps one of the most common ways for Illinoisians to lose their driving privileges is to accumulate too many points on their driving record because of traffic violations.

The Illinois Points System

Most states have a driver’s license points system that applies to everyone who holds a driver’s license, and Illinois is no exception. In Illinois, each time you are convicted of a moving violation, a certain number of points is added to your driving record. The number of points added depends on the specific violation you were convicted of. Typically, more serious violations will result in a higher number of points added to your record, while lesser violations are not worth as many points. Common moving violations and their corresponding points are as follows:

  • Speeding: 5-50 points, depending on how fast you were going over the limit

  • Passing a school bus illegally: 25 points

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Wheaton IL traffic violation lawyerWith the rise of technology, almost everyone has a computer in their pocket these days -- their cell phones. While these handy devices can make life easier for us, they have also proven to make life more dangerous. In an effort to prevent drivers from using their electronic devices while driving, a new Illinois law that will take effect in July will increase the consequences that drivers will face when caught using an electronic device while driving. This new law will make a first-time offense of using an electronic device while driving a moving violation, rather than just a warning.

New Law Changes Penalties for First-Time Offenders

Before the new law was enacted, the Illinois Vehicle Code stated that drivers needed to be caught using an electronic device while driving at least twice before any disciplinary action would be taken against them. Under the new law, drivers only need to be caught using an electronic device once before they are issued a ticket for a moving violation. Beginning in July of this year, first-time offenders who use an electronic device while driving will see the infraction on their driving record. If drivers commit the offense more than three times in a 12-month period, they will face a driver’s license suspension. In addition to the violations, they will also face fines as follows:

  • First offense: $75
  • Second offense: $100
  • Third offense: $125
  • Fourth or subsequent offense: $150

Scope of the Problem

Though various governments and state police officers across the nation have been cracking down on distracted driving, it still remains an issue. According to the National Highway Traffic Safety Administration (NHTSA), 3,450 people were killed as a result of distracted driving in 2016, and nearly 400,000 people were injured by distracted driving accidents in 2015. The handheld use of electronic devices has decreased, but the NHTSA states that using an electronic device in any way while driving increases your risk of crashing by 3.6 times.

Contact a DuPage County Traffic Violations Attorney

Though a first-time offense of driving while using an electronic device is now a moving violation, it can easily become a misdemeanor or felony if you cause someone else great bodily harm or death because of a crash. At the Davi Law Group, LLC, we understand the gravity of distracted driving violations. Our skilled Wheaton, IL traffic violations lawyers can help you form a solid defense against any traffic charges you may face. Call our office today at 630-580-6373 to schedule a free consultation.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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Davi Law Group, LLC handles criminal law matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville.

 

 

 

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