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Category Archives: Traffic Law

DuPage County traffic violations defense attorney fleeing the scene of an accident

Being involved in a car accident can rattle you to the core, causing you to behave in ways that you normally would not. With adrenaline pumping through your veins, your body tells you that you have two options: stay and deal with the situation or run. If you are confused and scared by the situation, you might panic and leave the crash site. Fleeing the scene of a car accident is never a good idea and, in fact, is illegal in Illinois. If you have been accused of leaving the scene of an auto accident, you can face serious criminal penalties.

What to Do After an Accident

In the state of Illinois, traffic laws govern what motorists must do after being involved in a vehicle collision. Even though the consequences for fleeing the scene depend on the type of accident, there are specific actions that Illinois law requires all drivers to do, including:

  • Stop immediately and move your vehicle to the side of the road, if possible.

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DuPage County traffic violations defense attorney

Not all traffic tickets are created equally. While some traffic violations may only result in a monetary fine, others can result in much more severe consequences and even criminal penalties. All traffic offenses are serious, but some traffic violations can become even more consequential depending on the location. According to the Illinois Road and Transportation Builders Association (IRTBA), in 2017, there were a total of 5,423 work zone motor vehicle crashes, resulting in 1,435 injuries and 30 fatalities, many of which were caused by speeding drivers. In Illinois, construction zones are one of those locations in which you could face criminal penalties for actions that would be considered minor violations in other places.

Work Zone Considerations

Some people believe that they do not have to worry about speeding tickets if the work zone is not currently active, but this is incorrect. Even if there are no workers present in the construction zone, you are still required by law to follow the posted speed limit, or you risk the penalties for speeding in a work zone.

Another fact you should consider is that you do not have to be going “aggravated” speeds over the speed limit to feel the effects of a construction zone speeding ticket. If you are caught speeding in a construction zone, you face a minimum of $375 fine for a first offense and a minimum $1,000 fine for a second offense.

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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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