Archive for the ‘Traffic attorney’ Category
January 23rd, 2017 at 11:01 am
Admittedly, no one enjoys getting a traffic or speeding ticket in Illinois. Getting a ticket can be inconvenient, costly, and time-consuming. Many people find the whole process of being issued a ticket, and then having to deal with the aftermath of the ticket, to be immensely frustrating. Indeed, that is why so many people simply go to the courthouse or go online to pay the fine associated with their traffic citation. Still, what a lot of people do not realize is that by simply paying the fine associated with your traffic citation, you are effectively pleading guilty or no contest to the alleged traffic offense.
By pleading not guilty or no contest the alleged traffic offense, there are many additional consequences that go along with the payment of your traffic citation fine. For instance, it could also result in:
- Points being added to your driving record;
- The loss of your driver’s license;
- Increased automobile insurance premium; and
- Attendance at a mandatory driver’s education program.
Needless to say, the consequences associated with pleading guilty or no contest to a traffic violation are many and serious. That is why it is so critically important that you fight your traffic ticket if you do not believe that you have broken the law. By working with an experienced traffic citation defense lawyer, you can fight against the charges pending against you and get your traffic offense dropped, dismissed, or reduced. You need to protect your rights and you should receive fair treatment under the law if you have been issued a traffic ticket. An experienced traffic offenses attorney can help you fight your traffic citation.
What Does it Mean to Fight a Traffic Ticket?
In Illinois it is not very difficult to indicate to the traffic court that you would like to fight your traffic ticket, although the rules regarding traffic court do vary from county to county. As a general rule, the way that you would initiate your fight is by pleading not guilty to the alleged traffic offense. You will need to make sure that you plead to the appropriate traffic court, i.e., the court that is designated on your traffic citation, and in the appropriate manner. Once you have pled not guilty, you will be scheduled to appear in traffic court where you will present to the judge your case as to why you are not guilty.
Let Us Help You with Your Case
It is to your benefit to retain the services of an experienced traffic violations defense lawyer when fighting your traffic citation. A traffic violations lawyer will know the specifics of the traffic court, can help you build your case, and can represent you in court. If you believe that you were issued a traffic ticket in error, then you should consult with an experienced Rolling Meadows traffic violations lawyer about fighting your ticket.
December 21st, 2016 at 7:00 am
Many people have been guilty of speeding at some point in time when they are behind the wheel of a vehicle. Sometimes it happens on accident, while other times a driver purposefully means to exceed the posted speed limit. However, if you are caught speeding by Illinois law enforcement, a ticket for violating the state’s speeding laws will be issued to you.
Receiving a traffic ticket can adversely affect you if you admit your guilt to your traffic offense. For instance, if you go to the courthouse and immediately pay your ticket without fighting it in traffic court, you effectively have made an admission that you are guilty of the speeding charge.
Admitting guilt for a traffic violation can result in the addition of points to your driver’s license. If you accumulate too many points, then serious consequences can result. Too many points can mean that your license will be suspended, which will make traveling more difficult for you without the ability to drive. Ultimately, much is at stake when you are issued a traffic ticket for speeding. Hence, it is important that you fight your speeding ticket. With the help of an experienced Illinois traffic offenses defense attorney it might be possible to get your charges reduced or dismissed altogether.
However, sometimes the evidence of your speeding is irrefutable and the only action to take is to admit your guilt, while still presenting a valid and legitimate defense as to why you were speeding in the first place. It is important to know that there is a difference between a good defense to speeding charges and a bad excuse for speeding. A skilled and knowledgeable attorney can help you with your defense.
What Are Some of the Good Defenses to Charges of Speeding
There are legitimate and valid defenses that you could use to defend against a speeding charge. For instance, it might be possible that you did not know the speed limit for the area where you received your speeding ticket because you did not see the posted speed limit sign. If you can show that the speed limit sign was not posted properly or was missing (perhaps because the sign was hit by a car or due to an act of vandalism), it could be a valid defense to your speeding.
Have You Been Ticketed for Speeding? Call Us Today for Professional Help
No one wants to receive a speeding ticket. Moreover, there can be serious consequences if you admit to speeding charges. Therefore, if you have been issued a speeding ticket, then you need to get in touch with an experienced traffic offenses defense lawyer. Please do not hesitate to contact a skilled Rolling Meadows traffic offenses attorney at our office. We are eager to help you throughout each step of your case.
October 13th, 2016 at 7:00 am
Foreign nationals who wish to come to the United States, either for work, school, or another purpose, gain entry through a visa. A number of different types of visas are awarded based on the reason for the foreign national’s stay in the United States. However, there are also many restrictions on visas. If these restrictions are violated, one’s visa can be revoked by the U.S. government. For instance, a visa can be revoked if the visa holder is convicted of committing a crime in the United States.
Barred From Re-entry Into the U.S.
Being convicted of a criminal offense in the United States is often a violation of the terms of your visa. Therefore, if you leave the country and try and return to the United States, you will most likely be barred from re-entry into the United States by immigration officers at the airport, or via your port of entry. Moreover, you could be denied entry into the United States for years.
Even Too Many Traffic Offenses Can Result in Visa Revocation
Traffic violations are common minor offenses. However, each time you pay a traffic ticket without fighting it, you are effectively admitting your guilt to the alleged traffic violation. This is the same as if you were convicted for your traffic violation. Convictions for traffic violations result in points being added to your driver’s license. When you accumulate too many points on your driver’s license, your driving privileges are suspended and you are no longer permitted to operate a motor vehicle. Operating a motor vehicle while on a suspended driver’s license is a serious criminal offense and can result in the revocation of your visa.
Foreign nationals who obtain a visa for entry into the United States generally do so with a purpose, such as for the purpose of attending school or to get a U.S. job. Hence, it is critically important for these individuals to maintain their visa status. Anyone who is a visa holder and has been charged with a traffic violation needs to consult with an experienced criminal defense attorney as soon as possible. Fighting your traffic citation is the best chance that you will have to get the charges against you reduced or even dropped completely so that you can remain in the United States on your visa.
Receive a Traffic Ticket While on a Visa? Get a Lawyer
If you have received a traffic citation, it is essential to consider if it is in your best interests to fight the ticket. Please contact a skilled Rolling Meadows criminal defense attorney at our firm and let us assist you throughout each step of your case. Call 847-394-3200 today.
September 22nd, 2016 at 3:35 pm
Many people have received a traffic citation for a mistake made behind the wheel. You might have been driving too fast, may have failed to use your turn signals, or may have placed your vehicle somewhere it should not have been. Furthermore, many people who end up with a traffic citation are unsure what to do about it. In this situation, contacting an experienced traffic offense lawyer could help.
Basics of A Traffic Citation
At its core, a traffic citation is a charge for violating a state or municipal traffic law. The citation is a piece of paper, or ticket, that includes your information, the information about your vehicle, and your alleged offense. The ticket provides you with the statute of the law that you allegedly violated along with the fine you are required to pay, and provides instructions on how to pay the ticket, or details about when you are required to appear in court.
For the most part, most traffic law violations are merely infractions of the law, which is punishable only by a fine. Infractions are mostly minor offenses. More serious traffic violations can rise to the criminal level, such as driving while under the influence of drugs and/or alcohol. These more serious traffic violations can carry steep fines and even jail time.
Traffic violations are broken down by the type of offense you have committed, and the seriousness of your offense. For instance, traffic violations are classified as either moving violations, or non-moving violations, which refers to whether your alleged offense involved a moving vehicle. For instance, speeding, driving without a fastened seatbelt, DUI, and failing to obey stop signs are all considered moving violations because each of these offenses involves a moving vehicle. Non-moving violations include things like driving an unregistered vehicle, not having your license plates attached to your vehicle, and parking offenses.
Next Steps After Receiving a Traffic Citation
When you receive a traffic ticket, you usually have a few options on how to proceed. For the most trivial of traffic violations, most people simply choose to pay the fine and be done with the ticket. Paying the ticket, however, means admitting guilt for your violation of the law. If you are generally a good driver who rarely receives tickets, then simply paying your fine might be how you choose to resolve your traffic ticket.
However, if you believe that the issuance of a ticket to you was a mistake or is wrong, you can dispute your ticket and fight it. To dispute your traffic citation, you must personally appear in court during your scheduled court appearance timeslot, and enter a not guilty plea. Next, you will be scheduled a trial date, where you can fight your traffic citation.
If you plan on fighting your traffic citation, you need to speak with an experienced Rolling Meadows traffic offenses lawyer soon after getting your ticket. You will have a scheduled court appearance time, and your lawyer may need to work quickly.
May 18th, 2016 at 12:35 pm
In honor of National Work Zone Safety Week, law enforcement across Illinois put forth effort to raise awareness about exercising care when driving through active and inactive work and construction zones. National Work Zone Safety Week was the week of April 11th 2016, according to the U.S. Department of Transportation Federal Highway Administration.
Highway construction is a problem that is acutely experienced by drivers in Illinois, especially around big cities. However, road construction is a necessary part of maintaining our highways and byways. As such, it is important that drivers exercise care when driving through a work zones. Law enforcement takes traffic violations in work zones very seriously.
Work Zone Safety Stats
According to the Illinois Department of Transportation, there were more than 4,300 accidents that occurred in construction zones in 2015. Of these accidents, 1,000 resulted in injuries to construction workers, drivers and passengers. There were also 46 fatalities resulting from work zone traffic accidents. More often than not, it is motorists who are passing through a work zone who are involved in traffic accidents. Inattentiveness, driving at too high of a rate of speed, and following too closely are some of the leading causes of work zone traffic accidents.
Work Zone Speeding Tickets
Speed limits are strictly enforced in work zones, and you can get a speeding ticket even if no workers are present when you are caught speeding. 625 ILCS 5/11-05.1 is the Illinois statute for speeding tickets issued for offenses committed while driving through a work zone. It does not matter whether the workers are present in the work site or not, and work zones are one of the few locations where law enforcement is permitted to use radar and lidar detection means to determine a driver’s speed as evidence that the driver was speeding in the work zone.
Work zones are clearly identified as they are required to have posted signage indicating where a work zone begins and terminates, as well as the posted maximum and minimum speed limit. Fines for a first offense can range from $250 to $750. A second-time offense within a period of two years can cost a driver his or her license. Court appearances are mandatory, and dealing with the courts for a traffic ticket can be difficult as there are very specific rules that must be followed. You should consider working with an experienced traffic offenses lawyer to fight your ticket.
Let Us Help With Your Ticket
Traffic tickets can happen to anyone, even the best drivers. When a traffic offense occurs in certain locations, such as in a school or work zone, the associated fines and penalties can be more severe. If you have been cited for a traffic violation, you should contact an experienced traffic offenses lawyer immediately. Please contact a Rolling Meadows traffic offense attorney at our firm for assistance. We will help you throughout each step of your case.
April 18th, 2016 at 9:11 am
Traditionally when a driver is stopped in Illinois for a traffic offense, the police officer approaches the driver’s vehicle, asks for the driver’s license and registration, and then asks a handful of other questions. If the officer is going to issue a ticket, the officer must complete the citation form by hand. Filling out the ticket form by hand can present a lot of problems, such as transcribing down information about the driver, vehicle, or offense incorrectly on the form, or the officer’s handwriting could be illegible.
Such problems with handwritten tickets are typically a boon to Illinois drivers. While minor mistakes on a traffic citation generally will not cause your ticket to be thrown out in court (such as an incorrectly cited make of vehicle or vehicle color), a material error (for example, a ticket issued to the wrong name), or a ticket that is completely illegible could get your charges dismissed.
However, police are starting to adopt new technology that will help make the information that is inputted on traffic citations more clear, easier to read, and easier to transmit electronically. In the southwest of Illinois, counties are beginning to adopt new technology for issuing traffic tickets. The new process is called e-ticketing, and has been adopted in both Madison County and Bond County, with much satisfaction for law enforcement officers, according to the St. Louis Post-Dispatch.
How Does the Electronic System Work?
The process allows for police officers to scan a driver’s license and store a copy of the license digitally along with the completed ticket in the officer’s car computer. The ticket is a blank digital form into which the officer can type the necessary information. Once the form is completed, the officer can print the form on a small printer located in his or her squad car, and can deliver the printed ticket to the offending driver.
The system allows for police officers to stay in the safety of their vehicles while writing up the ticket, and is considerably quicker than filling out a traditional hand-written ticket. This translates into shorter traffic stops.
Will This System be Adopted in the Northeast of the State?
There is no word yet on whether this technology will be brought to the Chicago and Rolling Meadows area any time soon. But like with all new technology, something that works well and is well liked in one population will soon be adopted by nearby neighbors.
Let Us Assist You Today
Getting a traffic ticket is unfortunate; however, it should be treated seriously. If you have received a speeding or traffic ticket, you should contact a Rolling Meadows traffic offenses lawyer immediately. Our attorneys can help you with your case.
April 1st, 2016 at 7:23 am
A significant number of people in Illinois drive while distracted—a action which can lead drivers to be issued a traffic citation. Often, a ticket for distracted driving accompanies some other traffic violation, such as following too closely or speeding and causing an accident.
Even if a distracted driver involved in an accident does not admit that he or she was texting while driving when the accident occurred, law enforcement will typically check a driver’s cellphone records around the time of the accident to determine if the driver was interacting with his or her phone at the time of the accident.
Many drivers underestimate how seriously Illinois law enforcement takes the issue of distracted driving. However, do not doubt for one second that police are not looking for signs of distracted driving on the road. Texting while driving is illegal under 625 ILCS 5/12-610.2. If you receive a citation for distracted driving, you should contact an experienced traffic violation lawyer immediately.
Examples of Law Enforcement’s Efforts to Catch Distracted Drivers
Police do not specifically sit via roadside and watch for drivers to pass by who are suspiciously looking down at their phone in their laps. Indeed, law enforcement is taking a more careful and inconspicuous approach.
Law enforcement has been known to work in teams, where one officer is stationed up the road from other officers, equipped with no police vehicle to give away his or her position. This officer will observe oncoming drivers for signs that the drivers are driving while distracted. If a suspect is identified, the officer will then radio ahead to his or her team, provide the description of the suspect’s vehicle, and report on what the officer believes the driver was doing while behind the wheel. One of the officers in the team will identify the suspect vehicle and make a stop.
Another approach used by Illinois law enforcement to identify distracted drivers is to staff a van with officers equipped with cameras, and to deploy this vehicle in traffic, according to a recent article published by SaukValley.com. The officers who are passengers in the van will track drivers that are around the van in traffic for any sign of distracted driving. When a suspected distracted driver is identified by the officers in the van, the officers contact another police unit up ahead on the road and relay the important identifying information concerning the suspect vehicle.
An officer in one of the other units makes the traffic stop of the suspected distracted driver.
Let Us Fight for Your Rights
Many drivers get tickets for driving while distracted. Maybe you were expecting an important call, or your kids or a pet was behaving badly in the back seat and distracted you. Whatever the case may be, you need a criminal defense lawyer to help you fight your traffic citation. Please do not hesitate to contact a skilled Rolling Meadows traffic offenses lawyer immediately. We are eager to assist you throughout each step of the case.
March 18th, 2016 at 7:03 am
There are more than 300 red-light cameras in Chicago, and in many cases tickets that have been issued from these cameras may be void because the issuance of the tickets violates due process laws. According to a recently issued news report by the Chicago Sun-Times, Circuit Court Judge Kathleen Kennedy issued a ruling, potentially worth millions of dollars, against the city of Chicago to reimburse fines and penalties collected on red-light and speed-cam tickets that were issued without due process.
How Was Due Process Violated?
Due process is your right as an individual to be respected by the state or other governmental entity when it comes to your legal rights. When you are charged with a crime, you are granted certain due process rights, meaning that law enforcement, judges, and prosecutors must treat you in accordance with the law before finding that you are liable for a crime.
When it came to tickets issued based on information captured by the red-light and speed-cams located all over the city, the city was found by the Circuit Court to have violated the due process rights of those motorists who stood accused of speeding or running red lights, by:
- Failing to provide a second notice of the alleged traffic violation to the accused motorist, which is a violation of the Municipal Code of Chicago Section 9-100-045(b)(2);
- Failing to provide the specific make of the vehicle that was issued the ticket, which is a violation of the Illinois Vehicle Code; and
- Indicating that late penalties on the issued tickets would begin to accrue within 21 days of the issuance of the ticket, which is a violation of the Municipal Code of Chicago Section 9-100-050(c) and provides that motorists have a 25-day grace period from the determination of liability in which to pay the ticket without incurring penalties.
Each of the above are violations of motorists’ due process rights, and in effect, the city was not following the law when it made liability determinations without giving accused motorists the chance to contest their charges. The city has collected millions upon millions of dollars on these types of tickets going back as far as 2003, and along the way, some Chicagoans have had their due process rights violated.
The judge held that tickets that were issued and paid by motorists when the motorist’s due process rights were violated are void, and that these motorists can bring collateral actions against the city to recoup their lost fines and penalties. Those motorists who may be affected need to contact an experienced traffic offenses lawyer, and should keep an eye out for a class action suit against the city.
Contact Our Office for Help
Many people are issued traffic tickets by automated detection systems in Chicago. However, even when a ticket is automated, you still have rights, such as the right to contest the charges that are against you. Please do not hesitate to contact a skilled Rolling Meadows traffic offenses attorney right away. Our legal professionals are ready to help you today.
March 16th, 2016 at 6:55 am
Most Illinois drivers have encountered a law enforcement imposed roadblock during their time. Law enforcement use roadblocks to conduct DUI checks, while also completing license checks and tags and registration checks on the drivers and their vehicles that pass through the roadblock. However, drivers may not understand their rights when it comes to roadblocks. In the event you encounter a roadblock, it is important to understand your rights.
Avoiding a Roadblock Before You Get to It
Many people can tell when they are approaching a roadblock. Traffic backs up, flashing lights are seen in the distance, and some vehicles may turn around to find an alternative route. As a driver, you may not be interested in waiting in order to proceed through the roadblock. You may be in a hurry to get home after work, may know a shortcut around the roadblock, or may simply lack the patience required to answer probing questions from law enforcement. Whatever your driving motivation is, you might decide to try and avoid the roadblock.
While the Third District Court of Illinois has held that it is legal for a driver to avoid a roadblock, be careful if you do. Sometimes law enforcement uses a roadblock for dual purposes: to check the drivers who voluntarily go through the checkpoint and to carefully watch those drivers who turn away for any reasonable suspicion to warrant pulling over the driver that turned away from a roadblock.
It is a logical line of thinking that a driver who is avoiding a roadblock is trying to hide something. Yet it is also a prejudiced line of thinking. Hence, that is why law enforcement must be able to articulate facts and reasoning for pulling over a driver who has avoided a roadblock; still, the reason for the stop must be for something other than avoiding the roadblock.
Turning away from the roadblock in and of itself may not be illegal, but police might carefully scrutinize drivers who turn away for any other reason to make a traffic stop. For instance, if the driver commits a traffic violation when avoiding the roadblock (i.e., makes an illegal turn or speeds away), if the passenger and the driver switch places, or if the driver who is avoiding the roadblock acts suspiciously, this could be enough to create a reasonable suspicion that the driver is up to no good. If law enforcement can articulate facts as to why the traffic stop was warranted after a driver avoided a road, then the stop was most likely legal and justified.
Can We Assist You?
When you are arrested either at a roadblock or because of other circumstances when you tried to avoid a roadblock, you have rights. An experienced criminal defense lawyer will work hard to fight for you. Please do not hesitated to contact a dedicated Rolling Meadows traffic offenses lawyer at our office. We are eager to help you today.
February 23rd, 2016 at 7:00 am
While you may think you have a pretty good handle on the rules of the road, do you know what your rights are when you are pulled over and given a traffic citation?
Not many people actually know what their rights are when they are pulled over. Therefore, it is important that you understand the rights you have when law enforcement pulls you over to issue you a citation for a traffic violation.
- You Can Wait to Stop at a Safe Location. Where you are being pulled over might not be a terribly safe place to stop. It might be dark, there might be no lighting, or there may be no shoulder for you to pull over into. You can continue to travel a reasonable distance before stopping at a safe place, but you should indicate to the officer who is pulling you over of your intention. This could be done by slowing down, turning on your blinker to indicate that you are pulling over, and then informing the officer of why you did not pull over sooner once you do finally stop and the officer approaches the vehicle.
- You Do Not Have to Answer Questions. You may decline to answer questions asked by the officer that pulled you over. Be polite, but know that you do not have to answer. Officers try to get more information out of you than they really need, and this can lead to additional tickets if you are not careful. This also applies to when the officer asks if you know why you are being pulled over. You have no obligation to incriminate yourself. Even if you were speeding, you do not have to say so.
- You Can Ask Questions. You have the right to ask why you have been pulled over. Most law enforcement officers will inform you of what their probable cause was for pulling you over as soon as they approach your vehicle. However, if they do not come right out and say why they pulled you over, you may ask.
- You Can Ask to Speak With Your Lawyer. If the situation goes beyond the standard ticket issuance, and the police want to search your car or something similar, you have the right to request that you speak to your lawyer. You may then answer questions that the officer has in light of your lawyer’s advice. You also do not have to consent to a search of your vehicle without a warrant.
- You Have the Right to Refuse a Breathalyzer Test. While there are consequences under the law for refusing a breathalyzer test, such as the automatic suspension of your driver’s license, you are well within your rights to refuse to submit to one at the officer’s request.
Contact Us for Professional Representation
Traffic tickets are a serious matter, and an experienced traffic violation lawyer can help you defend against your traffic citation. Please do not hesitate to contact a Rolling Meadows traffic offenses attorney immediately. Let our attorneys provide you with exceptional representation in your case.