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Archive for the ‘driving record’ tag

What Is Aggravated Speeding in Rolling Meadows?

January 8th, 2019 at 9:54 pm

IL defense lawyerFor most drivers in Rolling Meadows, a speeding ticket is little more than an annoyance. These tickets often do not result in anything more than a fine. There are instances when a speeding ticket can result in much more. This is when the driver is charged with aggravated speeding. An aggravated speeding charge is very serious. Anyone charged with this crime should speak to a criminal defense lawyer in Rolling Meadows right away.

What Is Aggravated Speeding?

According to Illinois statute 625 ILCS 5/11-601.5, aggravated speeding consists of driving 26 miles per hour, or more, over the posted speed limit. At one time, traveling at these speeds was considered the same as a minor speeding ticket. However, due to the fact that driving at such speeds poses an increased threat to public safety, lawmakers in the state increased the penalties for aggravated speeding in 2011.

Aggravated speeding is still considered to be a misdemeanor offense. When a driver is traveling between 26 and 34 miles per hour over the posted speed limit, they can be charged with a Class B misdemeanor. The charge becomes more serious when a driver is traveling over 35 miles per hour the posted speed limit. In these cases, drivers can be charged with a Class A misdemeanor.

Penalties for Aggravated Speeding

When a driver is charged with aggravated speeding, the penalties are much more severe than simply being charged with lesser speeding offenses. In most cases, the driver will have their driver’s license suspended temporarily. In the worst case scenarios, a driver can actually have their license revoked, which means they are permanently prohibited from driving in the state.

Fines and jail time are also real possibilities when a person has been charged with aggravated speeding. Fines can be up to $2,500, in addition to court costs, and a person may be sentenced to spend up to one year in jail.

Court Supervision for Aggravated Speeding Charges

Court supervision is a more desirable penalty for aggravated speeding. Whether or not court supervision is sentenced will be left to the judge’s discretion.

Court supervision requires a person charged with a crime to comply with certain conditions that the judge will specify. These can include community service, attending traffic school, reporting to the court or other person designated by the court, or more. Illinois statute 730 ILCS 5/5-6-3.1 outlines the full definition and requirements of court supervision within the state.

Court supervision will typically last up to two years. When determining whether or not court supervision is an option, a judge will likely determine whether or not someone is likely to re-offend, if the accused is a threat to the public, and will deem whether or not court supervision is a preferred penalty over other possibilities.

Court supervision can be considered a deferred dismissal of the charge. Upon adequate completion, all of the charges will be dismissed and it will not result in a conviction.

Get the Help You Need from a Rolling Meadows Criminal Defense Lawyer

Aggravated speeding is considered to be a very serious crime in Rolling Meadows. If convicted, one could face serious penalties such as spending up to one year in jail. While a judge may offer court supervision as a penalty, it is not a guarantee.

If you have been charged with aggravated speeding, contact a dedicated Rolling Meadows criminal defense lawyer as soon as possible at 847-394-3200 for a free consultation. An attorney will fight for your rights in court and is your best chance at having the charges dismissed, or being sentenced to court supervision. Aggravated speeding is a serious charge and one you certainly do not want to fight on your own.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/062500050K11-601.5.htm

http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-6-3.1

How Illinois’ DMV Point System Works

December 21st, 2017 at 8:19 am

DMV point system, driving record, penalty points, Rolling Meadows traffic violations lawyer, traffic violationsUnder Illinois’ DMV point system, Illinois drivers are assigned penalty points for a wide array of traffic violations. The more serious the violation the more points that the DMV will add to the driver’s record. For example, a driver who fails to obey a traffic sign will generally have 20 points added to his or her driver’s license while, on the other hand, a driver who is caught driving recklessly will often be assigned 55 points.

If you have recently accumulated a few minor traffic citations, or if you have broken a serious rule of the road, then it is important to be aware of how many points you currently have and the impact that these points can have on your ability to retain your driving privileges in Illinois.

The Impact of Points on Your Driving Record

Under Illinois’ DMV point system, a driver who receives three or more traffic citations within a 12-month period will generally have accumulated enough points on his or her record to be penalized with an administrative revocation or suspension of his or her driver’s license.

Furthermore, if your license is suspended due to having added too many points to your record during a 12-month period, then the length of the suspension is determined in part by how many points you currently have on your record and in part by whether or not the DMV has revoked or suspended your driver’s license within the past seven years.

Is it Possible to Reduce the Number of Points that I Have?

In other states a qualifying driver can reduce the number of points that have accumulated on his or her license by completing a driving safety course. Unfortunately, however, this option is not currently available to drivers in Illinois.

The only way to have points removed from your Illinois driver’s license is to wait the prescribed time period. Still, under some circumstances, Illinois drivers may be able to avoid adding points to their records in the first place by enrolling in a defensive driving course. This is because some courts in Illinois will allow a driver to take such a course in order to prevent additional points from being added to their record. Also, a local traffic violations lawyer may be able to help limit the number of points that will be added to your record by negotiating a reduced offense on your behalf.

Need Legal Advice? Contact Rolling Meadows Traffic Violations Lawyer Chris Cosley

If you have received a traffic ticket in Illinois and would like to learn more about how such a citation may impact the number of points on your record, contact dedicated Rolling Meadows traffic violations lawyer Chris Cosley today to schedule a free initial consultation. At The Law Offices of Christopher M. Cosley we are often able to successfully negotiate reduced offenses for our traffic violations clients. Call 847-394-3200 today.

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_dc19.pdf

Traffic Citations and Your Driving Record in Illinois

May 24th, 2017 at 7:13 am

traffic citations, Rolling MeadowsStandard moving violations will usually stay on your driving record for up to five years from the time you are convicted, according to the Illinois Secretary of state. Standard moving violations include:

  • Speeding;
  • Disobeying a stop sign;
  • Disobeying a traffic light; and
  • Improper lane usage.

However, traffic violations whose penalties result in a suspension or revocation can stay on your driving record for at least seven years. That timeline will not start until the date you get your license reinstated.  The caveat to that general rule are traffic violations that include alcohol or drugs, like a DUI for example. Those kinds of convictions may stay on your Illinois driving record for the rest of your life.

Is There Any Way I Can Keep a Traffic Ticket Off My Driving Record?

That is a question for your Cook County traffic violation attorney. Generally, the only way to accomplish that is to receive court supervision as a punishment for your traffic violation or getting the charge dropped or dismissed.

Traffic violation convictions not only cause your insurance rates to increase but they also count as points towards getting your license suspended. When faced with a traffic violation, it is important that you speak with an experienced and knowledgeable traffic violation defense lawyer to give you the best shot at keeping traffic infractions off of your record.

Understand Your Rights

It is important that you understand what rights you have at a traffic stop. When a police officer stops you and begins asking questions, it is usually not polite conversation. He or she is beginning their investigation into whether or not you have committed a moving violation or a more serious offense.

The majority of convictions in Illinois occur as a result of an arrestee giving more incriminating evidence than was necessary to the police.  Questions that are appropriate to answer include but are not limited to the following:

  • What is your name?
  • Where are you going?
  • Do you have your driver’s license?
  • Do you have proof of insurance?
  • Do you know why I have stopped you? (simple yes or no)

Questions and request intended to incriminate you include:

  • Can I search your car?
  • Have you been drinking?
  • Do you have anything illegal in the car?

When You Need a Lawyer

The criminal justice system is a complex terrain that requires a knowledgeable and experienced Rolling Meadows criminal defense lawyer. Attorney Christopher M. Cosley is a respected and proven attorney. At The Law Offices of Christopher M. Cosley, you will receive dedicated and compassionate representation. Contact us at 847-394-3200, 24 hours a day, to schedule your consultation and get the representation you deserve.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=49&ActID=1815

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