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Archive for the ‘driving record’ tag

How Does the Illinois DMV Point System Work?

January 30th, 2020 at 2:19 pm

IL defense attorney, IL DMV point system lawyerMany people have heard of the Illinois DMV point system, but they are not entirely sure of how it works. It is important all drivers are aware of the system, and the penalties they may face for committing certain traffic offenses. While many motorists only consider the fine they may have to pay for a traffic violation, the point system can also levy some other serious consequences.

The Illinois DMV Point System

Any time a driver is convicted of a traffic violation, such as speeding, the Illinois Secretary of State will add points to that person’s license. Typically, serious violations incur a greater number of points than minor traffic offenses. Once a driver has incurred a certain number of points, their driver’s license can then be suspended or revoked. Sometimes an offense, such as a DUI, are so serious that a person may have their license suspended or revoked for that one violation alone.

Number of Points Imposed for Traffic Violations

So, how many points can a driver incur for certain violations? The most common traffic violations, and the number of points associated with them, are as follows:

  • Speeding: 5 to 50 points
  • Under the minimum speed limit: 5 points
  • Screeching tires: 10 points
  • Speeding on a bridge or on an elevated roadway: 10 points
  • Failure to follow traffic signs: 20 points
  • Failure to remain in proper lane: 20 points
  • Speeding in a school zone: 20 points
  • Under the minimum speed limit on a state tollway: 20 points
  • Driving in the ‘fast lane’ when moving slower than traffic: 20 points
  • Having an open container of alcohol in the vehicle: 25 points
  • Fleeing the scene of an accident that caused property damage: 25 points
  • Fleeing the scene of an accident that caused injury or death: 50 points
  • Reckless driving: 55 points

It is important to understand that many of these violations, such as leaving the scene of an accident, have many more penalties than just incurring points. Many of these are criminal activities that could cause someone to serve several years in jail if they are convicted.

License Suspensions for Points Imposed

The length of a driver’s suspension will depend on how many points a driver has incurred. According to the Illinois Administrative Code, the length of suspensions for points imposed are:

  • Zero to 14 points: No suspension
  • 15 to 44 points: Two months
  • 45 to 74 points: Three months
  • 75 to 89 points: Six months
  • 90 to 99 points: Nine months
  • 100 to 109 points: Twelve months
  • Over 110 points: License revocation

The length of the suspension period is extended when a person has had their license suspended within the last seven years. Typically in these cases, the suspension period is doubled.

An Illinois Criminal Defense Lawyer can Help You Avoid Points

If you have been charged with a traffic offense, there is much more on the line than just a fine. You may incur points, which can eventually lead to a license suspension or revocation. At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows criminal defense lawyer can help you beat the charges so you can retain your freedom, and keep your license. Call us today at 847-394-3200 to schedule your free consultation.

 

Sources:

http://www.ilga.gov/commission/jcar/admincode/092/09201040sections.html

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

Can You Get Arrested for Speeding?

January 9th, 2020 at 2:10 pm

IL defense attorney, Illinois traffic violations lawyerMany motorists think that if they are pulled over for speeding, the most severe penalty they will face is a traffic ticket. However, when motorists drive at an excessive rate of speed, they can face criminal charges. These can result in not only a permanent criminal record for those convicted, but also the very real possibility of jail time. Although most instances of speeding will not result in these harsh consequences, if a person is found guilty of aggravated or excessive speeding, they just might.

Aggravated and Excessive Speeding

When a person is arrested for speeding, it is most likely due to the fact that a police officer believes they are guilty of aggravated or excessive speeding. The penalties for speeding will depend on just how fast over the speed limit a motorist was driving.

Operating a vehicle over 26 to 34 miles per hour above the posted speed limit is considered a Class B misdemeanor. For individuals convicted of this crime, the punishment is a maximum of 180 days in county jail, a fine of $1,500, or both.

These penalties increase when individuals are found guilty of driving more than 35 miles per hour above the posted speed limit. This charge is considered a Class A misdemeanor. Individuals convicted could be sentenced to one year minus one day in county jail, a maximum fine of $2,500, or both.

While these penalties are harsh, they are not the only ones drivers will face when they are convicted of excessive speeding. A conviction will remain on a driver’s license for up to seven years. That could mean increased auto insurance rates, and potentially difficulty finding an insurer that will provide that insurance at all.

Excessive Speeding and the Illinois DMV Point System

Jail time, high fines, and high insurance rates are all very serious consequences of excessive speeding. Unfortunately, they are not the only ones. Excessive speeding and aggravated speeding are very serious traffic offenses. As such, every time a motorist is convicted of these violations, they also have points added to their driver’s license through the Illinois DMV point system. The number of points assigned to a license will depend on the speed a driver was traveling at the time.

After any motorist has accumulated a certain number of points on their driver’s license, they are also at risk for having their driver’s license suspended. The length of suspension also varies depending on the number of points on a license. The number of points and the length of the associated suspension are:

  • 15 to 44 points: Two months
  • 45 to 74 points: Three months
  • 75 to 89 points: Six months
  • 90 to 99 points: Nine months
  • 100 points or more: Twelve months

The amount of driving convictions that will result in an automatic suspension of a driver’s license also depends on a person’s age. For those over the age of 21, three convictions in a 12-month period are enough to garner an automatic suspension. Anyone under the age of 21 must only accrue two convictions in a 24-month period to have their license suspended.

Our Illinois Criminal Defense Lawyer can Help You Beat the Charges

Excessive speeding in Illinois comes with steep penalties that can remain with a person for several years. If you have been charged with excessive or aggravated speeding, call our skilled Rolling Meadows criminal defense lawyer at the Law Offices of Christopher M. Cosley. Attorney Cosley knows the defenses to charges of aggravated speeding, and how to use them to give you the best chance of beating the charges. Call us today at 847-394-3200 to schedule your free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh.+11+Art.+VI&ActID=1815&ChapterID=49&SeqStart=122400000&SeqEnd=123900000

 

Traffic Ticket FAQs

August 7th, 2019 at 9:48 am

IL traffic ticket attorneyAny time someone is pulled over for a traffic ticket, they have many questions. Will they have to go to court? Will they lose their license? Is traffic safety school an option? These are just a few of the most common questions criminal defense attorneys in Rolling Meadows are asked every day. The answers to them, and to other frequently asked questions about traffic tickets, are below.

What Should I Do if I Am Pulled Over?

If you are pulled over, it is best to cooperate with police. Turn off your engine and radio, and keep your hands visible. Do not reach for your driver’s license or insurance information until the officer asks to see them. Remain calm and friendly, and do not argue with the officer.

Do not admit guilt, even if the officer asks if you know why they pulled you over. The officer could be recording your response so they can use it against you later in court. Cooperate fully and, if the officer issues a traffic ticket, contact an attorney.

Do I Need an Attorney for a Traffic Ticket?

For certain offenses, such as driving over 26 miles per hour the posted speed limit, you will absolutely need an attorney to represent you in court. Sometimes though, even minor traffic offenses will require an attorney, depending on the facts of your case, such as if you have several points on your license already. After receiving any traffic ticket, you should call an attorney that can advise you of your legal options.

Will I Have to Go to Court?

Your traffic ticket will state whether you have to attend court for the offense. In most cases, drivers only have to appear if a conviction will result in jail time or an automatic license suspension. However, mailing in payment for the offense is considered a guilty plea. This is entered onto your public driving record, which can place you at risk for suspension in the future. As such, you may choose to go to court to fight the ticket, even if you are not required to.

Will I Lose My License?

In Illinois, drivers over the age of 21 that receive convictions for three moving violations in the span of one year will likely have their license suspended. Drivers under the age of 21 must only have two convictions for moving violations over the course of two years to have their license suspended. Certain offenses include penalties of automatic license suspension. These offenses include passing a stopped school bus or failing to yield to an emergency vehicle.

Will My Auto Insurance Rates Increase?

If you are convicted of a traffic violation, your auto insurance rates will likely increase. The amount they increase will depend on the nature of the situation and the offense you received the ticket for. If the ticket is dismissed, you are placed on court supervision, or are found not guilty, the offense is not made part of your public driving record. As such, your auto insurance rates will not increase.

Is Traffic Safety School an Option?

Individuals with a clean driving record are sometimes placed on court supervision and given the opportunity to attend traffic safety school. This is a good option, as you will not be convicted of the offense, and the ticket will not appear on your public driving record. As such, you will be less likely to lose your license in the future, and your insurance rates will not increase. While you may be able to request traffic safety school by mail, these cases are most successful when you appear in court to make the request.

Contact an Illinois Criminal Defense Lawyer for Help with Your Ticket

Getting a traffic ticket does not sound like a major event to many. However, under certain circumstances, traffic tickets can have a very detrimental impact on those that receive them. If you have received a ticket and are worried about losing your license or have to appear in court, you must speak with our skilled Rolling Meadows criminal defense lawyers today. Call the Law Offices of Christopher M. Cosley at 847-394-3200 or contact us online for your free consultation. We will help prepare you for court and give you the best chance of keeping your license.

 

Sources:

https://www.einsurance.com/insurance-guide/illinois/auto-insurance/

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh.+6+Art.+II&ActID=1815&ChapterID=49&SeqStart=85500000&SeqEnd=87500000

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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