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Archive for the ‘Illinois traffic laws’ tag

Scott’s Law: Move Over or Possibly Lose Your License

May 30th, 2019 at 5:09 pm

IL traffic attorneyIn the first two and a half months of the year, 13 State Troopers have been hit by vehicles while working on the side of the road. In early January, one was fatally struck and killed while working the scene of an accident. The number is too high in the state, and Illinois State Police are trying to change that. With a blitz on social media, they are reminding all drivers about Scott’s Law, and what can happen if they fail to comply and reduce speed to avoid an accident.

Scott’s Law

According to 625 ILCS 5/11-907, Scott’s Law requires all motorists to move to another lane when approaching an emergency vehicle on the side of the road. The law was named after Lieutenant Scott Gillen, a firefighter with the Chicago Fire Department that lost his life after being struck by a passing vehicle while he was working the scene of an emergency. It is also sometimes called simply the “Move Over Law.”

The law applies to any vehicle that has flashing lights, a siren, or both. Police vehicles are the most common emergency vehicles seen along the side of the road, but the law also applies to ambulances, firefighters, and even tow trucks in some cases. Construction vehicles could also fall under the definition of emergency vehicle according to Scott’s Law definition. Motorists wishing to keep safe, and avoid penalties, should simply move over when approaching flashing lights ahead.

The law only states that drivers must move to another lane if the lights or siren on the emergency vehicle are activated. When changing lanes is unsafe, drivers are expected to slow down and proceed with due caution past the emergency vehicles.

Penalties for Violating Scott’s Law

Drivers found in violation of Scott’s Law will face mandatory fines. The minimum fine is $100, but that cost could increase to $10,000, depending on the nature of the violation and if the driver caused an accident when failing to move over.

However, drivers found in violation of this law will face more than just fines. They could potentially lose their license for a long time, depending on the circumstances.

If the driver caused an accident that involved property damage, the Secretary of State will revoke the driver’s license for 90 days. If the driver caused an accident resulting in injury, the driver will lose their license for 180 days. If the driver caused a fatal accident, the driver’s license is suspended for two years. They could also face other charges as well, such as involuntary manslaughter.

Contact a Rolling Meadows License Reinstatement Lawyer to Get Your License Back

If you have had your license revoked due to Scott’s Law or any other traffic violation, you need to contact a skilled Rolling Meadows criminal defense attorney. At the Law Offices of Christopher M. Cosley, we are very familiar with the state’s system for revoking, and reinstating, licenses. We want to put that experience to work for you and help you get your license back as quickly as possible. Call us today at 847-394-3200 for a free consultation and we can begin discussing your case.

 

Source:

https://chicago.cbslocal.com/2019/03/19/illinois-police-report-troopers-struck/

New Year, New Rules of the Road in Illinois

February 12th, 2019 at 12:04 am

IL traffic lawyerMost drivers believe they know the rules of the road. These rules include driving under posted speed limits, stopping at traffic lights, and following all road signs, such as school crossings. However, many new traffic rules will come into effect over the course of 2019. Drivers need to ensure they are familiar with these rules as well. If they are not and are found in violation of these new laws, they could be facing hefty fines and other penalties.

New Texting and Driving Laws

Perhaps the most important law that will be introduced later in the year is the new penalties imposed on drivers found in violation of texting and driving. This law, which stems from Illinois House Bill 4846, will come into effect on July 1, 2019.

Texting and driving has been illegal in Illinois since 2014. The new law though, will now consider texting and driving a moving violation rather than a non-moving violation. Moving violations are entered into a person’s driving record. When a person is convicted of three moving violations within a 12-month period, their licenses are also subject to suspension. A first offense carries the same penalty of $75.

Children Under Two Must Ride in Rear-Facing Car Seats

Before January 1, 2019, Illinois law required that all children under the age of eight be restrained in a car seat. Previously, the law did not state which way that child restraint system had to face in the vehicle. Under the new law, which took effect on New Year’s Day, all children under the age of two must ride in rear-facing car seats. Children under the age of two and taller than 40 inches in height, or weighing more than 40 pounds, may sit in a front-facing car seat.

Those found in violation of this law will be subject to fines and penalties at the discretion of the officer that pulls them over. These penalties could include $75 for a first offense and up to $200 for a second offense.

Driver Curriculum will Include the “Dutch Reach” Method

While not necessarily a new law, those reading the Illinois’ Rules of the Road manual will now be encouraged to use the “Dutch Reach” method after parallel parking. This method states that when exiting a vehicle, drivers and passengers alike should reach across their body to open the door. This, it is believed, will help prevent more instances of “dooring,” as it will remind those in vehicles to look first for pedestrians and bicyclists that may be in the path of the door.

School Bus Signs Must be Covered

According to Illinois House Bill 3292, when school buses are not being used to transport school children under the age of 18, for religious purposes, or for any other activity not affiliated with a church or school, the “School Bus” sign must be covered or concealed.

In addition, the signal arm and the flashing lights of a school bus should not be operated when the bus is being used for the same types of activities. This law also came into effect on January 1, 2019.

Contact a Rolling Meadows Traffic Lawyer 

Too many people believe that if they are pulled over and found in violation of certain laws, they have no choice but to pay the fines and face other penalties. This, however, is not the case.

If you are found in violation of any new traffic laws, or any other traffic law, contact a skilled Rolling Meadows traffic attorney that can help. At the Law Offices of Christopher M. Cosley, we can provide you with the legal defense you need to ensure you are not at risk for losing your license or paying large fines for violations you did not commit. Contact us today at 847-394-3200 for your free consultation.

 

Sources:

http://ilga.gov/legislation/fulltext.asp?DocName=&SessionId=91&GA=100&DocTypeId=HB&DocNum=4846&GAID=14&LegID=110209&SpecSess=&Session=

http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=91&GA=100&DocTypeId=HB&DocNum=3293&GAID=14&LegID=105016&SpecSess=&Session=

Changes to Illinois Traffic Laws For 2017

February 22nd, 2017 at 7:00 am

Illinois traffic laws, Rolling Meadows Criminal Defense Attorney,Every so often traffic laws are changed, and new laws are enacted by the state legislature to better address problems that are being experienced on the roads across Illinois. The year, 2017, is no exception.

A handful of traffic laws have been changed and Illinois drivers need to be aware of these alterations. A violation of these new laws can lead to a traffic citation, even if you did not know that you were breaking the law. Ignorance of the law is no excuse or defense to making a violation of the law. The laws have been changed to help improve driver safety in Illinois.

Scott’s Law Has Been Expanded

Illinois retains a law known as Scott’s law, which requires drivers to move over to the opposite side of the road when they are passing emergency vehicles and law enforcement vehicles that are on the side of the road. The purpose of law is to give law enforcement and emergency personnel the space that they need to safely render aid or do their job while on the side of the road.

In 2017, Scott’s law has been expanded. Now, in addition to moving over for emergency vehicles and law enforcement on the side of the road, Illinois drivers are also required to slow down and move over to the opposite side of the road when there is a vehicle parked on the side of the road with its hazard lights flashing.

Have You Been Caught a Second Time Driving Without Insurance? Now Your Car Will Be Towed

Driving without valid and up-to-date automobile insurance is a problem in Illinois. Another change to Illinois traffic laws in 2017 authorizes law enforcement to tow the vehicle of anyone who is stopped on the side of the road and is found to be driving without automobile insurance after already having a conviction on the books for driving without insurance. This new law only applies to drivers who are caught driving without insurance for the second time in a 12-month period after their earlier conviction.

While 2017 is not a significant year for changes in traffic law, the few changes that have been made will be strictly enforced by the police in Illinois. Therefore, it is important for drivers to be aware of these new changes. If you are issued a traffic citation for a violation of these laws or any other traffic law violation, you need to get in touch with an experienced traffic citation lawyer as soon as possible. Traffic citations need to be dealt with, and you can fight the charges that are being pressed against you by challenging them in traffic court.

Let Us Help You Today

When it comes to handling your traffic violation, you need a strong defense and a tenacious lawyer to fight the charges against you. Please do not hesitate to contact a passionate Rolling Meadows criminal defense attorney for help with your case.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-907

Traffic Violations in Illinois

September 22nd, 2016 at 3:35 pm

Traffic Violations in IllinoisMany 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.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-601.5

Improper Lane Usage Traffic Offenses

October 7th, 2015 at 12:38 pm

Illinois defense attorney, Illinois traffic offense lawyer, Illionis criminal lawyer,A host of Illinois residents have certainly received traffic tickets over their lives, but many people do not realize that improper lane usage is a ticketable offense until they are involved in an automobile accident or are pulled over for weaving between lanes. While improper traffic lane usage is only a petty offense, a citation can have a significant impact on your driving privileges and could result in an increase to your insurance. Furthermore, this traffic offense is punishable by a fine of up to $1,000 and up to two years of court supervision.

Under 625 ILCS 5/11-709, vehicles driving along Illinois highways and roadways that are divided into multiple lanes that are going the same direction must stay in their own lane as best as possible. A driver can deviate from their chosen lane of traffic only once the driver has deemed it safe to do so. Lane changes are allowed in order to pass another driver who is moving in the same direction as you, but may only be performed once the passing lane is clear and you have a safe distance in which to pass the slower-moving vehicle.

Changing lanes safely means that:

  • You have plenty of room to safely change lanes;
  • You have properly used your turn signal to indicate to the other drivers located around you your intentions to switch lanes; and
  • You have checked all of your mirrors and your blind spots to make sure that you can make the lane change safely.

Improper Lane Usage and Accidents

Law enforcement officers responding to the scene of an automobile accident often determine fault for the accident and award a citation for improper lane usage to the party that they believe is responsible or at fault. But the officers’ assessment of the situation might be incorrect. You might not have been at fault and, as such, may have been improperly ticketed. You will need the help of an experienced criminal defense lawyer to help you fight the citation that was issued against you.

Improper Lane Usage and Suspected DUI

Another common scenario is that law enforcement will use improper lane usage as a pretense for pulling over a driver suspected of driving under the influence of drugs or alcohol. Any lane changing could be misconstrued by an officer as being an indication of alcohol impaired driving, and even if you do not show any signs of impairment upon being pulled over, the officer might still issue you the citation for improper lane usage. If your lane changes were conducted safely, then there is no reason why you should be cited for improper lane usage. Fight the citation by hiring a skilled traffic offense lawyer.

Call the Law Offices of Christopher M. Cosley

If you have received a citation for improper traffic lane usage after being pulled over or after being involved in an automobile accident, you need to fight your ticket. Please contact a dedicated Rolling Meadows criminal defense lawyer immediately. Call the Law Offices of Christopher M. Cosley. Our phone number is (847) 394-3200.

 

Source:
http://www.ilga.gov/legislation/ilcs/documents/062500050K11-709.htm

Traffic Offenses: Tickets for Failing to Slow Down

September 14th, 2015 at 7:26 am

Illinois traffic attorney, Illinois defense lawyer, Illinois criminal attorney,A driver can receive a citation for a number of different traffic violations that involve failing to reduce their speed when a situation on the road warrants slowing down. A few commonly cited traffic offenses that require drivers to reduce their rate of speed include the failure to slow down or reduce speed for emergency vehicles, a failure to slow in a construction zone, and a failure to slow in order to avoid an accident.

Ticket for Failing to Slow Down for Emergency Vehicles

Scott’s Law, 625 ILCS 5/11-907, in memory of Chicago Fire Department Lieutenant Scott Gillen who was killed by a passing motorist while attending to a roadside emergency situation, requires that drivers reduce their speed and attempt to change lanes to give emergency vehicles the space they need to safely tend to emergencies. This includes giving emergency vehicles the right of way when they are driving on the road as well as when they are parked on the side of the road so that emergency responders can safely and effectively respond to an accident or emergency situation.

Failing to slow for an emergency vehicle can result in a fine of at least $100 for an offending driver. The driver could also face losing their driver’s license for a period of time, depending on whether someone was hurt or killed as a result of the driver’s failure to slow for the emergency vehicle.

Failure to Slow in a Construction Zone

Under 625 ILCS 5/11-908, a driver has an obligation to slow down and exercise caution when entering and driving through a construction or maintenance zone when workers are present. Drivers are required to yield to construction workers and authorized construction vehicles while in the construction zone. Construction workers perform much of their work dangerously close to the roadway, and one moment of inattentiveness by a driver could seriously hurt or kill a construction worker.

Drivers who receive a citation for failure to slow in a construction zone face a fine of at least $100 and could face losing their driver’s license for a period of time, depending on if someone was hurt or killed as a result of the driver’s failure to slow in the construction zone.

Failure to Slow to Avoid an Accident

Under 625 ILCS 5/11-601(a), a driver can be issued a citation for failing to reduce speed to avoid an accident. This statute requires a driver to decrease their speed as necessary to avoid colliding with a person or another vehicle and to exercise due care. Many drivers who are involved in rear-end collisions find themselves with a citation for a failure to slow to avoid an accident. Often drivers who are convicted of this type of traffic offense lose their driver’s license.

Call the Law Offices of Christopher M. Cosley

If you have received a citation for failing to slow down in a construction zone or to avoid an accident, you need to fight your ticket. Please contact a skilled Rolling Meadows criminal defense lawyer immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 for a consultation on your case.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-907

http://ilga.gov/legislation/ilcs/documents/062500050K11-908.htm

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-601

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