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Archive for the ‘Illinois traffic offenses’ tag

Teen Drivers Face Stricter Driving Laws

June 29th, 2018 at 6:26 am

distracted driving, Illinois traffic offenses, Rolling Meadows traffic ticket attorney, teen drivers, teen driving lawsFew things compare in a young person’s life to finally being able to drive a car on his or her own. He or she has taken driver’s training, driven the required amount of hours with an experienced driver, and can now drive on his or her own. However, with this freedom comes an added responsibility.

Since teen drivers are so new and inexperienced, they face stricter rules and regulations in an effort to keep the driver, and those around them, safe.

Cell Phone Use

In Illinois, a driver is not permitted to be on his or her cell phone or other handheld device while driving. He or she can only make calls with a hands-free option. However, the rule is different for teen drivers. A driver under the age of 18 is not permitted to use a cell phone while driving at all, even if the device is hands-free. The only exception is in the event the driver needs to call 911 or otherwise contact emergency services or the police.

Passengers

A new driver is likely to be more susceptible to distractions while driving. The teen needs to keep his or her attention on the road so that he or she can get valuable experience driving. Illinois has passenger limits for teen drivers. For the first year after obtaining a driver’s license, a driver under the age of 18 is only allowed to have one other young person in the vehicle with him or her. A young person includes anyone under the age of 20.

In addition to limiting the number of passengers permitting in the vehicle, seat belts are enforced for every person in the vehicle. Illinois law requires all drivers to wear a seat belt while driving. However, teen drivers must also ensure that their passengers under the age of 18 wear seatbelts.

Driving Curfew

Teen drivers are not allowed to drive at all times throughout the day. On Friday and Saturday nights, drivers under the age of 18 are not permitted to drive between the hours of 11 p.m. and 6 a.m. the following morning. During the week, the curfew is 10 p.m. to 6 a.m. There are many exceptions to this curfew. Driving with a parent or guardian, driving to or from school, driving to or from work, driving in the event of an emergency, and driving for religious purposes are just some of the reasons teens can drive after curfew.

Let Us Help You Today

Teen driving laws are slightly different than adult laws. If your teen has received a traffic violation, The Law Offices of Christopher M. Cosley can help. Dedicated Rolling Meadows traffic ticket attorney Christopher Cosley knows that young drivers can sometimes make mistakes. Our team works hard so that one mistake does not follow your child everywhere.

Sources:

http://www.cyberdriveillinois.com/departments/drivers/traffic_safety/safetybelts.html

http://www.cyberdriveillinois.com/departments/drivers/teen_driver_safety/gdl.html

Illinois Legislature Considering Stricter Penalties for Texting Drivers

June 22nd, 2018 at 7:52 am

Illinois traffic offenses, moving violations, Rolling Meadows criminal defense attorney, texting and driving, texting driversIt should come as no surprise that driving with any type of distraction is dangerous to you and everyone else on the roadways. One of the biggest distractions plaguing drivers is the number of drivers who are texting and driving. Concluded in a study by the National Highway Traffic Safety Administration, texting drivers can be six times more dangerous than drivers operating a vehicle under the influence of alcohol or drugs.

Because of the dangerous nature of texting and driving, and other types of distracted driving, Illinois lawmakers have imposed a bill that would make texting and driving offenses more serious, according to My Stateline. In 2014, Illinois passed a law that made first time texting and driving offenses a nonmoving violation. House Bill 4846 changes this law and makes texting and driving a moving offense. The bill passed in the House and moved to the Illinois Senate for consideration and vote. Bill 4846 was also passed by the Senate.

With the offense classification changing from a nonmoving violation to a moving violation, the penalties for such offense have increased. In Illinois, moving violations result in various fines and court costs. However, a person who received three moving violations in a 12-month period risks having his or her license suspended.

Distracted Driving in Illinois

Distracted driving is a problem across the country. In Illinois, it is not just illegal to text and drive. Any use of cell phones or electronic communications is prohibited while operating a motor vehicle. Drivers over the age of 19 are allowed to use hands-free or Bluetooth enabled devices, but should be wary of the dangers that still exist. Even without physically touching a cell phone or handheld device, a driver is likely taking his or her eyes off of the road and putting himself or herself at increased risks of accidents.

Minimize Distractions

Illinois urges drivers to minimize distractions while they drive. Consider the following tips to help prevent an accident and keep you safe:

  • Do not use a cell phone or handheld device;
  • Only operate a vehicle if you are not drowsy or overly tired;
  • Do not overly populate your vehicle; and.
  • Pull over to take a phone call or adjust the GPS

We Are Here to Help You

Even knowing the dangers associated with texting a driving, there are many drivers who still violate the law. With the harsher classification of a moving violation and the risk of a license suspension, contacting a skilled traffic attorney could benefit you immensely.

Passionate Rolling Meadows defense attorney Christopher M. Cosley is here to help you with tickets for traffic offenses, including texting and driving. Your driving record is important. As such, you need an attorney who understands that importance and fights to get you the best possible outcome under the circumstances. Contact us today for a consultation.

Sources:

http://www.cyberdriveillinois.com/departments/drivers/traffic_safety/distracted.html

http://www.mystateline.com/news/new-illinois-legislation-proposes-tougher-penalties-for-texting-and-driving/1128952249

Why Should I Contact an Attorney if I Get a Traffic Ticket?

May 7th, 2018 at 7:00 am

Illinois traffic offenses, Rolling Meadows traffic defense attorney, traffic ticket, traffic violation, traffic violation consequencesYou may not think that a traffic ticket is a big deal, that they happen every day, and that you do not need an attorney if you receive one. This is simply not true. While there are “minor” traffic violations, like running a stop sign or improperly changing lanes, there are still consequences for even the smallest ticket. Hiring an attorney can help you avoid these consequences and keep your driving record clean.

Provide Experience  

When you fight a ticket yourself, you are relying on your own experience. If this is your first traffic ticket, or the first time that you are fighting a traffic ticket, you may not know exactly what to do. Even if this is not your first ticket, you likely do not have the same experience that an attorney has in traffic court. An attorney knows the law well and knows how to challenge the validity of a traffic ticket.

Avoid Unforeseen Consequences

Depending on the violation for which you received the ticket, the penalties can greatly vary. A traffic ticket can result in anything from a minor fee to a license suspension. In Illinois, traffic convictions result in points added to an individual’s driving record. Each violation carries a number of points. In turn, there are consequences of having a significant number of points on your record.

For traffic tickets that involve speeding, disobeying stop lights, improper lane changes, and other minor violations, points will remain on your record for four to five years. If you receive a traffic ticket that causes your license to be suspended or revoked, points will remain on your record for a minimum of seven years.

Accumulating a massive amount of points can even lead to license suspension or revocation. Suddenly, those minor speeding tickets can lead to devastating consequences.

Save Money

Yes, hiring a lawyer costs money. In some instances, you might not think that it is worth the cost to hire an attorney to fight a ticket with a low fee and low point value. However, in the long run, an attorney can save you money. For tickets with higher fees or more severe consequences, an attorney can fight to get the ticket dismissed, which would thus result in no additional fees for you or points to your driving record. Paying for an attorney at the outset might seem like an additional expense, but the rewards and benefits you could ream from the attorney’s work will outweigh the cost of hiring.

Contact Us Today for Help

If you have received a traffic ticket and are wondering if you need an attorney, contact The Law Offices of Christopher M. Cosley. A talented Rolling Meadows traffic defense attorney at our office will answer your questions and help you decide the best option moving forward in your case.

Sources:

http://www.ilga.gov/commission/jcar/admincode/092/092010400000200R.html

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

When Can the Police Search My Vehicle?

April 26th, 2018 at 9:53 am

Illinois traffic offenses, Illinois traffic stops, police search, Rolling Meadows criminal defense attorney, searches and seizuresThe Fourth Amendment to the United States Constitution grants us the right be free from unreasonable searches and seizures. Searches are scrutinized to make sure that an individual’s constitutional rights are not infringed upon.

There are numerous cases in which a person is pulled over for a seemingly routine traffic stop, but it results in the search of the individual’s car and a potential arrest if illegal behavior or substances are found. However, a police officer does not always have the right to search your vehicle at just any traffic spot.

Ultimately, if you have been stopped by the police and placed under arrest, it is in your best interests to contact an attorney immediately. To be sure, an experienced lawyer can examine the specifics of your case and begin mounting an aggressive defense.

Valid Police Search of Your Vehicle

There are various scenarios in which a police officer has the right to search your vehicle, as described below. This is not an exhaustive list of circumstances, but these are the most common instances that arise and result in a legal search of your vehicle.

  • Consent. If you consent to a search, the police are able to search your vehicle. After you give consent, any evidence that is found during the search will be admissible in future court proceedings.
  • Probable Cause.  In order for the police to search your vehicle during a traffic stop, the police need to have probable cause that there is some sort of criminal activity happening. For example, if the police smell marijuana, they are able to search the vehicle for the substance. Police are able to bring drug sniffing dogs to smell the area around your vehicle; however, they must not excessively prolong the traffic stop.
  • Incident to an Arrest. If you are arrested, the police generally have the right to search your vehicle. Indeed, you are already being arrested for a potentially valid reason, and the police may need to conduct further investigation. The police can search for weapons and any evidence that is incident to the arrest.
  • With a Search Warrant. Since traffic stops are spur-of-the-moment events, police likely will not have a warrant to search your vehicle. However, if you are under suspicion for a crime and a judge grants a search warrant for your vehicle, a police officer will be able to search your vehicle.

If there is not a legitimate reason to pull a vehicle over, then the results of that traffic stop are not valid.  Any evidence seized or found during an illegal search is inadmissible in court.

Let Us Help You Today

If you have been charged with any criminal offense, contact The Law Offices of Christopher M. Cosley today. An experienced Rolling Meadows criminal defense attorney at our office is equipped and ready to tackle your case and make sure you receive the justice you deserve.

Source:

http://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0

Aggravated Speeding: What You Need to Know

February 12th, 2018 at 9:21 am

aggravated speeding, aggravated speeding conviction, Illinois traffic offenses, speeding charges, Class A misdemeanorMany people drive a little fast every now and then. For instance, the car in front of you may be going too fast and you simply keep up with the flow of traffic. Or, perhaps you are running late for work and you need to speed up to get there on time. Perhaps you have a sports car and enjoy going fast.

Drivers can be pulled over for going 10, 15 and 20 mph over the speed limit. In these cases, the only punishment is a speeding ticket. You will have to pay the fine as well as take traffic school if you want to avoid insurance premium increases.

However, if you are caught going 26 mph or more above the speed limit, you will face hefty penalties. Going a few miles above the speed limit is one thing, but driving at an excessive speed is considered reckless. This is called aggravated speeding.

What is Aggravated Speeding?

Under 625 ILCS 5/11-601.5, aggravated speeding occurs when a person drives a vehicle at a speed that exceeds the speed limit by 26 mph or more. A person who drives 26-34 mph above the speed limit will face a Class B misdemeanor, while a person exceeding the speed limit by 35 mph or more will face a Class A misdemeanor. This is the most serious type of misdemeanor, and it is one step away from a felony.

Penalties for Aggravated Speeding

A Class B misdemeanor is punishable by six months in jail and a $1,500 fine. A Class A misdemeanor means up to one year in jail and a fine of up to $2,500. The penalties increase when the speeding occurs in a school or construction zone.

An aggravated speeding conviction stays on your record for seven years. Unless you have your record sealed, such a charge will stay on your criminal record for the rest of your life.

Court supervision may be an option for those facing aggravated speeding charges. If you have never faced such a charge previously, you may be able to complete court supervision and keep the charge from appearing on your driving record. The terms of your supervision may include fines, community service, and traffic school.

Let Us Help You with Your Case

Speeding is typically an infraction that involves a ticket, fines, and traffic school. However, excessive speeding can result in a criminal record. Do not let a single speeding incident affect your life.

If you are facing misdemeanor charges for a speeding ticket, you need solid legal defense to avoid fines and jail time. Get help from the Law Offices of Christopher M. Cosley. Talented Rolling Meadows criminal defense attorney Christopher Cosley has helped many clients who have been accused of driving at a speed exceeding the speed limit by 26 mph or more. Contact us today for professional help.

Sources:

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

https://www.isba.org/sections/trafficlaw/newsletter/2015/06/excessiveaggravatedspeeding

Illinois Drag Racing Laws and Consequences

February 9th, 2018 at 8:56 am

Class 4 felony, drag racing, Illinois license revocation, Illinois traffic offenses, street racingTV shows such as “Street Outlaws” make drag racing seem like fun and games. Two tricked-out cars go head to head in a race to see which one is faster. The drivers often bet money and whoever loses pays the winner.

Drag racers take their cars to the limit. They may travel at speeds exceeding 100 mph on city streets. Other drivers and pedestrians can end up seriously injured or even killed by the negligence of drag racers.

Not only is drag racing dangerous, it is also illegal. Drag racing is typically charged as a misdemeanor, but it can be a felony in some instances. 

Illinois Drag Racing Laws

Drag racing, also known as street racing, is considered illegal on all streets and highways in Illinois under Illinois law 625 ILCS 5/11-506. Drag racing is defined as the operation of at least two vehicles side by side traveling at high speeds that are trying to outdistance each other. It also involves one or more vehicles attempting to outdistance another, reach a destination before another, or prevent another vehicle from passing. Drag racing may also be referred to as a test of a driver’s stamina or physical endurance. The race may also occur over a common course.

Drag racing is considered a Class A misdemeanor, which is punishable by a $2,500 fine and up to one year in jail. It is also against the law to allow another person to use your vehicle for street racing. This is considered a Class B misdemeanor, which is punishable by a $1,500 fine and 180 days in jail.

There are situations in which drag racing can be a felony. Aggravated drag racing is defined as drag racing that causes a motor vehicle accident that leads to serious injury, disfigurement, or death. This is classified as a Class 4 felony, with punishment of 1-12 years in prison. A second offense of drag racing will also become a felony charge.

All drag racing convictions will also lead to license revocation or suspension for at least one year. To get your license reinstated, you will need to appear before a hearing office.

Contact Us Today for Professional Help

Drag racing may seem like an innocent act, especially late at night when the roads are deserted. However, drag racing can lead to crashes, serious injury, and even death. At the very least, you could face fines, jail time, and license loss.

If you are facing misdemeanor charges for drag racing or some other speeding offense, you could face jail time and fines. The Law Offices of Christopher M. Cosley can help reduce your charges. Skilled Rolling Meadows criminal defense attorney Christopher Cosley can help you avoid serious penalties.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-506

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