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Archive for the ‘moving violations’ tag

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

An Explanation of the Illinois Point System

May 21st, 2018 at 11:49 am

Illinois point system, moving violations, Rolling Meadows criminal defense attorney, traffic offenses, traffic violationsThe Illinois Department of Motor Vehicles (DMV) created a point system that tracks traffic violations that an individual accumulates on his or her driving record. Every time you receive a moving violation, a number of points are added to your driving record. After accumulating a large amount of points you risk suspension or revocation of your license. In light of this, if you are facing charges for a serious moving violation in Illinois, it is in your best interest to speak with an attorney immediately for legal assistance.

How the Points System Works

The number of points added to your driving record after a moving violation depends on the severity of the offense. For example, a charge of reckless driving on your record brings 55 points to your record. Failing to obey a stop sign adds 20 points to a driving record. Further, failing to obey a traffic signal or light carries 20 points. Points for speeding depend on the speed at which a driver is traveling, and is described below:

  • 1 to 10 miles per hour over the limit = 5 points
  • 11 to 14 miles per hour over the limit = 15 points
  • 15 to 25 miles per hour over the limit = 20 points
  • Going over 25 miles per hour = 50 points

Penalties for Points

But what do these points mean, and what is the harm in accumulating points on a license? The more points accumulated, the harsher penalty a driver can face. Accumulating points puts you at risk of having your license suspended, as highlighted below:

  • 0 to 14 points = no action taken against your license
  • 15 to 44 points = potential two-month suspension
  • 45 to 74 points = potential three-month suspension
  • 75 to 89 points = potential six-month suspension
  • 90-99 points = potential nine-month suspension
  • 100 or more points = 12-month suspension

Additionally, three or more moving violations in one 12-month period also puts you at risk for license suspension.

Points will stay on your driving record for four to five years. After this period of time, they are removed from your record and your overall point total decreases. Currently, there are no driving courses available in Illinois that can be used to decrease the number of points on your license.

Contact an Attorney for Immediate Help

If you have received a moving violation, you may not think it is a big deal. However, these charges can quickly add up points on your driving record and put you at the risk of having your license suspension. Ultimately, in many cases your best option is to fight the charges with the help of a talented Rolling Meadows criminal defense attorney. Our dedicated legal team is available to assist you throughout each step of your case.

Sources:

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

http://www.cyberdriveillinois.com/departments/drivers/losepriv.html

Petty Traffic Offenses & Misdemeanors

July 3rd, 2017 at 7:00 am

petty traffic offenses, Rolling Meadows traffic violations defense lawyer, moving violations, Class C misdemeanor, suspended licenseIt is not uncommon for people to treat moving violations as inconsequential or somehow beneath notice, therefore paying the requested fine quickly and proceeding on their merry way. However, many will then receive a rude awakening as their driving privileges are affected, especially if they have a history of multiple speeding tickets or other moving violations. Therefore, it is important for Illinois drivers to be aware of the potentially punitive consequences that may result if too many tickets or citations are incurred.

Classification Differences

The significant majority of traffic offenses are characterized as either petty or as misdemeanors under Illinois law. Petty offenses are punishable with merely a fine, usually no more than $1,000, though there are always exceptions depending on the egregious nature of the conduct. Examples include driving without auto insurance and failing to wear a seat belt while driving or riding in an automobile. While a petty offense is still something to take seriously, it is the lightest type of offense that can appear on one’s record, and is the classification for which it is most likely to receive supervision or probation as a sentence instead of a particularly heavy fine.

Misdemeanors, comparatively, are more serious and may carry jail time as part or all of the sentence handed down at conviction—there are three classes of misdemeanor, A through C, with A being the most severe.

An example of a Class C misdemeanor would be drag racing, while a Class A misdemeanor would be driving without a license or on a suspended license. Class A misdemeanors are held to be more likely to injure participants or bystanders, as well as to possess an exaggerated degree of recklessness or negligence compared to petty offenses.

Misdemeanor traffic offenses may sometimes receive a sentence of court supervision, but it is decidedly less common than with those convicted of petty offenses.

Minor Offenses Can Add Up

While the relative consequences for petty and misdemeanor traffic offenses are much less significant than those associated with felonies, this does not mean that minor traffic offenses may simply be ignored, or paid and forgotten. For example, if an Illinois driver accrues three moving violations (whether petty or misdemeanor offenses) in one 12-month span, it results in an automatic, mandatory license suspension. That suspension will expire on a specific calendar date, but only if the driver’s record has been clean for that period of time.

It is also possible to receive a license suspension over failure to pay fines associated with petty offenses and misdemeanors of any class. If a driver fails to pay the costs associated with five or more automatic traffic violations, then his or her license will be automatically suspended in much the same manner as it would be with multiple moving violations on one’s record. The driver will not be able to reinstate his or her license without presenting proof that any remaining fines or penalties have been paid, and any attempt to drive without reinstating his or her license may result in a re-suspension (as driving on a suspended license is in itself a suspendable offense).

Consult a Knowledgeable Illinois Criminal Defense Attorney

Because traffic offenses are seen as such relatively inconsequential affairs, it can be a momentous shock when your license is suspended over the amount of these minor offenses. Consulting an attorney with experience in such matters can greatly ease one’s mind, or at least articulate exactly what one faces in the near future.

The dedicated Rolling Meadows traffic violations defense lawyer at The Law Offices of Christopher M. Cosley is well versed in this specific area of law, and is happy to try and assist you with your case. Contact the office today to set up an initial consultation.

Source:

http://www.ilga.gov/legislation/ilcs/documents/062500050K12-603.1.htm

Illinois State Police Strictly Enforce FATAL-4 Moving Violations

April 10th, 2017 at 7:00 am

moving violations, Rolling Meadows criminal defense attorneyThe Illinois state police are motivated to help reduce instances of automobile accidents and traffic fatalities in and around Rolling Meadows, Illinois. That is why state law enforcement focuses on four moving violations known as the “FATAL-4”, which are four moving violations that pose the highest rate of causing traffic fatalities.

Law enforcement looks particularly closely for signs that drivers are committing any of the FATAL-4 driving offenses. The traffic offenses that make up the FATAL-4 include:

  1. Driving under the influence of drugs and/or alcohol. Under 625 ILCS 5/11-501, it is illegal to drive a motor vehicle while under the influence of drugs and/or alcohol in Illinois. A person is considered to be too drunk to drive when he or she has a blood alcohol concentration of 0.08 percent or if his or her ability to safely operate the vehicle is compromised. Driving while under the influence impacts a driver’s ability to judge distance and speed and can render a driver incapable of operating his or her vehicle safely.
  2. Speeding. Driving faster than the posted speed limit or faster than road conditions or weather conditions allow is illegal in Illinois under 625 ILCS 5/11-601. Drivers have a duty to reduce speed when approaching crossings, intersections, going around curves, approaching a crest in the road, approaching hazards, when pedestrians are visible, or whenever traffic conditions indicate a need to slow down. Speeding by a certain degree above the posted speed limit can carry certain penalties proportionate to the offense. For instance, there is a specific statute concerning speeding when the driver is going more than 26 miles per hour over the posted speed limit.
  3. Engaging in distracted driving. Whether it is texting while driving, tuning the radio, or fiddling with center console controls for the heating or air conditioning in the vehicle, when a driver is not paying full attention to the task of driving, the driver is distracted. Distractions take many forms, and they can disrupt a driver’s concentration and focus. Driving is a dangerous activity when the driver is not paying attention to what is occurring on the road around them. Distracted drivers are often incapable of reacting to circumstances on the road, which can result in accidents.
  4. Seat belt compliance. Seat belt compliance laws are strictly enforced by police because use of a driver or passenger restraining device, such as a seat belt, during an accident can help save lives and reduce injuries. Seat belt compliance citations are often tacked on to other moving violations after a police officer notices that the driver or passenger was not fastened into his or her seat with a seat belt.

Contact Us for Professional Help

If you are facing criminal charges for a DUI, or a traffic citation for speeding or engaging in distracted driving, you need an experienced Rolling Meadows criminal defense lawyer to help you fight your charges. There is much at stake if you are convicted. Make sure to contact a lawyer immediately.

Source:

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

The Difference Between Moving Violations and Non-Moving Violations in Illinois

February 8th, 2017 at 9:06 am

non-moving violations, Rolling Meadows Traffic Violations LawyerWhen it comes to traffic violations in Illinois, there are two different categories of offenses: moving violations and non-moving violations. A moving violation occurs when a vehicle is in motion, such as while you are driving or while you are backing up. A non-moving violation occurs when a vehicle is not in motion or is parked. The vehicle could be running and not moving when you get a non-moving violation.

Examples of Moving and Non-Moving Violations

Examples of moving violations include speeding, reckless or dangerous driving, drag racing, driving under the influence of drugs or alcohol, following too closely, not using turn signals, disobeying posted traffic signs or lights, and texting while driving. Examples of non-moving violations include parking violations, stopping in a no-stop zone, or having an unregistered vehicle or an expired vehicle registration.

Does the Distinction Between a Moving Violation and a Non-Moving Violation Matter?

Whether a violation occurred while the vehicle is in motion has a lot of bearing on the seriousness of the offense. After all, if the vehicle is in motion when a driver commits a traffic violation, such as speeding or failing to use proper turn signals, then there is a chance that other people could get hurt as a result, whether they are other drivers, pedestrians, or bicyclists who share the roadway. A non-moving violation poses substantially less threat of harm to others since the vehicle is not in motion when the violation occurs.

Other Differences Between Moving Violations and Non-Moving Violations

  • The cost of the fine. A majority of traffic offenses are minor infractions of the law, and are punishable by a fine. Citations for non-moving violations tend to be slightly less expensive than citations for moving violations.
  • Whether the violation is reported to your auto insurance provider. Non-moving traffic violations are typically not reported to your automobile insurance provider , while moving violations are reported. Insurance providers use moving violations as a justification to raise insurance premiums.
  • Moving violations result in points being added to your driver’s license. If you are convicted of a moving violation, i.e., you pay the fine associated with your citation, then points will be added to your driver’s license by the Illinois Department of Motor Vehicles. If you accumulate too many points on your driver’s license in too short a period of time, then your driving privileges can be suspended by the Illinois Secretary of State.

Strict Liability Violations

Certain types of traffic violations are considered strict liability offenses, meaning that by the driver simply committing the act, the driver is guilty of the traffic violation. There are several different strict liability traffic offenses under Illinois law, and include but are not limited to the following:

  • Speeding;
  • Not using turn signals when making a turn;
  • Disobeying traffic signs or traffic lights;
  • Parking in a handicap space without the proper authorization; and
  • Other parking violations.

Reach Out to Us Today for Help

It is important to challenge moving violations if you believe that the ticketing police officer improperly cited you. Consult with an experienced Rolling Meadows traffic violations lawyer to learn more about fighting your moving violation traffic ticket.

Source:

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

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