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Archive for the ‘Rolling Meadows traffic offenses attorney’ tag

Defenses to Speeding Charges

December 21st, 2016 at 7:00 am

Speeding Charges, Rolling Meadows Traffic Offenses AttorneyMany people have been guilty of speeding at some point in time when they are behind the wheel of a vehicle. Sometimes it happens on accident, while other times a driver purposefully means to exceed the posted speed limit. However, if you are caught speeding by Illinois law enforcement, a ticket for violating the state’s speeding laws will be issued to you.

Receiving a traffic ticket can adversely affect you if you admit your guilt to your traffic offense. For instance, if you go to the courthouse and immediately pay your ticket without fighting it in traffic court, you effectively have made an admission that you are guilty of the speeding charge.

Admitting guilt for a traffic violation can result in the addition of points to your driver’s license. If you accumulate too many points, then serious consequences can result. Too many points can mean that your license will be suspended, which will make traveling more difficult for you without the ability to drive. Ultimately, much is at stake when you are issued a traffic ticket for speeding. Hence, it is important that you fight your speeding ticket. With the help of an experienced Illinois traffic offenses defense attorney it might be possible to get your charges reduced or dismissed altogether.

However, sometimes the evidence of your speeding is irrefutable and the only action to take is to admit your guilt, while still presenting a valid and legitimate defense as to why you were speeding in the first place. It is important to know that there is a difference between a good defense to speeding charges and a bad excuse for speeding. A skilled and knowledgeable attorney can help you with your defense.

What Are Some of the Good Defenses to Charges of Speeding

There are legitimate and valid defenses that you could use to defend against a speeding charge. For instance, it might be possible that you did not know the speed limit for the area where you received your speeding ticket because you did not see the posted speed limit sign. If you can show that the speed limit sign was not posted properly or was missing (perhaps because the sign was hit by a car or due to an act of vandalism), it could be a valid defense to your speeding.

Have You Been Ticketed for Speeding? Call Us Today for Professional Help

No one wants to receive a speeding ticket. Moreover, there can be serious consequences if you admit to speeding charges. Therefore, if you have been issued a speeding ticket, then you need to get in touch with an experienced traffic offenses defense lawyer. Please do not hesitate to contact a skilled Rolling Meadows traffic offenses attorney at our office. We are eager to help you throughout each step of your case.

Source:

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

Chicagoans’ Due Process Rights Violated by City Regarding Red-Light and Speed-Cam Tickets

March 18th, 2016 at 7:03 am

red-light and speed-cam tickets, Rolling Meadows Traffic Offenses AttorneyThere are more than 300 red-light cameras in Chicago, and in many cases tickets that have been issued from these cameras may be void because the issuance of the tickets violates due process laws. According to a recently issued news report by the Chicago Sun-Times, Circuit Court Judge Kathleen Kennedy issued a ruling, potentially worth millions of dollars, against the city of Chicago to reimburse fines and penalties collected on red-light and speed-cam tickets that were issued without due process.

How Was Due Process Violated?

Due process is your right as an individual to be respected by the state or other governmental entity when it comes to your legal rights. When you are charged with a crime, you are granted certain due process rights, meaning that law enforcement, judges, and prosecutors must treat you in accordance with the law before finding that you are liable for a crime.

When it came to tickets issued based on information captured by the red-light and speed-cams located all over the city, the city was found by the Circuit Court to have violated the due process rights of those motorists who stood accused of speeding or running red lights, by:

  1. Failing to provide a second notice of the alleged traffic violation to the accused motorist, which is a violation of the Municipal Code of Chicago Section 9-100-045(b)(2);
  2. Failing to provide the specific make of the vehicle that was issued the ticket, which is a violation of the Illinois Vehicle Code; and  
  3. Indicating that late penalties on the issued tickets would begin to accrue within 21 days of the issuance of the ticket, which is a violation of the Municipal Code of Chicago Section 9-100-050(c) and provides that motorists have a 25-day grace period from the determination of liability in which to pay the ticket without incurring penalties.

Each of the above are violations of motorists’ due process rights, and in effect, the city was not following the law when it made liability determinations without giving accused motorists the chance to contest their charges. The city has collected millions upon millions of dollars on these types of tickets going back as far as 2003, and along the way, some Chicagoans have had their due process rights violated.

The judge held that tickets that were issued and paid by motorists when the motorist’s due process rights were violated are void, and that these motorists can bring collateral actions against the city to recoup their lost fines and penalties. Those motorists who may be affected need to contact an experienced traffic offenses lawyer, and should keep an eye out for a class action suit against the city.  

Contact Our Office for Help

Many people are issued traffic tickets by automated detection systems in Chicago. However, even when a ticket is automated, you still have rights, such as the right to contest the charges that are against you. Please do not hesitate to contact a skilled Rolling Meadows traffic offenses attorney right away. Our legal professionals are ready to help you today.

Sources:

http://chicago.suntimes.com/news/7/71/1345175/judge-declares-red-light-speed-cam-tickets-void-city-violated-due-process

http://library.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/title9vehiclestrafficandrailtransportati/chapter9-92impoundingandrelocationofvehi?f=templates$fn=default.htm$3.0$vid=amlegal:chicago_il

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1815&

http://library.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/title9vehiclestrafficandrailtransportati/chapter9-92impoundingandrelocationofvehi?f=templates$fn=default.htm$3.0$vid=amlegal:chicago_il

Five Rights You Have When You Get a Traffic Ticket

February 23rd, 2016 at 7:00 am

traffic ticket, Rolling Meadows Traffic Offenses AttorneyWhile you may think you have a pretty good handle on the rules of the road, do you know what your rights are when you are pulled over and given a traffic citation?

Not many people actually know what their rights are when they are pulled over. Therefore, it is important that you understand the rights you have when law enforcement pulls you over to issue you a citation for a traffic violation.

  1. You Can Wait to Stop at a Safe Location. Where you are being pulled over might not be a terribly safe place to stop. It might be dark, there might be no lighting, or there may be no shoulder for you to pull over into. You can continue to travel a reasonable distance before stopping at a safe place, but you should indicate to the officer who is pulling you over of your intention. This could be done by slowing down, turning on your blinker to indicate that you are pulling over, and then informing the officer of why you did not pull over sooner once you do finally stop and the officer approaches the vehicle.
  2. You Do Not Have to Answer Questions. You may decline to answer questions asked by the officer that pulled you over. Be polite, but know that you do not have to answer. Officers try to get more information out of you than they really need, and this can lead to additional tickets if you are not careful. This also applies to when the officer asks if you know why you are being pulled over. You have no obligation to incriminate yourself. Even if you were speeding, you do not have to say so.
  3. You Can Ask Questions. You have the right to ask why you have been pulled over. Most law enforcement officers will inform you of what their probable cause was for pulling you over as soon as they approach your vehicle. However, if they do not come right out and say why they pulled you over, you may ask.
  4. You Can Ask to Speak With Your Lawyer. If the situation goes beyond the standard ticket issuance, and the police want to search your car or something similar, you have the right to request that you speak to your lawyer. You may then answer questions that the officer has in light of your lawyer’s advice. You also do not have to consent to a search of your vehicle without a warrant.  
  5. You Have the Right to Refuse a Breathalyzer Test. While there are consequences under the law for refusing a breathalyzer test, such as the automatic suspension of your driver’s license, you are well within your rights to refuse to submit to one at the officer’s request.

Contact Us for Professional Representation

Traffic tickets are a serious matter, and an experienced traffic violation lawyer can help you defend against your traffic citation. Please do not hesitate to contact a Rolling Meadows traffic offenses attorney immediately. Let our attorneys provide you with exceptional representation in your case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1815&ChapterID=49&SeqStart=81900000&SeqEnd=84800000

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