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Archive for the ‘speeding’ tag

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

Reckless Driving in Illinois

May 18th, 2018 at 10:00 am

reckless driving, traffic offenses, reckless driving charges, speeding, Class A misdemeanorWhile many believe reckless driving to be a minor offense, in reality it can lead to serious consequences that have lasting effects. As such, if you have been charged with reckless driving in Illinois, we ask you to reach out to us today for professional help.

What is Reckless Driving?

In Illinois, reckless driving is governed by statute 625 ILCS 5/11-305. There are two situations in which a person can be found guilty of reckless driving:

  1. A person who drives “with willful or wanton disregard for the safety of persons or property” is said to be driving recklessly; and
  2. A person who knowingly drives “a vehicle and uses an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne” is driving recklessly.

Common examples of reckless driving include a person who is driving at a high rate of speed, someone who is driving erratically, or any other type of driving that might rise to the level of negligent driving. Driving erratically includes drivers who swerve in and out of lanes without notice and without the use of their turn signals.

Penalties in Illinois

If you are found to be driving recklessly in Illinois, the penalties are much higher than with a minor speeding ticket or traffic violation. Reckless driving is considered a Class A misdemeanor. A Class A misdemeanor carries up to 364 days in county jail and the potential for a fine up to $2,500. Additionally, a charge of reckless driving on your driving record also means points added to your license.

If you do not want to have a reckless driving charge on your driving record, there is the potential for an alternative penalty. Instead of the charge being added to the record, a driver can be placed under supervision. Supervision usually requires the payment of a fine, attendance and completion of Traffic Safety School, or both. However, once you use the supervision for the reckless driving charge, you can no longer be eligible for supervision for any additional reckless driving charges, or for a first DUI charge.

Additional Consequences to Reckless Driving

Upon conviction, you will receive fines, court costs, jail time, or possible supervision. There are other consequences to consider in a reckless driving charge, or any traffic-related offense:

  • License Suspension: The Illinois Point System has a three-strike rule. This means that if you receive three moving violations within a 12-month period, you may have your license suspended, although this may depend on your individual circumstances.
  • Increased Insurance Rates: With the addition of points on your license, your insurance premiums will likely go up.

We Can Help You Today

If you have been charged with reckless driving and want to hear about the options available to you, contact the Law Offices of Christopher M. Cosley. A dedicated Rolling Meadows criminal defense attorney at our office is equipped with the knowledge and skill to explain your options and get the best results possible.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-503

http://www.cookcountycourt.org/ABOUTTHECOURT/MunicipalDepartment/FirstMunicipalDistrictChicago/TrafficSection/CourtSupervision.aspx

The Consequences of Speeding in a Construction Zone

February 23rd, 2018 at 8:22 am

Rolling Meadows criminal defense attorney, speeding, traffic offenses, construction zone speeding, traffic violationsSpeeding in any area is an offense punishable by hefty fines. This is especially true in construction zones. Workers are in these areas performing road maintenance and it is important to slow down and watch for them. Plus, heavy equipment is often in use and these vehicles can cause serious damage to you and your vehicle.

Statistics show, however, the motorists are more likely to be injured or killed in construction zone accidents than workers. Between 2010 and 2014, there were an average of 27 fatalities each year. Only an average of  two of those involved workers.

Traffic violations in construction zones are no laughing matter. While most violations involve speeding, using your cell phone, or failing to yield can also get you a ticket. The speed limit in a construction zone is 45 mph. If you are given a ticket for exceeding this speed limit, you will face a $375 fine and be ordered to appear in court. The penalties get much steeper on subsequent offenses. If you are caught a second time, the fine goes up to $1,000 and you will have your license suspended for 90 days.

If you pay the ticket, you will be convicted of the crime. The conviction will go on your driving record. You will be assessed points, which will make your car insurance premiums go up. If you have too many points on your driving record, your license could be suspended.

As you can see, something as simple as going too fast in a construction zone can wreak havoc on your driving record, and your wallet. That is why it’s important to know the laws and find out what you can do if you are given a ticket.

What the Law Says

Under Illinois Law 625 ILCS 5/11-605.1, a motorist may not exceed the speed limit in a construction zone (45 mph), whether or not workers are present. Electronic speed-detecting devices may be used in construction zones.

Construction zones are defined as areas in which a government agency has posted signage advising motorists that they are approaching a construction or maintenance speed zone and that a special speed limit sign must be posted because the preexisting established speed limit is considered unsafe. The signs must be of a pre-approved design, but no flashing lights are required. The signs must adequately warn drivers that they are approaching a construction zone. They must also indicate the maximum speed limit as well as the amount of the minimum fine if the speed limit is violated.

Contact Us Today for Help

Sometimes motorists are not aware of speed limits in special areas. Maybe a construction zone is not properly marked. Perhaps no workers were present and the driver assumed that the speed limit did not apply.

Speed limit laws can be confusing. If you have received a ticket for speeding in a construction zone, The Law Offices of Christopher M. Cosley can help. Passionate Rolling Meadows criminal defense attorney Christopher Cosley can help provide an effective defense. Reach out to us today for more information.

Sources:

http://www.idot.illinois.gov/assets/uploads/files/travel-information/pamphlets-&-brochures/workzone%20il%20fact%20sheet.pdf

http://ilga.gov/legislation/ilcs/documents/062500050K11-605.1.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 Crime of Drag Racing

October 26th, 2015 at 6:46 pm

Illinois defense lawyer, Illinois driving laws, Illinois criminal attorney,Drag racing, sometimes also referred to as street racing, involves at least two vehicles competing in a speed race against one another. Drag racing can be a straight shot, meaning that the racers maintain a straight path, or could be a race along a designated course that comprises public streets, roadways and highways. The object of drag racing is for one driver to arrive at a destination first, and within a short amount of time. However, sometimes the point of street racing is to prevent another vehicle from passing, or is to test the physical limitations and stamina of drivers over the course of a long driving route.

Street racing has been highly popularized over the last decade or so due to its appearance in a number of movies and high profile celebrity deaths. However, drag racing and any other form of racing is illegal on the roads and highways of Illinois under 625 ILCS 5/11-506, and the consequences of being caught participating in street racing activities are severe criminal charges with lasting effects.

Penalties for a Driver Who Was Racing

Punishment for a drag racing driver is based on whether the driver is a repeat offender, and whether anyone was hurt as a result of the racing.

  • As a first offense, street racing is a Class A misdemeanor, carrying a minimum fine of $250;
  • As a second or subsequent offense, street racing is upgraded to a Class 4 felony and carries a minimum fine of $500;
  • If the drag racing results in a motor vehicle accident that causes great bodily harm, dismemberment, or disfigurement to someone, the driver will be charged with aggravated street racing under 625 ILCS 5/11-506(d)(3). Aggravated street racing is a Class 4 felony and is punishable by a jail sentence lasting from a minimum of one year to up to 12 years; and
  • In all instances of street racing, the driver will have his or her driver’s license revoked. License revocations are for an indefinite amount of time, and the only way to get driving privileges back is to appear before the Secretary of State for an administrative hearing and request reinstatement, which takes time, money and often the help of a driver’s license reinstatement lawyer.

You Do Not Even Have to Be a Driver

Not only is it illegal for a driver to engage in street racing, but it is also illegal to be a vehicle owner and knowingly allow another to use your vehicle for street racing purposes under 625 ILCS 5/11-506(b). A conviction for knowingly permitting another to use your vehicle for racing can land you a Class B misdemeanor for a first time offense, and a Class A misdemeanor for a second or subsequent offense.

Call the Law Offices of Christopher M. Cosley

Maybe you were charged with speed racing when in reality you were just speeding, or maybe someone used your car for racing and you had no knowledge that the racing was going to occur. Either way, it is important to fight the charges against you. Contact a skilled Rolling Meadows traffic offenses lawyer immediately at the Law Offices of Christopher M. Cosley. Our phone number is (847) 394-3200.

 

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

The Crime of Reckless Driving

September 7th, 2015 at 8:43 pm

illinois traffic attorney, Illinois defense lawyer, Illinois criminal lawyer,One of the most common traffic violations is reckless driving since so many of a driver’s actions while behind the wheel could be construed as reckless driving. Illinois law enforcement and the courts are strict when it comes to reckless driving charges because the driver’s actions may have:

  • Put others on the roadway at risk;
  • Resulted in property damage to another; or
  • Caused an accident where another person was injured or killed.

What is Reckless Driving?

 According to Section 625 ILCS 5/11-503, reckless driving occurs when a person drives a vehicle with a willful or wanton disregard for the safety of others, or it a person knowingly drives a vehicle so quickly up an inclined roadway, such as a hill or railroad crossing, as to cause the vehicle to become airborne.

The language of Illinois’ reckless driving statute is often broadly construed by law enforcement, and many drivers are ticketed, or even arrested on the spot, after driving at a high rate of speed, swerving between lanes or around other vehicles, tailgating, not using turn signals properly, or aggressively weaving in and out of traffic – all under the pretenses that the driver was operating the vehicle in a way that willfully or wantonly disregards the safety of others on the roadway.

Reckless Driving Charges Are Serious

Reckless driving charges should never be taken lightly. A reckless driving charge is at the very minimum a Class A misdemeanor. However, there are situations where the charges can be upgraded or enhanced. For instance:

  • When reckless driving causes bodily harm to a child or school crossing guard performing his or her crossing guard duties, the reckless driving charges are upgraded to a Class 4 felony;
  • When reckless driving causes great bodily harm or permanent disability or disfigurement of another, the charge is upgraded to aggravated reckless driving, which is a Class 4 felony; and
  • When the reckless driving causes great bodily harm or permanent disability or disfigurement of a child or school crossing guard performing his or her crossing guard duties, the charge is upgraded to aggravated reckless driving, and is a Class 3 felony.

A Reckless Driving Conviction on a Criminal Record

It is important to fight the reckless driving charges that are pending against you because a conviction results in no less than a misdemeanor, which means that you will have a criminal record if convicted. In addition to resulting in a criminal record, a reckless driving conviction can:

  • Result in a year’s worth of jail time;
  • Cost $2,500 in the payment of a fine;
  • Make it so that you are ineligible to have other arrests or charges against you expunged or sealed; and
  • Land you a significant amount of community service.

Call the Law Offices of Christopher M. Cosley

If you have received a citation for reckless driving, you need to fight the charges that are pending against you. Feel free to contact an experienced Rolling Meadows criminal defense lawyer immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 for a consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-503

Decrease in Speeding Tickets in Cook County

December 22nd, 2013 at 8:24 am

speeding ticketOver the last few years, there has been a decrease in the number of speeding tickets issued in and around Chicago.  Based on data from 2010 to 2012, there was a quarter fewer tickets both in the city and in segments of the surrounding counties.

There are a couple of possible reasons for this decrease.  An analysis completed by reporters from the Chicago Tribune has shown that the state police department is very lenient on the state’s expressways.  Most tickets are written when a motorist is going at least 20 miles over the posted speed limit of 55.  Provided that high threshold, it is not likely to find people to give speeding tickets.

Another reason for the decrease in speeding tickets is state-wide budget cuts.  There are fewer troopers on the road which means there are fewer people to give out tickets.

Illinois State Police Commander Patrick Murphy, who is in charge of training troopers, has his own theories.  He said that there are fewer drivers on the road.  In fact, from 2007 to 2011 there was a near 4 percent decrease in miles driven by vehicles in Illinois.  There was also an almost 2 percent decrease in the number of registered vehicles on the road.

Murphy also said that the fines for speeding have increased so much that drivers are taking notice.  The current fee for speeding up to 20 miles over the speed limit is $120. If a driver is caught driving between 20 to 30 miles over the limit, the fee increases to $140. Over that speed and drivers can face fees of $160. In 2014, those fees are set to increase although the penalties are yet to be settled.

Although the amount of tickets has decreased over the years, that doesn’t mean that it is safe to speed.  Law enforcement agencies are looking at other ways to police highways.  They are using air details that hover over traffic and communicate vehicle speed and license plate numbers to local squad cars.  Parked vans are also placed on roads to catch speeders and mail tickets to their homes.

Speeding tickets are very serious.  If you have more than three moving violations during a year, then you can have your license suspended.  If you have been accused of a crime, then seek legal assistance.  Contact a knowledgeable criminal defense attorney in Cook County today.

Reckless Driving Leads to Law Change in Illinois

October 5th, 2012 at 6:30 pm

According to the Chicago Tribune, Lukasz Marszalek, 22, was involved in a fatal crash last year that ended the life of Julie Gorczynski, 17. Marszalek was driving his car almost 80 mph in a 40-mph zone when Julie made a left turn in front of him with her Jeep. She was killed in the ensuing crash.

Marszalek was charged with aggravated speeding, which has a maximum penalty of 180 days in jail. On Tuesday, September 25, Marszalek received the maximum punishment and was sentenced to six months in jail. His original charge was aggravated reckless driving, which is a felony, but it was reduced to a misdemeanor because there was not enough evidence. Marszalek also had previous speeding violations and seven court supervisions, and soon after the crash he got a speeding ticket in Indiana.

A new legislation, called Julie’s Law, that imposes more serious penalties on excessive speeders, was signed in July. Julie Gorczynski’s parents helped in getting the legislation through the Illinois General Assembly. The law prohibits judges from giving court supervision to drivers that are caught driving over 25 mph over the limit on a non-rural road or 30 mph on a highway. Formerly supervision could be granted for drivers traveling up to 40 mph over the limit.

If Marszalek’s supervisions for traffic violations would have been convictions, he might not have had his driving privileges and, in turn, he might not have been driving when the crash took place. In the future, the penalties for traffic violations are going to be tougher. Therefore, it is important to get help from skilled lawyers who can help in these situations and know best how to protect your rights. If you have been charged with a traffic offense, you should contact a dedicated traffic violations defense lawyer in Cook County.

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