Search
Facebook Twitter Google Our Blog
The Law Offices of Christopher M. Cosley
24 HOUR ANSWERING | 847-394-3200
SERVICE

1855 Rohlwing Road, Suite D, Rolling Meadows, IL 60008

24 HOUR ANSWERING SERVICE

Archive for the ‘traffic offenses’ tag

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

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

How is Reckless Driving Proven in Illinois?

December 28th, 2017 at 5:38 pm

reckless driving charges, reckless driving citations, Rolling Meadows reckless driving lawyer, traffic offenses, traffic violationsReckless driving, as defined under section 625 ILCS 5/11-503 of the Illinois Code, is committed in Illinois when a driver (a) drives with a willful or wanton disregard for the safety of people or property, or (b) knowingly uses an incline, bridge approach, railway crossing, or hill to make their vehicle go airborne. Furthermore, any person who drives recklessly and as a result causes permanent disability/disfigurement or great bodily harm to another can be convicted of aggravated reckless driving. But how can it be proven that someone drove recklessly? Reckless driving cases differ from case to case; however, consider the following various approaches that are commonly used to prove acts of reckless driving in Illinois.

Approaches Commonly Used to Prove Reckless Driving

If you choose to fight a reckless driving ticket in Illinois the opposition will be forced to present evidence in court establishing that you either drove with a willful or wanton disregard for safety or that you intentionally made your vehicle go airborne. This can be proven in a variety of different ways, but before discussing these various approaches let us take a quick look at what constitutes “willful or wanton” conduct.

Willful and wanton conduct is one of those legal phrases that can be a bit hard to pin a precise definition to, but in the context of reckless driving cases it is best to think of it as conduct that is engaged in with a conscious disregard for, or a with a reckless indifference to, the potential consequences of such an action.

Proving that a driver acted with willful or wanton disregard for safety is often accomplished in reckless driving cases via one or more of the following types evidence:

  • Eyewitness Evidence: Generally the police officer who issued the reckless driving citation at issue will testify to the manner in which he or she personally witnessed the accused driving. Other eyewitnesses, perhaps someone who got into an accident with the accused, may also be called forward to testify about what they saw.
  • Video Evidence: Nowadays, many police cruisers are equipped with dashboard cams and if such a camera captured the manner in which you were driving prior to being pulled over then this video may be presented as evidence against you. Additionally, footage captured on a cell phone by a witness may also be available as people frequently film the unusual behavior of others on their smartphones these days.
  • Radar Evidence: Many reckless driving citations issued in Illinois are based solely on a driver’s speed. When this is the case the issuing police officer will have likely captured evidence of your speed on their radar gun and will present such evidence, along with proof that his or her radar gun was properly calibrated, in court.

Charged with Reckless Driving in Illinois?

If you have been charged with reckless driving in Illinois, experienced Rolling Meadows reckless driving lawyer Christopher Cosley is here to help. Mr. Cosley has extensive experience providing legal assistance to clients who have been charged with a wide array of different traffic violations and would be happy to assist you. While each case is different, Mr. Cosley is often able to help clients keep traffic offenses off the public record, avoid increased insurance rates, prevent having their driver’s license suspended, and reduce or eliminate the other various consequences commonly associated with traffic violations. To find out what The Law Offices of Christopher M. Cosley can do for you schedule an initial consultation at our Rolling Meadows office today.

Source:

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

Hit and Run Accidents in Illinois

September 25th, 2017 at 7:47 pm

hit and run accidents, property damage, accident scene, car accident, traffic offensesAccording to the Daily Herald, the Illinois State Police are searching for a semi truck driver who fled after hitting a 48-year-old tollway maintenance worker recently. The victim was picking up trash on the shoulder of the southbound Tri-State Tollway when the trucker allegedly hit him and sideswiped his parked vehicle. The driver did not stop and, sadly, the worker passed away from his injuries.

Fleeing the scene of an accident is illegal in Illinois and if the driver is found by the authorities, then he or she will undoubtedly find himself or herself in a world of legal trouble.

Fleeing the Scene of an Accident

Under code section 625 ILCS 5/11-401 of the Illinois Compiled Statutes, any driver who is involved in a motor vehicle accident involving personal injuries or death is legally obligated to immediately stop his or her vehicle.

Drivers are required to remain at the scene of the accident until they have fulfilled the exchange of information and rendering aid requirements outlined in code section 625 ILCS 5/11-403. Any driver who fails to abide by these requirements because they fled the scene of the accident is guilty of a “hit and run.”

Additionally, it should be noted that that is also illegal to flee the scene of an accident that results only in property damage. In other words, even if no one was injured in the accident you are still generally required to stay at the scene of the accident if the accident caused property damage. For example, code section 625 ILCS 5/11-402 states that any driver involved in an accident resulting in damage to a vehicle which is attended must immediately pull over and exchange information.

Penalties

Anyone who is arrested for a hit and run in Illinois which resulted in personal injuries or death can be subjected to chemical testing for drugs and/or alcohol and can be charged with a Class 4 felony, which is punishable by imprisonment for up to three years and a fine of up to $25,000.

However, a hit and run offender can instead by charged with a Class 2 felony (which is punishable by imprisonment for up to seven years and a fine of up to $25,000) if aggravating circumstances are present, or a Class 1 felony (punishable by imprisonment for up to 15 years and a fine of up to $25,000) if the hit and run resulted in the death of another person.

Additionally, anyone who flees the scene of an accident that resulted only in property damage to an attended vehicle can be charged with a Class A misdemeanor, which is punishable by up to one year in jail and a fine of up to $2,500.

Charged With a Traffic Offense? Contact a Local Traffic Violations Defense Lawyer

Attorney Christopher Cosley, sole attorney at The Law Offices of Christopher M. Cosley, is a well respected Rolling Meadows traffic violations defense attorney who has extensive experience defending clients charged with hit and runs, as well as a wide variety of other traffic offenses. Contact our office today for assistance.

Source:

http://www.dailyherald.com/news/20170918/tollway-worker-killed-in-hit-and-run-crash-along-the-tri-state

The Consequences of Driving Without Insurance in Illinois

September 18th, 2017 at 9:32 am

Rolling Meadows criminal defense attorney, driving without insurance, traffic offenses, Illinois traffic offense, suspended driver's licenseIn Illinois, drivers are required by the Illinois State Legislature Vehicle Code to carry at least a minimum amount of auto insurance. Currently, in order to meet our state’s auto insurance requirements, Illinois drivers must carry at least the following amounts of liability insurance:

  • $25,000 for bodily injury per person,
  • $50,000 for bodily injury coverage per accident,
  • $20,000 for property damage,
  • $25,000 for uninsured motorist bodily injury coverage per person, and
  • $50,000 for uninsured motorist bodily injury coverage per accident.

Some people mistakenly believe that driving without adequate auto insurance in Illinois is not a big deal; however, in reality, drivers who are caught failing to meet our state’s insurance requirements suffer a number of different consequences, the most severe of which are outlined below.

Fines for Driving Without Adequate Insurance

Under code section 625 ILCS 5/3-707 of the Illinois Compiled Statutes, fines for a first offense of driving without adequate auto insurance in Illinois range from $500 to $1,000 while repeat offenders are required to pay a $1,000 fine for an ordinary violation and a $2,500 fine if they were caught after causing an accident in which someone else was injured.

Additionally, Illinois residents who are convicted of driving without adequate insurance also have to pay an additional $100 reinstatement fee to get their driving privileges back if their driver’s license is suspended because they drove without adequate insurance.

Other Consequences

Illinois residents who are caught driving without adequate insurance can also have their driver’s licenses suspended. Generally speaking, a first time offender will have his or her driver’s license suspended for three months, at the end of which the license will be reinstated if the offender is able to show proof of insurance and pay the reinstatement fee.

However, each license suspension comes with certain provisions that must be abided by or else the suspension will be extended for an additional six months. Furthermore, it should be noted that driving on a suspended licenses in Illinois is a Class A misdemeanor that is punishable by up to one year in prison and a fine of up to $2,500.

Additionally, a driver who has been caught driving without adequate auto insurance may find that when he or she is able to obtain insurance, he or she will be required to pay higher insurance rates than drivers who do not have such a blemish on their record.

Consult With a Local Attorney

If you have been caught driving without adequate insurance in Illinois, then you are likely facing fines, having your driver’s license suspended, and perhaps other additional penalties. However, the Law Offices of Christopher M. Cosley may be able to help.

Attorney Chris Cosley is an experienced Rolling Meadows criminal defense attorney who tirelessly fights for his clients’ rights and driving privileges and helps them avoid criminal convictions whenever possible. Contact the office today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K3-707

City Admits Wrongdoing When Trying to Fix Previous Error on Red Light Tickets

June 26th, 2017 at 7:00 am

red light tickets, Rolling Meadows traffic ticket lawyer, speeding tickets, traffic offenses, traffic violationsThe city of Chicago had inaccuracies on 1.9 million red light and speed-camera tickets. In an attempt to correct this mistake, it appears that Mayor Rahm Emanuel may have exacerbated the issue.

City Hall sent mail to recipients of the red light and speed camera tickets. The letters received attempted to offer another chance to appeal the tickets in court. The measure is widely identified as an effort to ward off a class-action lawsuit, pleading that the city failed to provide ticket holders enough time or notice to challenge their tickets.

One Cook County resident received five red light camera tickets for which she could only make out two of the videos. She was quoted as saying, “It’s alarming that they would do something like this.”

An official spokesman, Michael Claffey, indicated that the process to correct the fault in the system denying people adequate notice to contest their tickets would take considerable time to rectify.

Cook County offered no explanation for the issue, but opined that the malfunction might have been a result of the high traffic on the city’s website. The offer from the city to allow ticket holders another opportunity to appeal their tickets comes after a Cook County Circuit Judge denied a motion from the city to dismiss a class-action suit alleging the city violated due process by failing to provide adequate notice.

A Chicago attorney stated, “the Emanuel administration’s effort to force people to relitigate the city’s illegal behavior is a sham.” That same attorney explained that out of the 37 cases related to these red light cameras, 18 had no photographs or videos.

Need to Contest a Red Light Camera Ticket?

If you or a loved one has received a ticket in the mail from a red light camera or speed camera, you may have an opportunity to fight it. Rolling Meadows traffic ticket lawyer Christopher M. Cosley is an experienced and proven defense lawyer who represents his clients in a litany of issues relating to traffic violations.

Do not blindly accept that you have no options when you receive a ticket. Call The Law Offices of Christopher M. Cosley at 847-394-3200 to schedule your initial consultation. Or, visit our website www.cosleycriminaldefense.com. Our 24-hour answering service is designed to get you the advice you need when you need it.

Source:

http://www.chicagotribune.com/news/watchdog/redlight/ct-red-light-camera-notices-0108-20170106-story.html

Traffic Citations and Your Driving Record in Illinois

May 24th, 2017 at 7:13 am

traffic citations, Rolling MeadowsStandard moving violations will usually stay on your driving record for up to five years from the time you are convicted, according to the Illinois Secretary of state. Standard moving violations include:

  • Speeding;
  • Disobeying a stop sign;
  • Disobeying a traffic light; and
  • Improper lane usage.

However, traffic violations whose penalties result in a suspension or revocation can stay on your driving record for at least seven years. That timeline will not start until the date you get your license reinstated.  The caveat to that general rule are traffic violations that include alcohol or drugs, like a DUI for example. Those kinds of convictions may stay on your Illinois driving record for the rest of your life.

Is There Any Way I Can Keep a Traffic Ticket Off My Driving Record?

That is a question for your Cook County traffic violation attorney. Generally, the only way to accomplish that is to receive court supervision as a punishment for your traffic violation or getting the charge dropped or dismissed.

Traffic violation convictions not only cause your insurance rates to increase but they also count as points towards getting your license suspended. When faced with a traffic violation, it is important that you speak with an experienced and knowledgeable traffic violation defense lawyer to give you the best shot at keeping traffic infractions off of your record.

Understand Your Rights

It is important that you understand what rights you have at a traffic stop. When a police officer stops you and begins asking questions, it is usually not polite conversation. He or she is beginning their investigation into whether or not you have committed a moving violation or a more serious offense.

The majority of convictions in Illinois occur as a result of an arrestee giving more incriminating evidence than was necessary to the police.  Questions that are appropriate to answer include but are not limited to the following:

  • What is your name?
  • Where are you going?
  • Do you have your driver’s license?
  • Do you have proof of insurance?
  • Do you know why I have stopped you? (simple yes or no)

Questions and request intended to incriminate you include:

  • Can I search your car?
  • Have you been drinking?
  • Do you have anything illegal in the car?

When You Need a Lawyer

The criminal justice system is a complex terrain that requires a knowledgeable and experienced Rolling Meadows criminal defense lawyer. Attorney Christopher M. Cosley is a respected and proven attorney. At The Law Offices of Christopher M. Cosley, you will receive dedicated and compassionate representation. Contact us at 847-394-3200, 24 hours a day, to schedule your consultation and get the representation you deserve.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=49&ActID=1815

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

Avoiding Illinois Roadblocks

March 16th, 2016 at 6:55 am

avoiding Illinois roadblocks, Rolling Meadows Traffic Offenses LawyerMost Illinois drivers have encountered a law enforcement imposed roadblock during their time. Law enforcement use roadblocks to conduct DUI checks, while also completing license checks and tags and registration checks on the drivers and their vehicles that pass through the roadblock. However, drivers may not understand their rights when it comes to roadblocks. In the event you encounter a roadblock, it is important to understand your rights.

Avoiding a Roadblock Before You Get to It

Many people can tell when they are approaching a roadblock. Traffic backs up, flashing lights are seen in the distance, and some vehicles may turn around to find an alternative route. As a driver, you may not be interested in waiting in order to proceed through the roadblock. You may be in a hurry to get home after work, may know a shortcut around the roadblock, or may simply lack the patience required to answer probing questions from law enforcement. Whatever your driving motivation is, you might decide to try and avoid the roadblock.

While the Third District Court of Illinois has held that it is legal for a driver to avoid a roadblock, be careful if you do. Sometimes law enforcement uses a roadblock for dual purposes: to check the drivers who voluntarily go through the checkpoint and to carefully watch those drivers who turn away for any reasonable suspicion to warrant pulling over the driver that turned away from a roadblock.

It is a logical line of thinking that a driver who is avoiding a roadblock is trying to hide something. Yet it is also a prejudiced line of thinking. Hence, that is why law enforcement must be able to articulate facts and reasoning for pulling over a driver who has avoided a roadblock; still, the reason for the stop must be for something other than avoiding the roadblock.

Turning away from the roadblock in and of itself may not be illegal, but police might carefully scrutinize drivers who turn away for any other reason to make a traffic stop. For instance, if the driver commits a traffic violation when avoiding the roadblock (i.e., makes an illegal turn or speeds away), if the passenger and the driver switch places, or if the driver who is avoiding the roadblock acts suspiciously, this could be enough to create a reasonable suspicion that the driver is up to no good. If law enforcement can articulate facts as to why the traffic stop was warranted after a driver avoided a road, then the stop was most likely legal and justified.   

Can We Assist You?

When you are arrested either at a roadblock or because of other circumstances when you tried to avoid a roadblock, you have rights. An experienced criminal defense lawyer will work hard to fight for you. Please do not hesitated to contact a dedicated Rolling Meadows traffic offenses lawyer at our office. We are eager to help you today.

Source:

http://www.ghsa.org/html/stateinfo/laws/checkpoint_laws.html

Back to Top Back to Top Back to Top