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Archive for the ‘traffic ticket’ tag

Traffic Ticket FAQs

August 7th, 2019 at 9:48 am

IL traffic ticket attorneyAny time someone is pulled over for a traffic ticket, they have many questions. Will they have to go to court? Will they lose their license? Is traffic safety school an option? These are just a few of the most common questions criminal defense attorneys in Rolling Meadows are asked every day. The answers to them, and to other frequently asked questions about traffic tickets, are below.

What Should I Do if I Am Pulled Over?

If you are pulled over, it is best to cooperate with police. Turn off your engine and radio, and keep your hands visible. Do not reach for your driver’s license or insurance information until the officer asks to see them. Remain calm and friendly, and do not argue with the officer.

Do not admit guilt, even if the officer asks if you know why they pulled you over. The officer could be recording your response so they can use it against you later in court. Cooperate fully and, if the officer issues a traffic ticket, contact an attorney.

Do I Need an Attorney for a Traffic Ticket?

For certain offenses, such as driving over 26 miles per hour the posted speed limit, you will absolutely need an attorney to represent you in court. Sometimes though, even minor traffic offenses will require an attorney, depending on the facts of your case, such as if you have several points on your license already. After receiving any traffic ticket, you should call an attorney that can advise you of your legal options.

Will I Have to Go to Court?

Your traffic ticket will state whether you have to attend court for the offense. In most cases, drivers only have to appear if a conviction will result in jail time or an automatic license suspension. However, mailing in payment for the offense is considered a guilty plea. This is entered onto your public driving record, which can place you at risk for suspension in the future. As such, you may choose to go to court to fight the ticket, even if you are not required to.

Will I Lose My License?

In Illinois, drivers over the age of 21 that receive convictions for three moving violations in the span of one year will likely have their license suspended. Drivers under the age of 21 must only have two convictions for moving violations over the course of two years to have their license suspended. Certain offenses include penalties of automatic license suspension. These offenses include passing a stopped school bus or failing to yield to an emergency vehicle.

Will My Auto Insurance Rates Increase?

If you are convicted of a traffic violation, your auto insurance rates will likely increase. The amount they increase will depend on the nature of the situation and the offense you received the ticket for. If the ticket is dismissed, you are placed on court supervision, or are found not guilty, the offense is not made part of your public driving record. As such, your auto insurance rates will not increase.

Is Traffic Safety School an Option?

Individuals with a clean driving record are sometimes placed on court supervision and given the opportunity to attend traffic safety school. This is a good option, as you will not be convicted of the offense, and the ticket will not appear on your public driving record. As such, you will be less likely to lose your license in the future, and your insurance rates will not increase. While you may be able to request traffic safety school by mail, these cases are most successful when you appear in court to make the request.

Contact an Illinois Criminal Defense Lawyer for Help with Your Ticket

Getting a traffic ticket does not sound like a major event to many. However, under certain circumstances, traffic tickets can have a very detrimental impact on those that receive them. If you have received a ticket and are worried about losing your license or have to appear in court, you must speak with our skilled Rolling Meadows criminal defense lawyers today. Call the Law Offices of Christopher M. Cosley at 847-394-3200 or contact us online for your free consultation. We will help prepare you for court and give you the best chance of keeping your license.

 

Sources:

https://www.einsurance.com/insurance-guide/illinois/auto-insurance/

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh.+6+Art.+II&ActID=1815&ChapterID=49&SeqStart=85500000&SeqEnd=87500000

Three Things to Keep in Mind When Dealing With Traffic Tickets in Cook County

July 23rd, 2018 at 12:18 pm

drivers license points, Rolling Meadows traffic ticket attorneys, traffic offenses, traffic ticket, auto insurance ratesNo one likes receiving a traffic ticket. Seeing the red and blue lights in your rear-view mirror is likely not what you hope for when out on the road. Traffic tickets become a burden to those receiving them as they try to deal with the consequences and determine the next steps to take. No matter the inconvenience or the burden that is felt, traffic tickets cannot be ignored. 

Traffic Tickets Affect Your Insurance Rates

While it is true that there are traffic offenses that require paying a small fine and nothing more, this is not the case in every instance. The consequences of a traffic ticket can affect a person’s life even after paying the fine. Auto insurance rates are usually calculated by taking into consideration a person’s driving history. Traffic tickets and offenses increase the rates of your auto insurance that is required to drive in Illinois.

Traffic Tickets Add Points to You License

In Illinois, different traffic and driving offenses amount to “points” on a person’s driving record. The Illinois point system serves to keep track of the offenses one commits while driving and assign the appropriate punishments when necessary. The most extreme situation that can occur as a result of points being added to a driving record is the suspension or revocation of a license. Each violation, from moving violations to driving under the influence, amasses a certain amount of points. At a certain point, there are simply too many points on one’s driving record for the state of Illinois to continue to allow a person to drive on the road.

Traffic Tickets Can Result in More Than Just Fines

Many people think they can simply pay the fine associated with the ticket and move forward with their life. This is not true. As stated above, there are consequences far beyond the fine. Paying a fine will likely end your responsibility to the traffic ticket; however, it does not stop the consequences that extend further.

Contact Us Today for Help

If you have received a traffic ticket, an experienced traffic ticket attorney can help you mitigate the damages caused by the ticket and, in some cases, even get any charges dismissed.

Contact the dedicated Rolling Meadows traffic ticket attorney at The Law Offices of Christopher M. Cosley to help deal with your traffic ticket and advise you on getting the best possible outcome under the circumstances surrounding the ticket. 

Source:

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

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

How to Fight Your Traffic Ticket

January 23rd, 2017 at 11:01 am

traffic ticket, Rolling Meadows Traffic Violations Lawyer Admittedly, no one enjoys getting a traffic or speeding ticket in Illinois. Getting a ticket can be inconvenient, costly, and time-consuming. Many people find the whole process of being issued a ticket, and then having to deal with the aftermath of the ticket, to be immensely frustrating. Indeed, that is why so many people simply go to the courthouse or go online to pay the fine associated with their traffic citation. Still, what a lot of people do not realize is that by simply paying the fine associated with your traffic citation, you are effectively pleading guilty or no contest to the alleged traffic offense.

By pleading not guilty or no contest the  alleged traffic offense, there are many additional consequences that go along with the payment of your traffic citation fine. For instance, it could also result in:

  • Points being added to your driving record;
  • The loss of your driver’s license;
  • Increased automobile insurance premium; and  
  • Attendance at a mandatory driver’s education program.

Needless to say, the consequences associated with pleading guilty or no contest to a traffic violation are many and serious. That is why it is so critically important that you fight your traffic ticket if you do not believe that you have broken the law. By working with an experienced traffic citation defense lawyer, you can fight against the charges pending against you and get your traffic offense dropped, dismissed, or reduced. You need to protect your rights and you should receive fair treatment under the law if you have been issued a traffic ticket. An experienced traffic offenses attorney can help you fight your traffic citation.

What Does it Mean to Fight a Traffic Ticket?

In Illinois it is not very difficult to indicate to the traffic court that you would like to fight your traffic ticket, although the rules regarding traffic court do vary from county to county. As a general rule, the way that you would initiate your fight is by pleading not guilty to the alleged traffic offense. You will need to make sure that you plead to the appropriate traffic court, i.e., the court that is designated on your traffic citation, and in the appropriate manner. Once you have pled not guilty, you will be scheduled to appear in traffic court where you will present to the judge your case as to why you are not guilty.

Let Us Help You with Your Case

It is to your benefit to retain the services of an experienced traffic violations defense lawyer when fighting your traffic citation. A traffic violations lawyer will know the specifics of the traffic court, can help you build your case, and can represent you in court. If you believe that you were issued a traffic ticket in error, then you should consult with an experienced Rolling Meadows traffic violations lawyer about fighting your ticket.

Source:

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

A Violation of Scott’s Law Is A Serious Traffic Offense: Fight The Charges

July 7th, 2016 at 9:00 am

Illinois traffic violations, Rolling Meadows Traffic Offenses Lawyer, Scott's LawIllinois drivers are required to respect and protect emergency workers while driving on roadways. This means acknowledging and respecting an emergency vehicle’s need to get somewhere much faster than your average driver and getting out of the way so that emergency vehicles and personnel can get to where they need to go as quickly as possible. It also means moving over on the highway to give a stationary emergency vehicle as much room as possible.

Codified at 625 ILCS 5/11-907, the law that protects emergency vehicles and emergency personnel is referred to as Scott’s Law, after Scott Gillen, a Chicago Fire Department Lieutenant who was killed by a passing motorist while trying to do his job. The law is necessary because emergency workers face many dangers when responding to accidents and trying to save lives.

Getting To An Emergency

Other drivers on the road are supposed to get out of the way for an emergency vehicle that is using its flashing lights and/or its audio signal. Drivers are supposed to pull over and move out of the way so that an emergency vehicle has a path to maneuver through traffic. A driver that does not get over reasonably can be reported by the emergency vehicle, and the driver could end up with a ticket.

It is possible that the driver was unable to get out of the way quickly, or that it would have been unsafe for the driver to yield the right of way to the emergency vehicle. Perhaps a mechanical failure caused the driver’s car to stall out, and the driver was unable to get out of the way. There may be reasonable defenses for not having yielded to the emergency vehicle, and these reasons or defenses should be raised when fighting the ticket.

Responding To An Emergency

Under Scott’s Law, drivers are also supposed to attempt to get over as far as possible when passing a stationary emergency vehicle on the side of the road. This is to protect the emergency responders. Whether the emergency vehicle is an ambulance, fire truck or police vehicle, when and if possible, other drivers should get over as far as safely possible.

A driver could be issued a ticket if, for example, the driver approached a police vehicle that was stationary on the right-hand side of the road, and remained in the right-hand lane, although there was plenty of room for the driver to move to the left-hand lane safely while passing the stationary officer vehicle. Law enforcement officers take the safety of other officers and emergency workers very seriously and will issue you a ticket if you do not move over for stationary emergency vehicles.

Let Us Help With Your Ticket

Any traffic ticket can be challenged, even tickets issued for a violation of Scott’s Law. If you have been cited for a traffic violation, you should contact an experienced Rolling Meadows traffic offenses lawyer as soon as possible after receiving your ticket to help protect your rights.

Source:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-907

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

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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