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When you receive a traffic ticket in Chicago, simply paying it and moving on may seem like the easiest option. However, it’s important to remember that when you pay a traffic ticket you are pleading guilty and likely receiving a conviction against your record. In many cases, you are actually better off hiring an experienced attorney to explore other options such as fighting your ticket. Some consequences of paying your citation include:

  • Multiple moving violations can lead to a suspended or revoked license.
  • Traffic tickets can cause increases in your insurance premiums.
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The Illinois Secretary of State can suspend or revoke your driver’s license for a variety of reasons. A license suspension lasts for a set period of time. After it ends, you can automatically regain your driving privileges after paying a reinstatement fee to the Secretary of State. Depending on the reason(s) for the suspension, there may be additional conditions before full license reinstatement such as completion of a remedial driving course.

In contrast, a license revocation lasts for a minimum of 1 year or longer depending on the violation that caused the revocation and your overall record of previous violations. On or after the termination date of your revocation, which is called your “projected eligibility date”, you will need to appear for a hearing before the Secretary of State in order to regain any driving privileges. These hearings can be complex and often result in a denial.

It should also be noted that you may be eligible to apply for a restricted driving permit during the period of suspension or revocation. In certain cases, regardless of your projected eligibility date for full reinstatement, you may be required to drive on a breath alcohol ignition interlock device (“BAIID”) for a period of 1-5 years before being eligible to be considered for unrestricted driving.   

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Individuals convicted of DUI often ask our license reinstatement attorneys when they will be eligible to obtain their full driving privileges. This question has become more and more complicated due to changes that have occurred in Illinois law over the last several years.

Generally, in order to determine an accurate eligibility date, the driver must take two factors into account: the length of the statutory summary suspension (“SSS”) and the length of the DUI revocation. The length of the SSS can be anywhere from 6-months to 3-years depending on whether the person is a first offender or second (or subsequent) offender and whether they refused chemical testing or submitted to (and failed) testing. For purposes of the SSS, a first offender is a person who has not had a prior DUI disposition within 5-years of the current arrest:

Length of SSS

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In Illinois, the law does not specifically require that a police officer show the radar to the driver in order to prove the speed alleged, even if the driver requests to see it. Many drivers believe that this requirement exists and that the failure to do so is a reason to have the speeding ticket dismissed. Unfortunately, that is not the case.

Officer’s Choice to Show the Radar Gun

Occasionally, an officer will agree to show the driver the radar device in order to build trust with the driver, but the failure to do so is not a defense against a charge of speeding. Many police officers argue that allowing a driver to walk back to their squad vehicle to view the radar is a safety risk for both officers and drivers.

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When calculating the true cost of a DUI in Illinois, you must consider both the financial and more importantly, the non-financial costs associated with a DUI arrest.

Financial Cost of a DUI

The financial costs of a DUI can be substantial. Most DUIs are charged as Class A misdemeanors, which carry a fine of up to $2,500.00 plus mandatory court costs and assessments. Court costs and assessments, which are set by law and which the judge has no control over, are approximately $1,400.00. Additionally, there are also expenses associated with the following:*

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A conviction for a traffic ticket resulting from an accident, which caused personal injury or death, may result in the suspension or revocation of your Illinois driver’s license. 

We often receive requests for help from drivers who have been involved in personal injury or fatal accidents and, as a result of being convicted of a minor moving violation, have unexpectedly received a notice of suspension or revocation of their driver’s license from the Illinois Secretary of State.

In many of these cases, these drivers were assured by the court, a prosecutor or even their own attorney that by pleading guilty they would suffer no further legal consequences. However, under Section 625 ILCS 5/6-204(a)(4) of the Illinois Vehicle Code and Chapter 92, Section 1040.46 of the Illinois Administrative Code, a conviction for even a minor moving violation which is the cause of a personal injury or death may result in the suspension or revocation of your driver’s license and privileges.

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Typically, you are only required to appear in court if your traffic ticket is marked as “Must Appear” or “Court Appearance Required”. On most tickets, a box will be checked by the officer that confirms whether you need to appear in court.

These traffic tickets will also contain a court date, time and location.  Traffic tickets that have a required court appearance are most often issued for violations that create a great potential for harm or carry mandatory minimum penalties such as an automatic driver’s license suspension. For many of these cases, it may still be possible for a traffic attorney to appear on your behalf and avoid the need for you to be personally present in court.

Traffic tickets that indicate “No Court Appearance Required” will also contain options such as how to pay the ticket or request a court date. While you may be told that these traffic violations are punishable only by a fine, there is more to first consider before just paying the ticket. Paying a moving violation will result in a conviction being reported to the Secretary of State. A conviction will appear on your public driving record and can negatively impact your insurance rates.

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The Secretary of State has enacted new rules, which became effective on January 1, 2022, addressing out-of-state petitions for reinstatement; formal hearing procedures; informal hearing eligibility; time limits to complete restricted driving permit and reinstatement requirements; designation of four (4) different types of restricted driving permit and standards governing each type; using the restricted driving permit for other reasons; breath alcohol ignition interlock device (BAIID) violations; definition of a “DUI disposition”; updated evaluations; opiate substitution programs; medical cannabis; and prescribed opiate medication.

Additional details regarding these new rules can be found on this earlier blog post.

Attorney Larry A. Davis of The Davis Law Group, P.C. represented the Illinois State Bar Association in negotiations with the Secretary of State’s office in finalizing these new rules. If you have a driver’s license issue and would like to discuss your case, feel free to contact us.

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OUT-OF-STATE PETITIONS

ALL OUT-OF-STATE PETITIONS MADE BY WRITTEN APPLICATION INSTEAD OF AN IN-PERSON APPEARANCE WILL BE CONSIDERED INFORMAL HEARINGS – 1001.100(b)

Written applications by out-of-state residents will no longer be considered formal hearings conducted pursuant to 625 ILCS 5/2-118. Accordingly, these applications will not be required to be accompanied by the $50.00 application fee. Decisions from these informal hearings will not constitute final administrative decisions and, therefore, will not be subject to the provisions of the Administrative Review Act. 1001.100(b)(3) and 1001.300(a). 

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Lake County Traffic Attorneys

Our Lake County Traffic Attorneys provide professional representation to those issued traffic violations throughout Lake County. Lake County traffic tickets are assigned to one of three branch courthouses depending on the police department that issued the citation.

  1. Mundelein Branch Court located at 105 East State Route 83, Mundelein, IL 60060
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Contact Information
Northfield Office (Main Office)
191 Waukegan Rd
#305
Northfield, IL 60093
Main: (847) 390-8500 Fax: (847) 390-8100
Chicago Office
420 W Huron St
#212
Chicago, IL 60654
Phone: (312) 736-2052
Waukegan Office
5 S County St #1N
Waukegan, IL 60085
Phone: (224) 532-9826
We serve the following localities: Cook County including Chicago, Rolling Meadows, Skokie, Bridgeview, Maywood, and Markham; Lake County including Waukegan, Mundelein, Park City, and Round Lake Beach; DuPage County including Wheaton, Addison, Downers Grove, and Glendale Heights; and Will County including Joliet and Bolingbrook.

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