If you received a traffic ticket after a car accident and your case is set at the Skokie Courthouse, you should understand your options before paying the ticket. Many drivers assume a crash related ticket is minor because it is not a DUI or criminal charge. In reality, traffic accident tickets can lead to fines, insurance increases, points against your driving record, and even license suspension under certain circumstances.

Our traffic attorneys regularly represent drivers at the Skokie Courthouse and help clients protect their records, minimize penalties, and avoid unnecessary court appearances whenever possible.

Where Is the Skokie Courthouse?

Skokie Courthouse is located at 5600 Old Orchard Rd, Skokie, IL 60077. Skokie Courthouse handles many traffic, misdemeanor and felony matters for the northern suburbs of Cook County, including cases arising from accidents in communities such as Skokie, Evanston, Lincolnwood, Morton Grove, Niles, Glenview, Northbrook, Wilmette, Winnetka, Kenilworth, Glencoe, Northfield, Des Plaines, Park Ridge, and surrounding areas.

If your ticket says you must appear in Skokie, you should be prepared before your court date.

Common Traffic Accident Tickets Issued After a Crash

Police officers frequently issue citations after an accident when they believe one driver caused or contributed to the collision. Common tickets include:

Failure to Reduce Speed to Avoid an Accident

One of the most common accident related citations in Illinois is Failure to Reduce Speed to Avoid an Accident under 625 ILCS 5/11-601(a). This ticket is often issued when police believe a driver was traveling too fast for traffic, weather, or road conditions.

Following Too Closely

Rear end collisions often lead to following too closely citations.

Improper Lane Usage

Lane change accidents may result in improper lane usage or failure to yield tickets.

Disobeying Traffic Control Devices

Accidents at intersections may result in tickets for stop sign or red light violations. These tickets are often issued under the Illinois statute for disobeying a traffic control device.

Driving Without Insurance

If valid insurance cannot be produced at the scene, an insurance ticket will be issued in addition to any alleged moving violations.

Why These Tickets Matter

Even if the accident was minor, the ticket can create serious consequences:

Insurance Premium Increases

A conviction can lead to higher insurance rates for years.

Points on Your Driving Record

Some violations can affect your driving privileges and place you at risk of suspension if you already have prior tickets.

CDL Consequences

Commercial drivers face even greater risks. A traffic ticket conviction can impact employment opportunities and driving eligibility.

Civil Liability Issues

Although traffic court is separate from any injury claim, a plea of guilty can still create problems in related insurance or civil matters.

Can a Traffic Accident Ticket Be Fought?

Yes. Many drivers assume the police officer’s opinion decides the case. That is not true. Accident tickets can often be challenged based on:

• Lack of witnesses
• Inaccurate assumptions by the officer
• Road, weather, or traffic conditions
• Insufficient evidence

In some cases, tickets can be dismissed. In others, a resolution can be negotiated to prevent a conviction on your public driving record.

Do I Have to Go to Court?

In many traffic cases, an attorney can appear on your behalf, saving you time and stress. Whether your appearance can be waived depends on the offense and particular circumstances. Our attorneys frequently appear at Skokie Courthouse and can advise whether you need to attend personally.

Why Hire a Lawyer for a Skokie Traffic Accident Ticket?

Local experience matters. Every courthouse has its own procedures, prosecutors, and expectations. An attorney familiar with Skokie traffic court can help by:

• Reviewing the ticket and crash report
• Identifying defenses
• Negotiating a favorable resolution
• Seeking court supervision when appropriate
• Protecting your driving record
• Appearing in court on your behalf when appropriate

Speak With a Skokie Traffic Ticket Lawyer Today

If you received a traffic accident ticket at the Skokie Courthouse, do not simply pay the ticket without understanding the consequences. A quick consultation can help you understand your options and potentially protect your driving record.

Contact The Davis Law Group, P.C. today to discuss your Skokie traffic accident case and how we may be able to help.

If you were issued a traffic ticket after a car accident in Cook County, your case will likely be heard at the Rolling Meadows Courthouse (Cook County Third Municipal District). One of the most common citations issued after an accident in Illinois is Failure to Reduce Speed to Avoid an Accident. Other common tickets stemming from traffic accidents include Driving too Fast for Conditions, Improper Lane Usage, Failure to Yield, Disobeying a Traffic Control Device and Disobeying a Stop Sign.

Understanding how these tickets are issued, what the law requires, and how they can be successfully defended is critical to protecting your driving record.

Why Traffic Tickets Are Issued After an Accident

In most accident cases, the responding police officer did not witness the collision. Instead, the officer arrives after the fact and makes a determination based on:

• Damage to the vehicles
• Statements from drivers
• Witness accounts
• Road and weather conditions

Based on this investigation, the officer will often issue a ticket to the driver they believe was at fault. In many cases, that ticket is Failure to Reduce Speed to Avoid an Accident, even if the driver was not speeding.

What Is “Failure to Reduce Speed to Avoid an Accident”?

Under Illinois law (625 ILCS 5/11-601(a)), drivers must operate their vehicle at a speed that is reasonable and proper for conditions, not just within the posted speed limit.

This means:

• You must slow down for traffic, weather, and road conditions
• You must reduce speed near intersections, curves, and hazards
• You must take reasonable steps to avoid a collision
• “Speed must be decreased as may be necessary to avoid colliding with any person or vehicle”

Even if you were driving at or below the speed limit, you can still be cited if the officer believes you failed to use “due care.”

This is why rear-end collisions almost always result in this type of ticket. Again, there are several other tickets that may be issued after a traffic accident such as Driving too Fast for Conditions, Improper Lane Usage, Failure to Yield and Disobeying a Stop Sign.

Penalties for Traffic Accident Tickets

Failure to Reduce Speed to Avoid an Accident as well as the other traffic violations issued after a traffic are moving violations, and the consequences can still be significant:

• Fines and court costs (up to $1,000 maximum)
• A conviction on your public driving record
• Increased insurance premiums
• Possible driver’s license suspension in serious injury cases

Additionally, a plea of guilty may be used against you in a civil lawsuit arising from the accident.

Can You Keep This Off Your Driving Record?

Yes. In many cases, drivers are eligible for court supervision, which prevents a conviction from appearing on your public driving record.

Court supervision typically requires:

• Payment of fines and court costs
• Compliance with a supervision period
• Possible traffic safety school

If successfully completed, the ticket will not result in a conviction, which helps protect your insurance rates.

When Should You Fight a Traffic Accident Ticket?

While supervision is often a good outcome, there are many situations where fighting the ticket is the better strategy:

• You were not at fault for the accident
• The officer made an incorrect assumption
• Witness statements are inconsistent
• There are defenses based on road or vehicle conditions
• There is potential civil liability exposure

Because the officer’s determination is often subjective, these cases can sometimes be challenged through cross-examination and evidence at trial.

What Happens at the Rolling Meadows Courthouse?

You and/or your attorney will appear in front of the judge. Several outcomes are possible:

• Negotiated resolution of the ticket
• Court supervision
• Dismissal
• Trial and possible finding of not guilty
• Trial and finding of guilty

In many cases, an experienced attorney can appear on your behalf and resolve the case without requiring your personal appearance, depending on the circumstances.

Municipalities Served by the Rolling Meadows Courthouse

The Rolling Meadows Courthouse handles traffic matters and traffic accident tickets from numerous surrounding communities, including:

Arlington Heights, Schaumburg, Palatine, Rolling Meadows, Hoffman Estates, Elk Grove Village, Mount Prospect, Prospect Heights, Buffalo Grove, Wheeling, Inverness, Barrington, South Barrington, Streamwood, Hanover Park, and surrounding areas.

Contact a Rolling Meadows Traffic Ticket Lawyer

If you received a ticket after an accident, do not assume you are automatically at fault. These cases are often more defensible than they appear.

The traffic attorneys at The Davis Law Group, P.C. regularly represent clients at the Rolling Meadows Courthouse and work to:

• Keep tickets off your public driving record
• Avoid insurance increases
• Achieve dismissals and findings of not guilty whenever possible

If you were involved in a traffic accident and issued a ticket assigned to the Rolling Meadows Courthouse, contact us today for a consultation.

Frequently Asked Questions About Traffic Accident Tickets at the Rolling Meadows Courthouse

What is a “Failure to Reduce Speed to Avoid an Accident” ticket in Illinois?

This ticket is issued under 625 ILCS 5/11-601(a) and alleges that a driver failed to operate their vehicle at a speed that was reasonable for the conditions. You can receive this ticket even if you were not exceeding the posted speed limit.

Will this ticket go on my driving record?

If you are convicted, yes. A conviction will appear on your public driving record and can lead to increased insurance premiums. However, in many cases, you may be eligible for court supervision, which keeps the ticket off your record if successfully completed.

Do I have to go to court at the Rolling Meadows Courthouse?

In many cases, no. An experienced traffic attorney can often appear on your behalf and resolve the case without requiring your personal appearance, depending on the circumstances of your case.

How much is the fine for a traffic accident ticket?

Fines and court costs typically range from a few hundred dollars but can be up to $1,000 depending on the circumstances. Higher fines may be imposed if there was property damage or injury.

Will my insurance go up after this ticket?

If you are convicted, there is a strong likelihood that your insurance premiums will increase because the ticket will appear on your public driving record. Insurance companies often review driving records and may also consider accident-related information when determining rates.

Is this ticket automatically my fault for the accident?

No. The officer issuing the ticket typically did not witness the accident and is making a determination based on limited information. These cases are often subjective and may be challenged in court.

Can this ticket affect a civil lawsuit?

Yes. A plea of guilty may be used against you in a civil case arising out of the accident. This is one of the main reasons it is important to properly defend the ticket in traffic accidents that resulted in injury to another party.

What is court supervision?

Court supervision is a sentence that allows you to avoid a conviction. You will typically be required to pay fines and comply with certain conditions for a period of time. If you successfully complete supervision, the ticket will not appear as a conviction on your public driving record. However, entering a plea of guilty in exchange for court supervision may still be used against you in a civil lawsuit.

Should I fight a traffic accident ticket?

It depends on the circumstances. If liability is disputed, if there are inconsistencies in the evidence, or if you want to avoid potential civil consequences, fighting the ticket may be the best option.

How can a lawyer help with my case at the Rolling Meadows Courthouse?

A traffic attorney can evaluate the evidence, challenge the officer’s conclusions, negotiate with the prosecutor or challenge the ticket at trial. Most importantly, they can help protect your public driving record and minimize long-term consequences.

How Illinois Defines E-Bikes

Under 625 ILCS 5/11-1517, Illinois places e-bikes into three categories:

• Class 1 – Pedal-assist only, up to 20 mph. Motor shuts off when pedaling stops.
  
• Class 2 – Throttle-powered, up to 20 mph. Motor must cut off when brakes are applied.
  
• Class 3 – Pedal-assist only, up to 28 mph. Must have a speedometer. Riders must be 16+ (minors may ride only as passengers).
  

Where can you ride?

• Roads and bike lanes
  
• Bike paths (unless restricted by local rules)
  
• Sidewalks are prohibited
  

Do Traffic Laws Apply to E-Bikes in Illinois?

Yes. When operating an e-bike on public roads, riders must follow the same laws as drivers and cyclists, including:

• Stopping at red lights and stop signs
  
• Yielding to pedestrians
  
• Using proper hand signals for turns
  
• Staying off prohibited sidewalks
  

Violations can result in traffic tickets, fines, or even criminal charges.

Common E-Bike Charges We Defend

Our Illinois traffic defense lawyers regularly handle cases involving:

• DUI on an e-bike – You can be charged with drunk driving while riding an e-bike.
  
• Reckless driving or speeding – Especially with Class 3 bikes capable of higher speeds.
  
• Modified or non-compliant e-bikes – Altered bikes that don’t meet state definitions can lead to citations.
  
• Improper lane usage, failure to signal and other moving violations.
  

Can E-Bike Offenses Affect Your Driver’s License or Driving Privileges?

Yes. Certain charges, like DUI on an e-bike or leaving the scene of an accident, may lead to driver’s license suspension and other penalties. Even if you do not have a license, your violation may be reported to the Illinois Secretary of State, which will result in the creation of a driving record where that violation will be recorded. That means an incident on your e-bike could impact your ability to drive your car or obtain a license in the future.

Why Hire an Illinois E-Bike Lawyer?

E-bike cases may sound minor, but the consequences can be severe. From criminal charges to loss of license or the ability to obtain a license, these cases require an attorney who understands the nuances of Illinois traffic law. At The Davis Law Group, P.C., our attorneys defend clients in Cook County, Lake County, DuPage County and across Illinois, helping protect their driving privileges and criminal record.

Call The Davis Law Group, P.C. Today

If you’ve been ticketed, arrested, or charged with a traffic offense on an e-bike in Illinois, don’t face it alone. The laws are still catching up to the technology and that makes skilled legal representation even more important. Call us now at (847) 390-8500 or submit your contact information. Speak with an experienced Illinois e-bike traffic ticket lawyer today and let us help you protect your record, your license, and your future.

At The Davis Law Group, P.C., we’ve helped thousands of clients across Illinois understand their rights and make smart legal choices. Here’s what you need to know before you pay that ticket.

What Happens When You Pay a Traffic Ticket?

In Illinois, paying a traffic ticket is an admission of guilt. This means:

• A conviction will be entered against your public driving record
• Your insurance premiums could increase
• Three convictions in 12 months triggers a license suspension for those 21 years of age and older
• Two convictions within 24 months triggers a license suspension for those under the age of 21

So while paying may feel like the easiest option, it could actually cost you much more in the long run.

Can I Fight My Traffic Ticket?

Absolutely, and often, you should. Many tickets can be reduced, dismissed, or resolved without a conviction, especially with the help of an experienced traffic attorney.

Some common outcomes we help our clients achieve include:

• Court supervision (avoids a conviction and keeps your public driving record clean)
• Reduced charges for CDL holders (e.g., from a moving violation to a non-moving violation)
• Dismissals (especially when evidence is weak or police officers fail to attend court)

The traffic lawyers at The Davis Law Group, P.C. review each case carefully to identify opportunities for dismissal or negotiation. Even if it’s your first ticket, protecting your record matters.

Do I Have to Go to Court?

Not necessarily. In many cases, especially for minor violations, our attorneys can appear on your behalf. This means no missed work, no court lines, and no stress. If a court appearance is required, we’ll prepare you and stand by you every step of the way.

When Should I Just Pay the Ticket?

There are situations where paying the ticket might be a reasonable option. For example, if the offense is not a moving violation or the long-term impact is minimal. But even then, it’s worth a quick consultation with a traffic lawyer to understand your options.

The Bottom Line: Don’t pay your traffic ticket until you’ve spoken to an attorney

What seems like a simple decision can lead to bigger problems from insurance hikes to license suspensions. The attorneys at The Davis Law Group, P.C. can often help you achieve a better outcome, protect your record, and give you peace of mind.

Contact Us Today

If you’ve been issued a ticket in Illinois, reach out to us for a free consultation. We handle everything from speeding and traffic accidents to reckless driving and CDL-related offenses.

Call The Davis Law Group, P.C. at (847) 390-8500 or fill out our contact form to schedule your free case review today.

At The Davis Law Group, P.C., we understand how overwhelming this process can be. Our experienced attorneys are here to protect your rights, help you understand your legal options, and fight for the best possible outcome.

Why Was I Cited After a Crash?

In Illinois, police officers often issue a citation even if they didn’t witness the accident themselves. After arriving on the scene, they assess the situation by:

• Reviewing the damage to the vehicles
• Interviewing the drivers and passengers involved
• Speaking with any available witnesses

One of the most common conclusions? That someone failed to reduce their speed to avoid the collision—especially in rear-end accidents. While this might feel like an automatic judgment of guilt, you have the right to challenge it, and we’re here to help.

What the Law Says

Under Illinois law 625 ILCS 5/11-601(a), you can be charged if you fail to drive at a speed that’s considered “reasonable and proper” for the current road and traffic conditions—even if you were driving under the posted speed limit.

In other words, it’s not about the posted limit—it’s about using good judgment.

What Are the Penalties?

This charge is more than just a ticket—it can come with real consequences:

• A moving violation with fines up to $1,000
• Mandatory court assessments
• Increased insurance premiums
• A mark on your public driving record
• Potential driver’s license suspension if the accident involved injuries requiring hospitalization or if you have received other recent moving violation convictions.

Even worse, a plea of guilty can be used against you in a civil lawsuit if the other party sues for damages.

Your Legal Options

It may be possible to challenge the ticket at trial. Also, you may be eligible for court supervision, which helps you avoid a conviction on your public driving record.

In some cases, a dismissal is possible—especially if witnesses fail to appear. However, dismissals are never guaranteed and depend heavily on the circumstances of your case.

That’s why it’s crucial to have a skilled traffic attorney by your side.

Let The Davis Law Group, P.C. Defend Your Driving Record

If you’ve been ticketed for Failure to Reduce Speed to Avoid an Accident, don’t try to navigate the legal system alone. Our attorneys regularly represent drivers across Cook County, Lake County, DuPage County, and beyond.

We’ll review the details of your case, explain your options, and build a defense aimed at protecting your driving record and your future. We may even be able to appear in court without you, depending on certain factors.

Contact The Davis Law Group, P.C. today for a free consultation — and let us help you move forward with confidence.

• Any traffic violation that is charged as a misdemeanor
• Failing to secure a child in a moving vehicle
• Driving without a valid license or permit
• Driving on a suspended or revoked license
• Operating an uninsured motor vehicle
• Passing a school bus while loading or unloading
• Speeding 20 mph or more over the speed limit
• Speeding in school zone
• Speeding in a construction zone
• Failure to yield to an emergency vehicle
• Any violation where the minimum fine is greater than $95.00 (except truck overweight cases)
• Any violation resulting in death or personal injury to another
• Drag racing or street racing
• Reckless driving
• Leaving the scene of a property damage accident
• Fleeing or attempting to elude the police
• Driving a commercial vehicle while license is suspended, revoked or driver has been placed out of service

If you were issued an Illinois traffic ticket, whether or not you are required to appear in court, contact the traffic attorneys at The Davis Law Group, P.C. in Chicago. Our lawyers have helped thousands of drivers issued traffic tickets throughout Illinois. Oftentimes, our attorneys can appear in court and resolve your traffic ticket without you. Our priority is keeping your record clean. Our traffic defense attorneys handle moving violations in courthouses across Illinois including Cook County, Lake County and DuPage County. Call us today at (847) 390-8500 for a free consultation. Let us put our knowledge and experience to work for you.

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
2. Park City Branch Court located at 301 South Greenleaf Avenue, Park City, IL 60085
3. North Branch Court (Round Lake Beach) located at 1792 Nicole Lane, Round Lake Beach, IL 60073

Simply paying your Lake County traffic ticket will often result in a conviction on your public record. This means that the ticket may impact your insurance and count against your driving privileges.

Our Lake County traffic lawyers have successfully handled thousands of traffic tickets in these courthouses. We are recognized as leaders in this area of practice. Our attorneys have the experience and knowledge necessary to achieve the best possible result. Of course, our priority is to keep your record clean and avoid “points” while minimizing any potential penalties. We understand that appearing in court can conflict with your work or school schedule. However, depending on the specific circumstances, we can often avoid the need for you to personally appear in court.

What types of traffic offenses do you handle?

We can help you with all Lake County traffic violations including, but not limited to:

• Speeding Tickets
• Aggravated Speeding (26+ mph and 35+ mph)
• CDL violations
• Traffic Accidents (Failure to Reduce Speed/Driving too Fast for Conditions)
• Improper Lane Usage
• Failure to Obey Stop Sign
• Following too Closely
• Failure to Yield
• Failure to Signal

Contact Us Today

Contact the Lake County traffic ticket attorneys at The Davis Law Group, P.C. today to discuss your case. We understand the impact a single traffic violation can have and will take the necessary steps to achieve a favorable outcome.

Although in-person office appointments are usually not required, we have offices located conveniently in Waukegan, Northfield and Chicago. We are happy to provide you with a free initial consultation. Submit your information through our contact form or give us a call today at (847) 390-8500.

• Improper Use of Designated Lanes
• Improper Traffic Lane Usage
• Truck Lane Restriction Violation
• Restricted Lane Usage Violation
• Left Lane Violation
• Left Lane Prohibited Violation

Of course, this law does not only apply to driving in a restricted lane, but also applies to lane usage offenses resulting in traffic accidents, whether or not the driver was in the left lane. The Illinois Secretary of State classifies Improper Lane Usage as a serious violation if it is committed while operating a commercial motor vehicle. Two serious violations within a three-year period will result in a disqualification of your CDL privileges. Under federal law, a sentence of court supervision will count against your CDL privileges just as a conviction does. As a result, court supervision will still appear on your public driving record. Requesting traffic safety school to avoid a court appearance will have the same negative impact on your CDL privileges because this is just another form of court supervision. Left lane offenses may also be written under 625 ILCS 5/11-305 of the Illinois Vehicle Code, which is typically referred to as:

• Disobeying a Traffic Control Device
• Disregarding an Official Traffic Control Device

As a CDL holder, your license is your livelihood and even a single traffic ticket can have a significant impact on your employment, insurance and safety record. If you receive a ticket for a left lane violation in Illinois, contact our CDL traffic attorneys to review your case. The lawyers at The Davis Law Group, P.C. have extensive knowledge and experience in the area of traffic violations and CDL rules. We look forward to hearing from you.

• Were you issued a traffic ticket at the time of the accident?
  • If so, what was the result:
    • Plea of guilty
    • Finding of guilty after trial
    • Finding of not guilty after trial
    • Dismissed
    • Failure to appear in court
    • Failure to pay
• Were there injuries to yourself or any other party involved in the accident?

If you were issued a traffic accident ticket that was never paid or resolved in court, it may be possible to file a motion to reopen the case. If you were issued a ticket that was dismissed or if you were found not guilty in court but the notation of the accident still appears on your Illinois driving record, it may be possible to challenge or remove the offense from your driving record with the Illinois Secretary of State. Our Chicago attorneys can review your driving record and determine the best course of action. In some cases, we may be able to assist in removing traffic accident entries from your record. We understand that any negative marks on your driving record can impact your insurance and have serious implications for professionals such as CDL holders and rideshare drivers. Contact our traffic lawyers today for a free initial consultation.

The attorneys at The Davis Law Group, P.C. provide legal representation to clients charged with traffic offenses throughout Illinois including Cook County, Lake County and DuPage County. Aside from traffic tickets, our attorneys also concentrate in the areas of criminal defense, expungement, DUI law and driver’s license law. Contact us today for a free initial consultation.

1. Your first cell phone ticket will count as a moving violation. A first offense violation of the law prohibiting the use of electronic devices while driving will be charged as a moving violation. Under previous Illinois law, this offense only constituted a moving violation after a 2nd or subsequent offense. Fines under the new law are set at $75.00 – 1st offense; $100.00 – 2nd offense; $125.00 – 4th offense; and $150.00 – 4th or subsequent offense. These fines do not include mandatory fees/court costs. This law will become effective July 1, 2019.

2. You are no longer required to sign your citation in order to be released. A person who is stopped for a petty traffic offense, which includes most ordinary traffic offenses under the Illinois Vehicle Code, is no longer required to sign the citation in order to be released. Please note that petty offenses do not include more serious traffic offenses such as DUI, Driving While Revoked or Suspended, Reckless Driving, Leaving the Scene or an Accident, Drag Racing, etc. This law became effective January 1, 2019.

3. DUI while going the wrong way on a one way may be charged as a felony. A person who drives while under the influence while traveling the wrong way on a one-way street or road may be charged with the offense of Aggravated DUI. Aggravated DUI is an offense which, at a minimum, is a Class 4 felony which carries a potential sentence of 1-3 years in the Illinois Department of Corrections and a fine of up to $25,000.00. This law became effective January 1, 2019.

4. Driving on Suspended/Revoked based on an unpaid civil penalty is now a petty offense. A person who drives with a revoked or suspended driver’s license and whose loss of driving privileges is based upon an unpaid civil penalty cannot be charged with a Class A misdemeanor, but can only be charged with a petty offense and a fine of $50.00 plus mandatory court costs. A Class A misdemeanor is any offense carrying up to a year in jail and $2,500.00 fine. A petty offense is subject to a fine only and carries no jail time. This law became effective January 1, 2019.

Chicago DUI Defense Case Study – Cook County, Illinois

The summary below describes a recent case handled by the DUI defense lawyers at The Davis Law Group, P.C. This specific DUI arrest occurred in the City of Chicago and was litigated at the Daley Center located in downtown Chicago. This particular courthouse is officially known as the Circuit Court of Cook County’s First Municipal District.

Allegations against our Client: Our 28-year-old client, who had a commercial driver’s license, was allegedly found in the driver seat of his car slumped over the steering wheel by a Chicago Police officer. The Chicago Police officer observed the front bumper of our client’s car making contact with the car parked in front of it, and the officer alleged that our client rear-ended that parked car. After being awakened by the police officer, our client agreed to submit to field sobriety tests which, in the opinion of the officer, our client failed. The officer also alleged that our client vomited at some point during the investigation. He was arrested and charged with DUI and Negligent Driving.

A plea of not guilty was entered on all charges. The case ultimately went to a jury trial led by attorney David Mennie of The Davis Law Group, P.C.

Analysis: In the State of Illinois, a person can be found guilty of DUI if he or she is in actual physical control of a motor vehicle. Actual physical control means that the person has control and the ability to operate the car. In this case, our client was allegedly found in the driver’s seat sleeping with his head slumped over the steering wheel, and the keys in the ignition, which qualifies as actual physical control under Illinois law. While the prosecutor argued that our client was in actual physical control of the vehicle, the prosecutor did not present evidence of how the car got to where it was (whether our client drove there or someone else did), how the car came into contact with the car in front of it (whether someone driving our client’s car struck the car in front of it or whether the car in front of it backed into our client’s car), how much alcohol our client had to drink, over what period of time our client drank alcohol, and when our client had his last drink. While the prosecutor could show that our client was in actual physical control of the car when the officer first observed our client, the prosecutor still had to show that our client was under the influence of alcohol at that time. In order to do so, the prosecutor presented evidence that the arresting police officer had our client perform standardized field sobriety tests. The officer was then cross-examined by David Mennie of our firm about whether the standardized field sobriety tests were conducted according to the officer’s training. The arresting police officer could not remember if the standardized tests were properly conducted. After the prosecutor rested, we argued that the question of whether our client was under the influence was still unanswered.

Outcome: The jury determined that the State had failed to prove that our client was guilty beyond a reasonable doubt and, as a result, our client was found not guilty on the charge of DUI. The charge of Negligent Driving was ultimately dismissed by the prosecutor.

Contact The Davis Law Group, P.C. – Chicago DUI Defense Law Firm

If you are charged with DUI in the Chicagoland area, do not hesitate to contact the DUI defense attorneys at The Davis Law Group, P.C. for a free consultation. You can reach us by calling (847) 390-8500 or via the contact page on our website. The defense attorneys at our law firm have decades of combined experience in representing clients facing DUI charges throughout the City of Chicago, as well as Cook County, Lake County and DuPage County.

What information appears on an Illinois driving record?

• Convictions (traffic tickets, including those issued in other states)
• Accident Information
• Court Supervisions
• Sanctions (i.e. license suspensions, revocations and cancellations)
• Terms and conditions of the license (i.e. license class, restrictions)
• Personal identifying information (i.e. date of birth, height, weight)

What information on my Illinois driving record is available to my insurance company and the public?

• License status (i.e. valid, suspended, revoked, cancelled)
• Convictions
• Sanctions (i.e. suspensions, revocations and cancellations)

This is considered public information and is available to insurance companies, other businesses and private citizens. Personal information, including addresses, supervisions and accident information, are not available to the public.

What information on my Illinois driving record is available to the courts and law enforcement?

All public information:

• License status (i.e. valid, suspended, revoked, cancelled)
• Convictions
• Sanctions (i.e. suspensions, revocations and cancellations)

Plus:

• Supervisions
• Accident Information

When are convictions and sanctions removed from my Illinois driving record?

We previously addressed this question on an earlier blog post. Convictions, which do not cause sanctions (i.e. license suspension or revocation), are removed approximately 4-5 years from the date the conviction was entered. Our attorneys may be able to help remove traffic ticket convictions sooner by filing a motion with the courthouse. More information is available here. Minor supervisions and accident reports, which did not result in sanctions, are removed approximately 4-5 years after the supervision date or accident date. Cancellations are removed 5-10 years from the date they were terminated. Suspension, revocations and the convictions which cause them are removed 7-10 years after the sanction terminates. However, there are exceptions including the following:

• DUI
• Reckless Homicide
• Leaving the scene of a personal injury or fatal accident
• Commercial Drivers License sanctions
• Breath test refusals and failures (Statutory Summary Suspensions). However, for 1st offenders, the Statutory Summary Suspension is only displayed during the term of the suspension.

The above offenses remain on the public record for 10 years from the termination date of the sanction and are then kept on the internal record (still available to the courts and law enforcement agencies).

What are the different types of Illinois Driving Records?

There are three (3) types of Driving Records:

• Internal Records are for Secretary of State use only and consist of the entire driving history.
• Court Purposes Records are available to the driver, his/her attorney or a court official (prosecutor/State’s Attorney) and law enforcement
• Public Records are available to the driver’s employer, insurance companies, and private citizens.

How can I obtain my Illinois Driving Record?

The Illinois Secretary of State offers limited means to obtain your driving record. You may either:

1. Visit your local DMV in-person, fill out the necessary form and pay a $12 fee.
2. Mail your request with the fee to Springfield and wait ten (10) working days for processing and mailing.
3. Contact The Davis Law Group, P.C. We can obtain your official Illinois driving record abstract and email you an electronic copy within 3 business days for a low flat fee of $62.00.

Illinois Secretary of State facilities often have long lines and wait times. The Illinois Secretary of State does not provide an online driving record service. There are a number of third-party independent online services that claim to be able to provide your Illinois driving record instantly. These services can only search public record data, they will NOT be able obtain your official Illinois driving record. The basic ‘driving records’ that these services provide may not be acceptable for your specific needs (i.e. employers, educational institutions or for court-purposes). Contact our Chicago attorneys today if you have questions.

Planning for Your Day in Court

The courthouse is a place of employment for the judge and the court staff. As everybody else, they want to keep their work day smooth and efficient. By arriving on time and following the rules, you show the court the proper respect it deserves and allow the court to maintain efficiency. By doing so, you are also increasing your chances of a more favorable outcome.

Plan to arrive at the courthouse early – account for possible delays with your commute, such as traffic, accidents, missed buses and difficulty finding parking – finding a parking space in the courthouse garage or in the immediate vicinity may be very difficult. Some days are much busier than others at the courthouse. If there was sufficient parking during your initial court appearance, that does not mean the same will hold true on a subsequent court appearance.

Allow yourself extra time to enter the courthouse – security screenings can take a lot of time, especially if there is a long line ahead of you (always assume that will be the case).

Know where you need to be – find your courtroom in advance.

Prior to your court date, double check that you have all necessary documentation in order. Your attorney should advise you what you are expected to bring to court, if anything. Familiarize yourself with any and all documents before arriving at court and keep it organized.

Wake up early enough to have sufficient time to get ready, so you can arrive looking clean and orderly. Set a back up alarm.

Dress appropriately – wear clothing that would be appropriate for an important business meeting. We recommend business casual at a minimum. A suit and tie for men is advised if your case is set for trial. Women should consider a nice dress or a female business suit. Stay conservative in your appearance. When choosing your outfit, think along the lines of going to a religious event rather than a club on Saturday night.

Mind your manners when waiting outside the courtroom. You never know who may be watching.

Never skip your scheduled courtroom appearance – if it is unavoidable due to a serious emergency, contact your attorney immediately.

How to Behave in a Courtroom Once You Arrive

Once you arrive in the courtroom, it’s important to remember where you are. Act appropriately and show the court the proper respect. Your outward appearance may influence or bias the judge or jury. Remember the following rules:

Turn off any and all electronic devices, such as cell phones, before you enter the courtroom.

Do not bring any food or drinks into the courtroom.

If you have children – try your best to arrange for somebody to look after them in advance and confirm before the court date.

Be polite to everybody, including the judge, as well as opposing counsel and the courtroom staff.

Stand up when the judge enters or leaves the courtroom – do not sit down until she or he is seated. The same applies when the jury enters or leaves the courtroom.

Always stand if you are asked to address the judge.

Avoid unnecessary or offensive gestures and facial expressions, be mindful of your body language, and keep control of your emotions.

Do not interrupt others while they are speaking.

Refer any questions to your lawyer rather than the judge or the courtroom staff.

Show the proper respect by referring to the judge as “Your Honor”.

What to do After Your Appearance in Court?

After your court appearance, follow your attorney’s instructions. If you have questions, contact your attorney.

Contact The Davis Law Group, P.C. for a Free Initial Consultation

At The Davis Law Group, P.C., we provide a partnership approach based on our strengths and experience in the courtroom. If you need to appear in court or otherwise are in need of legal assistance, please call (847) 390-8500 or contact us to schedule your free and confidential consultation with one of our lawyers today.

Traffic tickets that result in a suspension or revocation will stay on your driving record for at least seven years from the date of license reinstatement. Convictions for alcohol and drug-related offenses (i.e. DUI) will permanently stay on your Illinois driving record.

Only court supervision or a dismissal will prevent a traffic ticket from showing up on your public driving record in Illinois. Convictions not only count toward the suspension of your driver’s license but can significantly affect insurance premiums.

Our traffic ticket defense attorneys are often able to remove a ticket from your public driving record by re-opening the case via a motion to vacate. Under certain circumstances, our attorneys can appear in court in order to request the removal of a conviction even if the ticket was already paid. Of course, as every case is unique, you are encouraged to contact us to discuss the likelihood of success.

An Illinois traffic attorney can often increase the chances of keeping your driving record clean. Contact The Davis Law Group, P.C. if you have received an Illinois traffic citation. Call us today at (847) 390-8500.

The article analyzed data through Illinois’ Freedom of Information Act.

While the number of speeding tickets has declined, the number of traffic fatalities is up from 5 years ago. For the first time since 2008, the number of traffic fatalities in Illinois has surpassed 1,000. However, the number of fatalities is significantly lower than 15 years ago. In 2001, there were 1,414 fatalities and in the 1970’s, the numbers were typically around 2,000.

Experts question whether there is a correlation between increased speed on the roadways and the increase in traffic fatalities. In 2014, the speed limit on rural interstates was increased from 65 to 70 mph. The ISP does not believe the change in speed limit has affected the number of traffic fatalities. They point to more miles driven per person, more vehicles on the road, and distracted driving, as factors.

In addition, there is a question of decreased enforcement. Primarily due to retirements and attrition, the division of the Illinois State Police primarily responsible for traffic enforcement has been reduced from 1,849 in 2009 to 1,462 in 2016. However, the ISP has stated that no layoffs have occurred.

The ISP plans to continue to reduce fatalities through aggressive enforcement of speeding, DUI, distracted driving and seatbelt compliance.

Illinois sees plunge in speeding tickets issued by troopers, December 18, 2016, http://www.qconline.com

It is expected that the Secretary of State will adopt the rules for the program by 2016. The agency has estimated that of the 9 million licensed drivers in Illinois, 6% are uninsured.

Michigan has recently adopted a similar program, allowing police to access information on whether a vehicle is insured by running the license plate through their computer. Michigan insurance companies are required to transmit policy information twice a month, so the information provided to officers is reasonably accurate.

UPDATE: IL law enforcement could soon use database to catch drivers without car insurance, May 5, 2015, www.wrex.com Michigan Police Now Have Access to Check Car Insurance, March 31, 2015, www.claimsjournal.com

AAIM determined that the Chicago Police Department, with roughly 12,000 officers, made approximately 3,400 DUI arrests. The rate of .28 arrests per officer pales in comparison to Lake County.

DUI fatalities in Illinois were down 38% from the last decade. However, the seemingly sharp decline in drunk driving may be due to the lack of arrests by some police departments. Although there is a decrease in DUI fatalities, drunk driving is still a major problem in the United States. One person was killed every 52 minutes due to DUI-related accidents in 2013 across the country.

Lake County leads in DUI arrests, but are we safer?, www.chicagotribune.com, February 19, 2015

The most commonly cited example of the law is the person who may have smoked marijuana days or weeks earlier and then is stopped for a minor moving violation or as a result of an accident. If the officer has any reason to believe that the person had smoked marijuana at some point, the officer may seek testing. Often the situation arises in the case of an accident where the person was injured, taken to a hospital and testing is conducted, revealing the presence of a by-product of marijuana, called a ‘metabolite’.

The most recent example of the absurdity of the law is the case of Scott Shirey. In December 2011, Mr. Shirey was driving with his two young twin sons in his car. While driving, he was broad-sided by another vehicle and one of his children was killed and his old child was severely injured.

Mr. Shirey was transported to the hospital to be treated for his injuries. As the result of blood-testing, it was determined that he had a marijuana metabolite in his system. He admitted having smoked marijuana weeks earlier. There was no evidence or suggestion that he was impaired or under the influence of marijuana or that he was even at fault for the accident that cost the life of his son.

Despite this, Mr. Shirey was charged with felony DUI involving death and endangering the life of his children. The most serious of the charges, DUI involving death, carried a potential sentence of 3-14 years in prison. Luckily, the court in Mr. Shirey’s case decided to grant him probation. Nevertheless, he has suffered the trauma of the loss of his son and he is now a convicted felon. All of this despite the fact that he was not under the influence of marijuana and was free from fault in the accident.

Illinois courts have rejected challenges to the law. As a result, The Illinois State Bar Association has supported legislation co-authored by Attorney Larry A. Davis, a principal of The Davis Law Group, P.C., to change the law to prevent injustices such as that occurred in the case of Scott Shirey.

It is our hope that this legislation will be heard in the upcoming Spring 2015 session of the Illinois legislature.

If you, a family member or friend have issues concerning a DUI case or license reinstatement issue, feel free to call the experienced attorneys at The Davis Law Group, P.C.