Articles Posted in Speeding

It may be possible to remove convictions for Illinois traffic tickets from your driving record.  By filing a “Motion to Vacate,” our attorneys are able to bring your ticket back into court and argue for a more favorable outcome (i.e. court supervision or dismissal). Under Illinois law, only criminal charges may be eligible for expungement, not traffic tickets. As a result, the only way to clear a traffic ticket conviction from your driving record, is to bring the case back in front of a judge.

We are often contacted by clients facing a license suspension for too many moving violations. A “Motion to Vacate” may be the best solution to removing the entire suspension or shortening the suspension period. An administrative hearing for driving privileges before the Secretary of State is a more complex and lengthy process. Whenever possible, a “Motion to Vacate” is the preferred course of action.

We regularly hear from CDL holders (i.e. truck drivers) that need a ticket removed from their record due to severe employment consequences, insurance increases and/or license suspension. Handling this process for a CDL holder requires a similar approach.

A Class B misdemeanor in Illinois carries a maximum penalty of up to 6 months (180 days) imprisonment in county jail and a maximum fine of $1,500 plus any mandatory court costs. The defendant may be placed on a period of court supervision, conditional discharge or probation for a maximum of 2 years. Sentencing guidelines for a Class B misdemeanor can be found under Illinois law 730 ILCS 5/5-4.5-60.

Speeding 26 to 34 mph over the posted speed limit is one of the most common Class B misdemeanor offenses in Illinois. This offense is also referred to as aggravated speeding, excessive speeding or misdemeanor speeding. Overall, Class B misdemeanors are actually far less common than Class A misdemeanors in Illinois.

Although Class B misdemeanors are not as severe as Class A misdemeanors or felony offenses, they are still criminal charges carrying serious potential consequences. Any criminal conviction on your record may have long term consequences on your personal or professional life.

Drivers under 21 years old will have their driver’s license suspended by the Illinois Secretary of State if they receive two traffic ticket convictions within a period of two years (24 months). Illinois law holds drivers younger than 21 years old to a higher standard than other drivers.

Primarily, convictions for moving violations under the Illinois Vehicle Code count toward a license suspension. The offense does not need to occur within the State of Illinois. Out-of-state traffic tickets received by the driver may also be reported back to Illinois and used by the Secretary of State to impose a license suspension.

It is important to note that the Illinois Secretary of State uses the date the traffic ticket was issued, not the date that the conviction was entered to determine if the offenses occurred within the 24-month time period.

This post is for informational purposes only. We are a law firm and CANNOT pay your Cook County traffic ticket.

The Clerk of the Circuit Court of Cook County provides the following website that will allows you to pay certain traffic tickets for a conviction, request traffic school (if you are eligible) or request a court date: CLICK HERE.

This website currently does NOT allow you to pay fines that were assessed in court. It can only be used prior to your court appearance within the timeframe allowed, which is usually listed in the instructions on the back of your ticket (typically 14-21 days from date of issuance). You cannot use the system for tickets that are marked “Must Appear”.

According to the Illinois Secretary of State, traffic tickets for moving violations will stay on your Illinois driving record for four to five years from the date of conviction. Moving violations include offenses such as speeding, disobeying a stop sign, disobeying a traffic control light, and improper lane usage.  The Secretary of State generally  removes these offenses at their discretion during that timeframe.

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 effect insurance premiums. 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.

The Illinois Secretary of State uses a unique system to determine driver’s license suspensions and revocations based on the number of moving violations and a point system. A driver 21 years of age or older will have their license suspended if they receive three moving violation convictions within a 12 months period, while a driver under the age of 21 will have their license suspended if they receive two moving violation convictions within a twenty-four month period.

Every moving violation is assigned a specific number of points. Once a driver reaches the number of convictions outlined above, the Secretary of State will use the total number of points accumulated to determine the duration of suspension or revocation.

For those 21 or older, if you have three convictions for traffic violations within a 12-month period your Illinois driver’s license will be suspended as follows:

The number of speeding tickets issued by Illinois State Police troopers has dropped significantly over the past 5 years according to a report by the State-Journal Register. The number of speeding tickets decreased by 40% from 211,857 in 2010 to 126,959 in 2015. In 2016, it is estimated that the Illinois State Police will issue approximately 104,000 speeding tickets.

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.

The Chicago Police Department’s “DUI Strike Force” will be patrolling Wrigleyville and Boystown from 7 P.M. on August 19 through 3 A.M. on August 20. According to the news release put out by the Chicago Police Department, the purpose of the “DUI Strike Force” is to “saturate a pre-designated area with roving police officers that continually monitor vehicular traffic for signs of impaired driving.” The force will also focus on speeding and seatbelt violations. There will be a mobile unit on-hand to conduct Breath Alcohol Tests to speed up the arrests.

If you are charged with DUI in Chicago, your case will likely be heard at the Daley Center Courthouse. Illinois DUI law is extremely complex and it is best you consult an experienced DUI attorney for help with your case. Feel free to contact our firm if you require legal assistance for DUI, or any other criminal offense.

Police Will Be Patrolling Wrigleyville For DUIS This Weekend, August 18, 2016, www.chicagoist.com

An electronic insurance verification program may soon be implemented in Illinois. This program will make it much easier for officers to catch those driving without car insurance. In 2014, the Illinois legislature established a committee to design the program, which will likely include a computer database that would be accessible to law enforcement during traffic stops. The system would allow officers to ensure you are up to date on your monthly insurance payments. Often, individuals make a down payment on their insurance, receive their insurance card, and do not follow up on monthly payments, allowing their coverage to lapse while retaining the card showing that they are insured. As of now, in order to ensure you are currently covered by insurance, officers must call the insurance company.

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.

1. The liability of parents for underage drinking no longer only applies to residences or private property. State law will be expanded in 2015 to penalize parents who allow those under the age of 21 to consume alcohol in vehicles, trailers, campers or watercrafts under their ownership or control. Parents will face a fine of up to $2,000. If a death results, parents can face a felony charge.

2. The Illinois Tollway Authority will now have the authority to increase the speed limit to 70 mph on interstates in urban areas. The law previously passed in 2013 allowed for a 70 mph speed limit only in rural areas.

3. Individuals, including children, who suffer from seizures will be permitted to be treated with medical marijuana. Although the specific rules and regulations regarding children are not finalized, it is likely that the child will be required to obtain written certification from two doctors.