Articles Posted in Speeding

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 which 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. In addition, two convictions within 24 months will result in a license suspension or revocation for drivers under 21 years of age. Three convictions within any 12 month period will result in a license suspension or revocation for those 21 years of age or older. As a result, simply paying your ticket can be a costly mistake.

The following violations are some of the most common offenses that require a court appearance in Illinois:

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.   

A conviction for the following will result in an automatic revocation of your Illinois driver’s license:

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

In Illinois, speeding 26 mph or more over the posted limit is a criminal offense. This offense is also known as aggravated speeding, misdemeanor speeding or excessive speeding. The penalties for aggravated speeding tickets were addressed in an earlier post. Below are the answers to some additional questions we often receive regarding Illinois speeding tickets.

Can you be arrested for speeding in Illinois?

Speeding 26 miles per hour or more above the posted speed limit is a misdemeanor in Illinois. A misdemeanor is a criminal offense and, therefore, you can be placed under arrest. While some police officers will simply issue an aggravated speeding ticket with a required court appearance and release you on the spot, that is not always the case. Depending on the officer and the law enforcement agency’s policy, you may be arrested, transported back to the police station and processed before being released.

There are several new Illinois traffic laws that have taken effect recently, which all drivers should be aware of:

Texting while Driving Resulting in Injuries

This law became effective on July 1st, 2020 and provides that drivers who text while driving resulting in great bodily harm, permanent disability of disfigurement to another person are subject to a license suspension of 12 months and a minimum fine of $1,000.00.

CDL holders are often misinformed about their options after receiving a traffic ticket in Illinois. As a result, they often request court supervision or traffic school in hopes that the offense will stay off of their public driving record, only to find out later that it did not. While an attorney may be able to remedy this situation by reopening the case, it is better to handle these situations properly from the outset.

For many years, Illinois has provided a type of sentencing in traffic and criminal cases known as court supervision. Court supervision is not considered a conviction under Illinois law, and typically avoids the consequences a conviction may bring with it. 

In traffic cases, the advantage of receiving court supervision for the average driver is that it does not appear on the driver’s public record and, therefore, is not available to employers or insurance companies. Furthermore, it does not count towards a suspension or revocation of their driver’s license.

Speeding tickets and other moving violations are assigned a certain number of points on your Illinois driving record depending on the specific offense. Speeding tickets can vary between a minimum of 5 points and a maximum of 50 points as follows:

  • Speeding 1-10 MPH above limit – 5 points
  • Speeding 11-14 MPH above limit – 15 points

A school bus permit is required to transport school children through 12th grade for a public, private or religious school in a school bus or any other approved vehicle owned by or operated for a school or religious institution over a regularly scheduled route. School bus permit holders are subject to strict rules and regulations, especially when it comes to traffic tickets.

School Bus Permit Requirements

Permit holders must be at least 21 years of age, have held a valid license for the previous three years prior to application for a school bus permit, complete a classroom training course, pass a written test, road test, physical examination, and an FBI criminal background check.

Every year, our attorneys see a variety of important changes to Illinois traffic laws. Here are a few of the new Illinois traffic-related laws effective in 2019.

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.

Rideshare companies such as Uber and Lyft routinely disqualify potential drivers based on traffic tickets that appear on their driving records. These companies run background checks on all drivers in order to determine their eligibility when they first apply and periodically thereafter. Our traffic ticket defense attorneys are often contacted by rideshare drivers looking to clean up their Illinois driving record after finding out they have been disqualified by a rideshare company. Oftentimes, drivers don’t realize the consequences of simply paying a traffic ticket, which results in a conviction on their driving record. Fortunately, under certain circumstances, removing Illinois traffic tickets from your public driving record may be possible.

Rideshare companies have different standards for disqualifying a driver based on their driving record history:

Lyft Driving Record Requirements

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