Articles Posted in Traffic Tickets

The traffic attorneys at The Davis Law Group, P.C. are passionate about what they do and will provide you with both knowledgeable and aggressive representation in the courtroom. Our priority is to minimize or completely eliminate the negative impact a ticket may have on your driving record and ensure the best possible result.

What distinguishes us from other traffic lawyers is our commitment to providing customized representation to our clients. That’s why we offer free initial consultations to our prospective clients, so we can analyze your situation and advise you of your options.

How Can The Davis Law Group, P.C. Help Me With My Illinois Traffic Ticket?

Beginning July 1, 2019, a first offense of texting while driving will be charged as a moving violation in Illinois. Previously, a first cell phone violation was treated as a non-moving violation, and only second or subsequent texting violations counted against your driving privileges. The old law was in effect since 2014. Of course, fines and court costs also may be imposed under the new law.

It is important to note that the law doesn’t only apply to texting. Illinois law says that a person may not operate a motor vehicle on a roadway while using ANY electronic communication device.

The Illinois Secretary of State will suspend drivers over the age of 21 for three moving violation convictions within any 12-month period. For drivers under 21 years of age, a license suspension is imposed for just two moving violation convictions within a 24-month period.

According to Illinois statute 625 ILCS 5/15-112(a), police officers only need a reason to believe that a truck is overweight in order to pull over the driver and require them to submit to the weighing of their truck. The officer can use portable or stationary scales or, if not available, the officer can require that the vehicle be driven to the nearest available scale. If the driver refuses to stop and submit his vehicle and load to weighing or removes any part of the load prior to weighing, he will be charged with this offense and face fines. In such cases, the driver could also face charges of fleeing and eluding. CDL holders need to be careful to avoid any and all offenses due to the potential impact on their driving record, insurance and employment.

Overweight laws are put in place because of the potential damage to roadways caused by overweight commercial vehicles. Excessive weight on certain roadways, which are not built to sustain such weight, can cause wear and tear or major damage.

According to 625 ILCS 5/15-113, the amount of the fine for an overweight truck shall be calculated in accordance to the schedule below (note that additional court costs and surcharges are often added to the amount of the fine). Please note: overweight fines in the City of Chicago can be found under 9-72-080 of the Chicago Municipal Code.

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.

One question we hear often is, “Do I need a traffic lawyer?” While you may not be required to hire a traffic lawyer if you receive an Illinois traffic ticket, having proper legal representation is beneficial for a numerous reasons.

A traffic attorney can listen to the facts of the case, review the ticket(s) that you were issued, review your prior driving record and determine the best course of action. A knowledgeable traffic attorney should be able to tell you the potential consequences of the ticket and appropriate strategy. For example, minor traffic tickets may result in a driver’s license suspension either based on your past record or simply due to the type of offense. A traffic attorney should know the precise effect a ticket may have on your driving record and driving privileges and the best way to avoid any negative consequences.

Under the right circumstances, if a legal defense exists, a traffic attorney can argue your case at trial. If the case is not appropriate for trial, an attorney may be able to negotiate a favorable agreement with the prosecutor. An attorney will typically have the ability to discuss your ticket and any mitigating circumstances with the prosecutor prior to stepping in front of a judge.

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.

Client Reviews

★★★★★
I wanted to let you know that I finally got my license back today. I want to thank you guys from the bottom of my heart. You did an amazing job and helped another person turn their life around. I will forever be indebted. Rest assured that I will refer anybody that I hear is in trouble to you guys. Thank you again. All the best.
★★★★★
I want to extend my sincere gratitude for the success in getting my charges reduced. It has been a rather traumatic experience for me. Though I try to keep an optimistic outlook, it didn't seem possible. But you guys pulled it off and I couldn't be more grateful. This has been a great weight lifted off my shoulders. D.F.
★★★★★
I would like to take this time to thank you for a job well done. I received my full reinstatement documents today for full driving privileges. This took me by surprise. I did not expect to see the results this fast. I just want to say that I am blessed to have a very good lawyer like yourself to guide me through the process... I am very grateful. You're the best. Thanks again. G.B.
★★★★★
My special thanks for your help, guidance, and support during a most difficult time. You came recommended as "the best" and you lived up to your reputation! I wish you a lovely holiday season and a new year of challenges overcome, new joys experienced, and much fulfillment realized. All good thoughts your way. S.S.
★★★★★
I am very grateful for your work and representation. Although it is difficult for me to truly express my gratitude through e-mail, I hope you can still understand how thankful I am that we were able to dismiss my case on the first court date. I am very pleased with the outcome. Again, thank you very much for your time. Please enjoy the rest of your week. D.K.

Featured In

Contact Information