Articles Posted in Traffic Tickets

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The Illinois laws governing teen driver’s licenses and traffic tickets can be confusing for teens and parents alike. The Illinois Secretary of State operates a Graduated Driver Licensing (GDL) Program for teen drivers. Different laws apply depending on the age of the driver, which can be found under 625 ILCS 5/6-107. Below is a breakdown of the current laws that apply to teenage drivers in Illinois and the consequences of traffic tickets.

Age 15 Driver Rules (Instruction Permit Stage)

During the Instruction Permit Stage the teen driver:

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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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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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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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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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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.

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Commercial Driver’s License (CDL) holders are often issued traffic tickets for left lane violations on the highways and tollways across the State of Illinois. The Illinois Department of Transportation has erected signage prohibiting trucks from using the far left lane in many areas. The Illinois State Police are constantly on the lookout for trucks using the far left lane.

These offenses are most commonly charged under 625 ILCS 5/11-709 of the Illinois Vehicle Code. This type of traffic ticket is typically referred to as:

  • Improper Use of Designated Lanes
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Removing a traffic accident entry from your Illinois driving record may be possible. However, there are a number of questions to consider in order to determine your options. Most importantly we must know:

  • Were you issued a traffic ticket at the time of the accident?
    • If so, what was the result:
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