A large percentage of Illinois drivers will, at some point in their lives, violate a traffic law. This could be a minor traffic ticket, like a parking ticket, or a more serious traffic violation, such as driving under the influence of alcohol or distracted driving. Because of the daily pressure people are under, with work, family life, and meeting deadlines, drivers often break traffic laws without realizing it.
However, if you are caught disobeying traffic signs or violating traffic laws, you can receive harsh penalties, including criminal penalties. Traffic law in Illinois is tough on regular drivers. Because of this, it is vital that you have strong legal representation to defend against alleged moving violations in Illinois.
Hirsch Law Group
At Hirsch Law Group, we have a team of highly experienced traffic defense lawyers who can help prevent a moving violation from going on your record. Our lawyers understand the challenges faced by drivers and we will do everything in our power to prevent you from receiving harsh penalties.
The lawyers at Hirsch Law Group have previously worked as prosecutors, so we have a deep understanding of how prosecution strategy works. We use our unique experience to provide defendants with a powerful defense strategy that helps get their charges reduced or dropped completely.
Our lawyers have won multiple awards for their hard work and dedication to clients’ cases, including America’s Top 100 Attorneys, The National Top 40 Under 40 Trial Lawyers, and Enterprise.com Best Criminal Defense Attorney in Chicago.
Call or law firm today to schedule a free consultation at 815-880-1134.
Illinois Traffic Violations
All drivers in Illinois must abide by traffic rules and regulations set out under the law. When a driver violates one of these regulations, they can receive penalties, such as fines or license suspension. For some traffic offenses, they can receive penalty points, which are added to their driving record. The more penalty points you receive, the higher the risk of your license being suspended or revoked.
Illinois traffic violations are divided into two categories, moving and non-moving violations. Moving violations are considered more serious than non-moving violations, and impose much harsher penalties on those convicted.
A moving violation occurs when the motor vehicle is in motion or moving. Traffic offenses, such as speeding, reckless driving, and distracted driving, are moving violations because they happen when the car is in motion. Because these traffic violations can potentially injure or seriously harm another person, the penalties are quite severe.
Some examples of moving violations include:
- Speeding ticket
- Reckless driving
- Driving under the influence (DUI)
- Drag racing
- Disobeying traffic signs
- Driving through a red light
- Using your mobile phone while driving
- Leaving the scene of an accident where another person or property was harmed
Moving violations can be either minor or major violations. Major moving violations can also result in a criminal charge being brought against the defendant, for crimes such as driving under the influence or reckless driving resulting in harm. If this is the case, the individual may have to be tried in a criminal court, where they risk receiving criminal records.
Non-moving violations are traffic violations that occur when the vehicle is not moving. Because these traffic tickets are less likely to cause harm to other drivers or pedestrians, the penalties are less severe. Examples of a non-moving violation include:
- Parking violations, including parking in a handicapped space, stopping in a no-stop zone, or parking without paying
- Expired vehicle registration
- Equipment violations, such as faulty equipment
The law in Illinois provides that non-moving traffic violations will not affect a person’s driver’s license. So, if you receive a non-moving violation ticket, it will not be added to your driving record and you will not receive any penalty points. You may have to pay a fine for the offense or appear in traffic court for a non-moving traffic ticket, however.
Do Moving Violations Go On Your Record in Illinois?
As provided under law, all moving violations in Illinois are added to your driver’s record. A moving violation has a certain number of penalty points attached to it. If you are convicted of a moving violation, whether it is a speeding ticket, running a red light, or reckless driving, these penalty points will be added to your driver’s license.
If you are convicted of three moving offenses within a one-year period, you will face automatic license suspension. Receiving too many penalty points can also result in your driver’s license being suspended. The suspension period is based on how many points you have on your license. The more points you have, the longer the suspension period will be.
The law does not care about how serious the moving violation was, it simply provides that being convicted of three in a year will suspend your license. Unfortunately, many people are unaware that paying for a traffic ticket, such as a speeding ticket, is the equivalent of pleading guilty to a moving violation.
Because of this, many people have their licenses suspended after paying for multiple speeding tickets, without realizing the risks of license suspension. Penalty points also stay on your driving record for five years in Illinois. So, if you receive further traffic tickets down the line, you could face a lengthy suspension period for your driver’s license.
Consequences of a Moving Violation On Your Illinois Driver’s License
Being convicted of a moving violation means that penalty points will be added to your driver’s license, and the violation will be visible on your public driving record. Depending on the type of violation, it may remain on your driver’s license for several years. Speeding tickets and minor violations will stay on your driver’s record for at least five years.
If you had your license suspended or revoked and were able to get it reinstated, the violation will stay on your record for at least seven years. With drug and alcohol-related violations, such as driving under the influence, you will have a permanent stain on your record. The more violations you have on your record, the higher chance you have of losing your driving privileges.
With a stained driver’s record, you risk a hike in your insurance premiums, losing the ability to apply for a commercial driving license (CDL), difficulties getting some other jobs, and an increased risk of being charged with a misdemeanor offense. The only way to prevent the severe consequences of a stained driving record is by hiring an experienced traffic attorney to defend against the charges.
How The Traffic Attorneys at Hirsch Law Group Can Help
Fighting against a moving violation requires experience, skills, and a unique perspective. At Hirsch Law Group, we know how to fight against traffic tickets and we treat each case differently. Our lawyers can help your case by advising you on the consequences of a moving violation and how this will affect your driving privileges.
They can assess whether there is a valid defense for the violation, examine any police reports, check for evidence, and see whether all protocols were followed by the police officer at the time of the incident. They will schedule a court date for a contested hearing and ensure that no guilty pleas are entered prior to the court hearing.
Our lawyers can negotiate to get your charges reduced to a non-moving violation, which would avoid the charge being added to your record, or try to get the charges dropped completely. If court supervision is the best option, they will petition for this and help you get the violation expunged after you have completed your sentence and paid the court costs.
In criminal traffic offense cases, the lawyers at Hirsch Law Group will build a mitigation packet on your behalf, which is a document that we present to the prosecutor, offering more information about you and your life. We will include your previous driving history, information about your work, family, and any information supporting your case.
If your license has been suspended or revoked because of too many moving offenses, our lawyers can help get it reinstated. If your license has been suspended, you must wait until the period has passed and pay the license reinstatement fee. However, if it was for an indefinite period, our lawyers can help schedule a court date to get your case heard or apply to the DMV on your behalf.
For a revoked license, our traffic violation lawyers will submit a request to the Illinois Secretary of State to schedule a hearing. We will petition your case and submit evidence explaining why you should have your license reinstated. Depending on your case, we may also petition for a hardship license, which allows you to drive under certain circumstances. Our priority is getting you back on the road as soon as possible.
Contact a Traffic Violation Lawyer at Hirsch Law Group Today!
Receiving a traffic ticket can be frightening. Often, people simply pay the fine posted on the ticket without thinking about the consequences. However, if you pay for a traffic ticket or plead guilty to a traffic offense, you are putting your driving record at risk. The consequences of a moving violation can be severe, and you could face lengthy license suspension for serious offenses.
If you have been cited for a moving violation in Illinois, contact an experienced traffic attorney as soon as possible. A legal representative can take steps to get your violation reduced to a minor traffic violation, get court supervision for minor offenses, or get the traffic ticket dropped completely.
The Illinois traffic ticket attorneys at Hirsch Law Group have been helping clients with traffic violation matters for over 20 years. Our lawyers have extensive experience with all areas of traffic and criminal law, and we have the skills necessary to fight against traffic violations. We understand the difficulties faced by drivers in Illinois, particularly when facing license suspension or revocation.
Our traffic violation lawyers want to do everything we can to protect your driving record and ensure that you get the opportunity to fight against your charges.
Schedule a free consultation with our Illinois traffic ticket attorneys by calling 815-880-1134.