Illinois Traffic Lawyer

Common Traffic Violations

A variety of irresponsible driving behaviors can result in traffic tickets or traffic violations. Possibly the most notable traffic violation out there is speeding, which naturally results in speeding tickets if someone is caught. Of course, there are many other ways to get hit with traffic tickets. 

Most tickets are considered infractions, or minor offenses, but some can result in misdemeanor or felony cases. Here are some of the more common traffic violations we see as criminal defense lawyers in Lake County:

• Hit and Run: When you get into a car accident, you are expected to stay on the scene until a police officer arrives. Hitting someone and then immediately leaving the scene can result in fines and jail time.
• Reckless or Distracted Driving: Distracted driving accidents have been on the rise for the last couple of decades, mostly due to cell phone use. In fact, most states have implemented laws that strictly prohibit texting and driving because of how many lives have senselessly been lost. Driving recklessly often entails driving with complete disregard for other people’s safety and is also another major safety concern.
• Driving Without a Driver’s License: It’s illegal to drive without a driver’s license in all 50 states. 
• Running a Red Light or Stop Sign: This is incredibly dangerous and can result in T-bone accidents and major, often catastrophic injuries.
• Unsafe Lane Changes: This usually occurs when a driver weaves in and out of their lane or completely changes lanes without checking their mirrors for safety. Traffic offenses like this can also result in serious car accidents and major injuries.
• Not Stopping for a School Bus: Failure to stop for a school bus may appear on your Illinois driving record forever.
• DUI: Driving under the influence of drugs or alcohol is one of the most serious traffic offenses that someone can commit. DUI penalties vary across the nation, but generally, a driver can expect more than just a traffic citation for this crime.

Illinois Traffic Ticket Penalties

The consequences for Illinois traffic tickets vary depending on your driving record, the traffic offense, and whether or not your offense resulted in the death of another person.

Speeding

The highest speed limit in Illinois is 70 miles per hour on highways. Meanwhile, the lowest speed limit is 20 miles per hour in school zones. Obviously, if you violate the speed limit, you may receive a speeding ticket and the consequences that come with it.

• 1 to 20 MPH over the speed limit generally results in a $120 fine in Illinois.
• 21 to 25 MPH over the speed limit may result in a $140 fine.
• 26 to 34 MPH over the speed limit may result in a Class B misdemeanor. With this type of charge, you could possibly spend up to 6 months in jail and pay $2,500 in fines.
• 35 MPH or more over the speed limit may result in a Class A misdemeanor. With this type of charge, you could possibly spend up to one year in jail and pay $2,500 in fines.

Hit and Run

Consequences for hit and run traffic violations depend on whether injuries, death, or property damage occurred.

• Crashing into an empty car in a parking lot, for example, can result in a Class A misdemeanor. 
• Hit and run accidents that only cause property damage can also result in a Class A misdemeanor. 
• If a hit-and-run accident causes an injury, you could face a Class 4 felony. With this charge, a driver could face three years of jail time, a maximum fine of $25,000, and a license suspension. If you don’t report the car accident to a law enforcement officer, your criminal charges will be bumped up to a Class 2 felony. With this conviction, you could face 3-7 years behind bars, a maximum fine of $25,000, and a license suspension.
• A hit and run accident that causes one or more deaths will result in a Class 4 felony. However, if you fail to contact the police about the accident, your charge will be upgraded to a Class 1 felony. With this conviction, you could face 4-15 years behind bars, a maximum fine of $25,000, and a suspended driver’s license.

Reckless or Distracted Driving

The consequences for reckless or distracted driving depend on if anyone was injured and the extent of the injuries. If no one was injured, the driver can expect a Class A misdemeanor charge, up to one year behind bars, and maximum fines of $2,500. If someone was injured due to driving recklessly, the driver could face major criminal charges. 

• If a child or a crossing guard sustained minor injuries, the driver in question will likely face a Class 4 felony in Illinois. 
• If a driver causes major bodily harm or even permanent disability to anyone, they will likely receive an aggravated reckless driving charge, which is also a Class 4 felony.
• If a child or a crossing guard sustains serious injuries, the driver will likely face an aggravated reckless driving charge and a Class 3 felony. Consequences for this charge are two to five years behind bars, a maximum fine of $25,000, and a maximum probation period of 30 months.
• If driving recklessly results in one or more deaths, the driver may receive a reckless homicide charge under Illinois criminal law. This conviction can result in a Class 2 or a Class 3 felony, depending on the facts of your case. 

Driving Without a License

Illinois traffic law dictates that unlicensed driving will result in a Class B misdemeanor.

Running a Red Light or a Stop Sign

If a driver runs a red light or a stop sign and doesn’t injure or kill anyone while doing so, they will likely have to pay a $120 fine. Additionally, the driver may find 20 demerit points on their Illinois driving record. But if a driver runs a red light or a stop sign and injures or kills someone in the process, they may receive a reckless driving conviction under IL traffic law. 

Unsafe Lane Changes

According to Illinois law, drivers who make improper or unsafe lane changes must pay a minimum fine of $150 for their first offense and a minimum fine of $300 for all subsequent traffic violations. If unsafe lane changes lead to injuries or death, drivers may earn felony charges.

Failure to Stop for a School Bus

The fines for this traffic violation used to be the same as the fines for traffic violations such as unsafe lane changes. However, Illinois lawmakers recently upgraded the consequences in 2020. According to the Illinois Vehicle Code at 625 ILCS 5/11-1414, a first offense of not stopping for a school bus will result in a $300 fine, and all subsequent offenses will result in a $1,000 fine. Additionally, failing to stop for a school bus more than once will result in a revoked license for at least a year.

DUI

First Offense: A driver can spend up to one year in prison or up to 6 months in prison if they had a passenger under the age of 16. If the driver’s BAC was higher than .16%, they may be required to complete 100 hours of community service. The minimum fine is $500 and the maximum fine is $2,500. Lastly, the driver’s license would be revoked for one year or two years if they’re under the legal drinking age.

Second Offense: A driver can spend up to 1-7 years in jail for a second DUI conviction. They could also pay $1,250 to $25,000 in fines depending on their BAC and if they had a passenger under the age of 16 inside the car. Lastly, drivers with a second DUI conviction will suffer a license revocation of 5 years.

Third Offense: A driver can spend up to 7 years in jail and pay a maximum fine of $25,000 for a third DUI conviction. Additionally, they will suffer a license revocation of 10 years.

Clearly, an Illinois driver can suffer serious criminal consequences for driving under the influence of drugs or alcohol. However, these consequences may be further elevated if their BAC was higher than .16%, they had a passenger who was under the age of 16 in the car, or if they have more than one DUI conviction on their record.