General Traffic Cases FAQ

In Illinois, aggravated speeding occurs when a driver is alleged to have exceeded the posted speed limit by 26 miles per hour or more. Unlike an ordinary speeding ticket, aggravated speeding is a criminal offense rather than a petty traffic violation. Driving 26 to 34 mph over the speed limit is generally charged as a Class B misdemeanor, while driving 35 mph or more over the speed limit is generally charged as a Class A misdemeanor.

Because aggravated speeding is a criminal offense, the consequences can be much more serious than those of a typical speeding ticket. Depending on the circumstances, you may be arrested or issued a notice to appear in court, and your vehicle may be towed. A conviction may result in fines, court supervision, probation, or even jail, depending on the facts of the case and your criminal and driving history.

Unlike a petty speeding ticket, aggravated speeding cannot simply be resolved by paying a fine. You will generally be required to appear in court unless your attorney is permitted to appear on your behalf. An experienced criminal defense attorney can review the evidence, identify any legal or factual defenses, negotiate with the prosecutor when appropriate, and work to obtain the most favorable outcome available under the circumstances.

If you have been charged with aggravated speeding, it is important to speak with an attorney as soon as possible so that your rights are protected and your defense can begin before your first court appearance.

In Illinois, reckless driving is a criminal offense that generally occurs when a person drives a vehicle with a willful or wanton disregard for the safety of people or property. The offense may also be charged if a person's driving causes a vehicle to become airborne. Unlike an ordinary traffic ticket, reckless driving is a criminal offense that is generally charged as a Class A misdemeanor, although certain circumstances may elevate it to a felony.

Whether a driver should be charged with reckless driving depends on the specific facts of the case. Law enforcement officers and prosecutors consider the manner of driving, road conditions, the surrounding circumstances, and any other available evidence when determining whether the conduct rises to the level of reckless driving.

If reckless driving results in serious bodily injury, permanent disability, permanent disfigurement, or other aggravating circumstances defined by Illinois law, the offense may be charged as aggravated reckless driving, which is a felony. Additional charges, such as DUI, leaving the scene of an accident, driving without insurance, or homicide-related offenses, may also arise from the same incident, depending on the facts.

A conviction for reckless driving can carry significant consequences, including jail, probation, fines, a criminal record, increased insurance premiums, and potential effects on your driver's license. Because every case is different, it is important to consult with an experienced criminal defense attorney as soon as possible. An attorney can review the evidence, explain your options, identify any available defenses, and work toward the best possible resolution of your case.

In Illinois, fleeing or attempting to elude a peace officer occurs when a driver, after being given a visual or audible signal to stop by a law enforcement officer, willfully fails or refuses to stop or otherwise attempts to evade the officer. A first offense is generally charged as a Class A misdemeanor, while repeat offenses or certain aggravating circumstances may result in felony charges.

The offense becomes aggravated fleeing or attempting to elude a peace officer if one or more statutory aggravating factors are present, including:

• Driving 21 miles per hour or more above the posted speed limit.
• Causing bodily harm to another person.
• Causing property damage of $300 or more.
• Disobeying two or more official traffic control devices, such as stop signs or traffic signals.
• Operating a vehicle with a concealed, altered, or invalid registration plate.

Aggravated fleeing or attempting to elude is charged as a felony and carries significantly greater penalties than a misdemeanor offense. In addition to potential jail or prison time, convictions may result in the suspension or revocation of your driving privileges and other collateral consequences. In some felony cases, Illinois law also permits the State to seek forfeiture of the vehicle involved in the offense.

Some drivers mistakenly believe they have the right to continue driving until they reach home or another preferred location before stopping for the police. In most situations, that belief is incorrect. Illinois law generally requires drivers to stop when signaled by a law enforcement officer, and whether a driver's actions constitute fleeing or attempting to elude depends on the specific facts and circumstances of each case. If an officer believes the location where you stopped is unsafe or otherwise unsuitable, the officer will typically instruct you to relocate your vehicle after you have stopped.

Because fleeing and eluding charges can carry serious criminal and driver's license consequences, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can review the evidence, explain the charges, identify any available defenses, and work toward the best possible outcome in your case.

Many misdemeanor traffic offenses in Illinois are eligible for court supervision, but eligibility depends on the specific offense, your driving record, your criminal history, and other factors established by law. Certain offenses, prior convictions, aggravating circumstances, or holding a Commercial Driver's License (CDL) may make court supervision unavailable or significantly limit its availability. Some convictions or dispositions may also require the suspension or revocation of your driving privileges.

Even if you are legally eligible for court supervision, it is not guaranteed. The prosecutor and the court will consider the facts of your case, your background, the circumstances of the offense, the interests of public safety, and any mitigating factors before determining whether supervision is an appropriate resolution.

Because eligibility often depends on information that is not immediately apparent from the citation itself, it is important to provide your attorney with complete and accurate information about your driving history, criminal history, employment, and any other relevant circumstances. Withholding information may prevent your attorney from accurately evaluating your case, identifying potential sentencing options, or effectively negotiating on your behalf.

An experienced criminal defense attorney can review your case, explain whether court supervision may be available, and advocate for the most favorable disposition under the circumstances.

Whether your driver's license will be suspended or revoked depends on the specific offense, your driving history, your current license status, and the facts of your case. While many first-time traffic offenders are able to retain their driving privileges, Illinois law requires license suspensions or revocations for certain offenses, repeat offenders, and cases involving specific aggravating circumstances. In many situations, these consequences are imposed by statute or by the Illinois Secretary of State rather than being left entirely to the discretion of the court.

Because your eligibility to keep or restore your driving privileges often depends on information that is not immediately apparent from the citation itself, it is important to provide your attorney with complete and accurate information about your driving history, any prior suspensions or revocations, your criminal history, whether you hold a Commercial Driver's License (CDL), and any other relevant circumstances. Withholding information may prevent your attorney from accurately evaluating your case, explaining the potential consequences, identifying available options, or effectively negotiating on your behalf.

An experienced criminal defense attorney can review your case, explain how your driver's license may be affected, and work to minimize the impact on your driving privileges whenever possible.

Like any piece of evidence, radar or laser (LIDAR) speed measurements can be challenged. Although these devices are generally considered reliable when they are properly maintained and operated by a trained officer, they are not automatically accepted as accurate in every case. The State must still establish that the equipment was functioning properly and that the speed reading accurately reflected the defendant's vehicle.

In a speeding trial involving radar or laser evidence, attorneys commonly question the officer about the equipment's calibration and testing, maintenance records, any malfunction indicators, the officer's training and experience, and whether the device was operated in accordance with accepted procedures. Depending on the circumstances, issues such as heavy traffic, weather conditions, obstructions, or the officer's ability to continuously identify the correct vehicle may also become relevant.

An experienced traffic defense attorney will carefully review the evidence, request available maintenance and calibration records, evaluate whether the officer complied with applicable procedures, and determine whether the State can prove the alleged speed beyond a reasonable doubt. While radar and laser evidence is often reliable, every case should be independently evaluated rather than assuming the reported speed is automatically correct.

Pacing is a recognized method of estimating a vehicle's speed, but like any other form of evidence, it is not infallible. A pacing determination is only as reliable as the officer's ability to accurately match the speed of the alleged offending vehicle for a sufficient distance while maintaining a consistent separation between the two vehicles.

In a speeding case based on pacing, an experienced defense attorney may question factors such as the distance between the vehicles, the length of time the officer paced the vehicle, traffic conditions, road conditions, whether the officer maintained a constant speed and following distance, how frequently the officer verified the patrol vehicle's speed, and whether the officer ever lost sight of the alleged offending vehicle. Each of these factors may affect the reliability of the pacing estimate.

As with any speeding allegation, the State bears the burden of proving the defendant's speed beyond a reasonable doubt. An experienced traffic defense attorney will carefully examine the officer's testimony, any available video evidence, and the surrounding circumstances to determine whether the State can meet that burden.

Many Illinois traffic offenses are civil or petty offenses that are punishable only by fines. However, certain traffic violations are classified as misdemeanors or felonies and may carry the possibility of jail or prison, probation, a criminal record, driver's license consequences, and other significant penalties.

Many drivers do not realize they have been charged with a criminal offense because the citation they receive may look similar to an ordinary traffic ticket. Depending on the circumstances and the law enforcement agency involved, an officer may arrest the driver, issue a notice to appear in court, or issue a citation requiring a future court appearance. The manner in which the citation is issued does not necessarily indicate whether the offense is criminal or how serious the potential consequences may be.

Because the consequences of a criminal traffic offense can be significant, it is important to speak with an experienced traffic defense attorney as soon as possible. An attorney can explain the charges against you, the potential penalties, whether your driver's license may be affected, and the options available to resolve your case.

RC Dame Law offers free telephone consultations. We are happy to review your citation, explain whether you are facing a criminal or non-criminal traffic offense, discuss the potential consequences, and help you determine whether legal representation would be beneficial in your case.

If you hold a Commercial Driver's License (CDL), even relatively minor traffic violations can have consequences beyond the fines and penalties imposed by the court. Many moving violations carry additional consequences under state and federal commercial driving regulations that may affect your CDL, your employment, your insurance, or your ability to continue working as a commercial driver. Importantly, many of these consequences apply regardless of whether the violation occurred while operating a commercial vehicle or your personal vehicle. More serious offenses, such as DUI, reckless driving, aggravated speeding, or leaving the scene of an accident, can result in mandatory CDL disqualification and other significant penalties.

Because the laws governing Commercial Driver's Licenses differ substantially from those that apply to non-commercial drivers, it is important to consult with an experienced traffic defense attorney as soon as possible after receiving a citation. A resolution that may be be acceptable for a non-CDL driver is not always in the best interest of someone who depends upon a Commercial Driver's License for their livelihood.

An experienced criminal traffic attorney can evaluate the charges, explain the potential consequences to both your personal driving privileges and your CDL, identify available defenses, and work to minimize the impact on your driving record and your career whenever possible.