970 McHenry Avenue, Crystal Lake, IL 60014
Search
Botto Gilbert Lancaster, PC

Call Today for Your FREE Consultation

Call Us800-338-3833 | 815-338-3838

Facebook Twitter LinkedIn
Subscribe to this list via RSS Blog posts tagged in traffic offenses

Reckless Driving Charge Needs Proof of IntentReckless driving is one of the more serious traffic offenses that you can be charged with. Illinois law defines reckless driving as a willful or wanton disregard for the safety of yourself and others. Examples of reckless driving include:

  • Traveling 35 miles per hour or more over the speed limit;
  • Swerving between lanes without signaling; and
  • Using an incline to become airborne.

A reckless driving conviction is a class A misdemeanor, punishable by as long as one year in jail and a fine of as much as $2,500. The charge becomes aggravated reckless driving — a class 4 felony — if someone is injured as a result of your reckless driving. Defending yourself against a reckless driving charge requires forcing prosecutors to provide evidence of your alleged driving behavior.

Pushing for Specifics

When you contest your reckless driving charge, prosecutors must explain what you did that constituted reckless driving and present proof of their accusations. There are typically three forms of evidence in a reckless driving case:

...

The warm weather months are a time for increased use of the roads by drivers and construction workers. Drivers are more likely to take road trips, while road construction crews need spring and summer to perform maintenance. When drivers and construction workers share the road, there is potential for disaster. A mistake by either side can cause serious injuries or death. Vehicle accidents in road construction zones may also result in criminal charges and personal injury claims. With all the factors involved in a construction accident, determining fault becomes complex.

Driver Liability

According to the Illinois Department of Transportation, drivers are more often victims in road construction zone crashes than construction workers. Road construction can create narrowed or reduced lanes, and construction zones often have reduced speed limits for the safety of both the drivers and workers. Drivers in Illinois who neglect to slow down or avoid construction areas may face traffic charges and civil penalties:

...

Posted on in Traffic Offenses

Indicators of Impairment: Part I, DUI, McHenry County DUI defense attorneys, traffic offenses, probable cause, indicators of impairmentA cornerstone principle of criminal law in Illinois is that an officer must have probable cause to believe a person has broken the law or is in the process of breaking the law before that person can be placed under arrest. This principle holds true in Illinois driving under the influence cases as well. Before placing a suspected drunk driver in handcuffs, the arresting officer must possess facts that would suggest to a reasonable person that the suspect has in fact been operating a vehicle under the influence of alcohol. Many Illinois officers rely on the presence of one or more indicators or clues to support this probable cause finding.

Indicators of Intoxication While Driving

When asked for the facts or circumstances which justify the arrest of a suspected drunk driver, officers will routinely go back to indicators of impairment that the officer may have seen while the suspect was driving his or her vehicle. These indicators may include:

...

traffic ticket, traffic offense, Crystal Lake Traffic Ticket AttorneysTraffic tickets often seem like an unavoidable part of modern life and are thought of more as an annoyance than a legitimate legal matter. After all, it would likely be difficult to find a person who does not occasionally exceed the posted speed limit or take a prohibited right turn on red every now and then. However, the truth of the matter is that anytime a person is accused of violating the law, it is a serious issue.

While the initial consequences associated with many minor speeding tickets may seem inconsequential, they can often compound and result in unexpected consequences months or even years after a ticket is paid. In addition, there are many traffic-related offenses, such as driving under the influence, that are serious matters and may result in significant legal penalties. Consequently, it is important for anyone who has been accused of a traffic offense to retain an attorney as soon as possible.

Traffic Tickets Can Result in Serious Penalties

...

McHenry County traffic attorney, red light camera law, traffic offenses, Illinois Supreme Court, red light camerasRed light cameras are one of the most noticeable ways in which law enforcement technology affects people's lives. A charitable interpretation of the cameras is that they keep the streets safer and allow police departments to utilize officers to fight more serious crimes. However, opponents of the cameras see the hundreds of millions of dollars that the cameras have brought in, and point out that the cameras are prone to making mistakes, they circumvent ordinary due process, and are just about generating money for the municipality.

Because of these complaints, some opponents brought a lawsuit challenging the validity of Chicago's red light camera system, as well as the state law that authorizes it. The lawsuit made it all the way to the Illinois Supreme Court, but then it ended with more of a whimper than a bang. The Court ended up upholding the law on procedural grounds with a three sentence opinion.

Challenges to the Law

...
Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
Back to Top