Southern Illinois Traffic Law

If you have been issued a traffic citation in the state of Illinois, this website will help guide you through the legal process. While speeding tickets are the most common type of traffic violation, there are a multitude of violations with a variety of possible penalties. These penalties (depending on the underlying offense charged) range from fines, jail, probation, conditional discharge, court supervision, court costs, and may lead to a suspension of your driving privileges. Also, this may affect your insurance costs depending on the points assessed against your driver’s license.

Traffic tickets are governed by Chapter 625 of the Illinois Compiled Statutes (ILCS). Section 625 of the ILCS is collectively referred to as the Illinois Vehicle Code. A couple types of offenses to note are speeding in a construction zone, illegal passing of a school bus and speeding in a school zone which may lead to a mandatory suspension of your driving privileges.

TRAFFIC LAW AREAS OF PRACTICE:

 

Classification of Traffic Offenses in Illinois

 

BUSINESS VIOLATIONS:

In order to legally drive on public highways within the state of Illinois, there are certain requirements that must be met. For example, you must have updated registration and liability insurance. If you fail to have either of these items you could be charged with what is commonly called a business violation. These are typically fine only offenses.

EQUIPMENT VIOLATIONS:

While you are driving a vehicle on an Illinois roadway, your vehicle must meet certain specifications. The policy here is to avoid endangering other persons and property on the roadway.  Some examples of equipment violations are: no tail light, no head light, obstructed rear view mirror, failure to dim head lights or unsecured load.

MISDEMEANOR DRIVING OFFENSES:

These types of offenses, while traffic related, are classified as Class A Misdemeanors. As such, they are punishable by up to 24 months court supervision, conditional discharge, or probation; up to 364 days in jail and/or up to $2,500.00 in fines.

PRETEXT STOPS:

In the State of Illinois, a police officer can pull you over for any of the above reasons, even if the officer is only doing it because he suspects you have done something more serious wrong (Illinois Courts refer to this as a pre-textual stop). This is another reason to make sure you are following all the rules of the road!

Overweight Commercial Driver’s License Tickets

 

CDL TICKETS IN THE STATE OF ILLINOIS.

The controlling Illinois Statute governing fines depends upon schedule as defined is 625 ILCS 5/15-113, which says you shall be fined according to the following schedule (as of 2012).

  • Up to and including 2,000 pounds overweight, the fine is $100
  • From 2001 to 2500 pounds overweight, the fine is $270
  • From 2501 to 3000 pounds overweight, the fine is $330
  • From 3001 to 3500 pounds overweight, the fine is $520
  • From 3501 to 4000 pounds overweight, the fine is $600
  • From 4001 to 4500 pounds overweight, the fine is $850
  • From 4501 to 5000 pounds overweight, the fine is $950
  • From 5001 or more pounds overweight, the fine shall be computed by assessing $1500 for the first 5000 pounds overweight and $150 for each additional increment of 500 pounds overweight or fraction thereof.

Illinois Law pays special attention to truck weight limits. When a truck driver is issued a citation for violation of the Illinois Commercial Driver’s License Statute, the driver faces financial and driving penalties. If you have been issued an Overweight Citation, you should contact an attorney at Lawler Brown Law Firm to advocate on your behalf to control the fine you pay and help you retain your CDL.

Overweight tickets in Illinois can be issued both at stationary weigh stations or portable scales. Illinois truckers may be ticketed for failing to properly flag a wide load, operating a truck that is overweight on one axle, operating a truck that is grossly overweight for the permit carried, or operating a truck that exceeds the weight limit for a particular stretch of highway. An overweight truck lawyer from Lawler Brown Law Firm may substantially reduce the fines that are paid for these violations.

PENALTIES

An overweight trucking ticket may result in large fines and it may lead to the suspension or loss of a driver’s commercial driver’s license (CDL). Fines in overweight trucking matters are calculated by the amount the cited truck exceeded the statutory weight.

CONTACT DEFENSE ATTORNEY DAVID W. LAWLER

Overweight Traffic Tickets can jeopardize your job if you are a CDL holder. You must be able to drive, not only for your sake, but to provide for those whom depend on you. As a former prosecutor for the Williamson County State’s Attorney and as a traffic defense attorney, I will attempt to reduce the high fines and the possible suspension of your CDL.  If you have been charged with an Overweight Ticket, contact my office today and I will advise you of all your options. I appreciate the importance of a Valid Commercial Driver’s License and I will use my knowledge and experience to achieve the best outcome in your case.

Distracted Driving Violations

 

Police in Illinois are cracking down on Distracted Driving and will continue to do so. Distracted Driving is any activity that could divert a driver’s attention away from the task of driving. All distractions endanger driver, passenger, and bystander safety. These types of distractions include and are not limited to:

  • Texting/Sexting
  • Using a cell phone or smartphone
  • Eating and drinking
  • Talking to passengers
  • Grooming
  • Reading, including maps
  • Using a navigation system
  • Watching a video
  • Adjusting a radio, CD player, or MP3 player

Because text messaging requires visual, manual, and cognitive attention from the driver, it is by far the most alarming and deadly distraction.

The controlling Illinois Statute is 625 ILCS 5/11-503.5 which provides:

“A person commits distracted driving when he or she operates a motor vehicle while doing anything that distracts the driver from driving in a lawful manner. Provides that a law enforcement officer may charge a person with distracted driving under this provision if the officer has stopped the person for any violation of a law or ordinance governing the movement of vehicles and if the officer determines that the driver was driving while distracted.”

PENALTIES

Any person who commits the offense of distracted driving is subject to an additional fine equivalent to the amount of the fine for the underlying offense that he or she committed (meaning, you could pay the same fine amount for the offense for which you were pulled over for).

CONTACT DEFENSE ATTORNEY DAVID W. LAWLER

The state treats all traffic offenses as very serious matters. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREE consultation.

The Lawler Brown Law Firm has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.

 

Driving While License Revoked (DWLR)

 

Revocation of a driver’s license or privileges to operate a motor vehicle is defined by Illinois Statute as:

“Termination by formal action of the Secretary of a person’s license or privilege to operate a motor vehicle on the public highways” 625 ILCS 5/1-176.

The most frequent type of revocation occurs for a conviction of driving while under the influence of alcohol and/or drugs or a similar offense occurring out-of-state.

It is important to know that a revocation under Illinois law is, with certain exceptions, for a minimum period of one year and a maximum period that is indefinite. Reinstatement, contrary to common belief, does not occur automatically after the stated minimum mandatory period.

Once your license has been revoked, reinstatement will not occur until the Secretary of State, upon application and after an administrative hearing, makes a determination that to grant reinstatement will not endanger the public safety or welfare. What this means is that after the revocation period ends you must apply for reinstatement.

PENALTIES

The range (maximum to minimum) of penalties for DWLS are up to 364 days in the county jail, fines up to $2,500.00, probation, conditional discharge or court supervision up to 24 months. In addition, you may be ordered to complete public service work, driver safety school or a combination of the above mentioned penalties.

 

CONTACT DEFENSE ATTORNEY DAVID W. LAWLER

The state treats all traffic offenses as very serious matters. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREE consultation.

The Lawler Brown Law Firm has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.

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Driving While License Suspended (DWLS)

 

Suspension of a driver’s license and privileges to operate a motor vehicle is defined under Illinois law as the

“Temporary withdrawal by formal action of the Secretary of a person’s license or privilege to operate a motor vehicle on the public highways, for a period specifically designated by the Secretary.” 625 ILCS 5/1-204.

The most common type of suspension occurs for conviction of three or more moving violations (for example, speeding) within a 12-month period pursuant to 625 ILCS 5/6-206.

A suspension may be distinguished easily from a revocation in that a suspension automatically terminates after a designated period of time, not to exceed 12 months (upon payment of a reinstatement fee), unless otherwise extended for driving while the license was suspended. 625 ILCS 5/6-303 (emphasis added to highlight distinction in terms).

Driving While License Suspended (DWLS) is a Class A Misdemeanor. The governing statute is 625 ILCS 5/6-303 which provides:

“Except as otherwise provided in subsection (a‑5), any person who drives or is in actual physical control of a motor vehicle on any highway of this State at a time when such person’s driver’s license, permit or privilege to do so or the privilege to obtain a driver’s license or permit is revoked or suspended as provided by this Code or the law of another state, except as may be specifically allowed by a judicial driving permit issued prior to January 1, 2009, monitoring device driving permit, family financial responsibility driving permit, probationary license to drive, or a restricted driving permit issued pursuant to this Code or under the law of another state, shall be guilty of a Class A misdemeanor.”

PENALTIES

The range (maximum to minimum) of penalties for DWLS are up to 364 days in the county jail, fines up to $2,500.00, probation, conditional discharge or court supervision up to 24 months. In addition, you may be ordered to complete public service work, driver safety school or a combination of the above mentioned penalties.

 

CONTACT DEFENSE ATTORNEY DAVID W. LAWLER

The state treats all traffic offenses as very serious matters. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREE consultation.

The Lawler Brown Law Firm has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.

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Driving Without Valid Auto Insurance

 

REQUIRED LIABILITY INSURANCE POLICY

The controlling Illinois Statute is 625 ILCS 5/7‑601(a) which provides as follows:

“No person shall operate, register or maintain registration of, and no owner shall permit another person to operate, register or maintain registration of, a motor vehicle designed to be used on a public highway unless the motor vehicle is covered by a liability insurance policy.

The insurance policy shall be issued in amounts no less than the minimum amounts set for bodily injury or death and for destruction of property under Section 7‑203 of this Code, and shall be issued in accordance with the requirements of Sections 143a and 143a‑2 of the Illinois Insurance Code, as amended.

No insurer other than an insurer authorized to do business in this State shall issue a policy pursuant to this Section for any vehicle subject to registration under this Code. Nothing herein shall deprive an insurer of any policy defense available at common law.”

PENALTIES

This is classified as a petty offense which means fine only (cannot be sentenced to jail). The maximum fine is $1,000. Additionally, if you receive a conviction for driving without valid auto insurance, your driver’s license can be suspended by the Illinois Secretary of State. The Illinois Secretary of State may additionally require you to carry SR-22 or “high risk” insurance which can double or triple your insurance premiums.

 

CONTACT DEFENSE ATTORNEY DAVID W. LAWLER

The state treats all traffic offenses as very serious matters. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREE consultation.

The Lawler Brown Law Firm has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.

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Failure to Reduce Speed to Avoid Accidents

 

GENERAL SPEED RESTRICTIONS

The controlling Illinois Statute is 625 ILCS 5/11‑601(a) which provides:

“The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.”

Speeding with reference to posted speed limits is defined in 625 ILCS 5/11-601(b) which provides:

“No person may drive a vehicle upon any highway of this State at a speed which is greater than the applicable statutory maximum speed limit established by paragraphs (c), (d), (e), (f), or (g).”

PENALTIES

While this offense is a petty offense, the fines run up to $1,000. You may also be ordered to do public service work or driver safety school. It is important to note that a plea of guilty may be used against you in a civil case that arose out of an accident. Whereas, a bench or jury trial that you are found guilty in cannot be used against you, a plea of guilty constitutes an admission of guilt that may be introduced against you in the civil matter.

 

CONTACT DEFENSE ATTORNEY DAVID W. LAWLER

The state treats all traffic offenses as very serious matters. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREE consultation.

The Lawler Brown Law Firm has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.

 

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Failure to Yield to Emergency Vehicle

 

OPERATION OF VEHICLES AND STREETCARS ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES.

The controlling Illinois Statute is 625 ILCS 5/11‑907(c) which provides

Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, a person who drives an approaching vehicle shall:

  1. Proceeding with due caution, yield the right‑of‑way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle; or
  2. Proceeding with due caution, yield the right‑of‑way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle; or

 

PENALTIES

Failure to yield to an emergency vehicle is a business offense, but the fine and impact on your license can be more severe. You can be fined between $100 and $10,000. If you receive a conviction (different than court supervision) for Failure to Yield to Emergency Vehicle your license will be suspended by the Illinois Secretary of State for the mandated period.

CONTACT DEFENSE ATTORNEY DAVID W. LAWLER

The state treats all traffic offense as very serious matters. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREE consultation.

The Lawler Brown Law Firm has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.

CONTACT US

Fleeing and Eluding

 

FLEEING OR ATTEMPTING TO ELUDE A PEACE OFFICER.

The controlling Illinois Statute is 625 ILCS 5/11‑204(a) which provides:

“Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing such driver or operator to bring his vehicle to a stop, willfuly fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer, is guilty of a Class A misdemeanor. The signal given by the peace officer may be by hand, voice, siren, red or blue light. Provided, the officer giving such signal shall be in police uniform, and, if driving a vehicle, such vehicle shall display illuminated oscillating, rotating or flashing red or blue lights which when used in conjunction with an audible horn or siren would indicate the vehicle to be an official police vehicle. Such requirement shall not preclude the use of amber or white oscillating, rotating or flashing lights in conjunction with red or blue oscillating, rotating or flashing lights as required in Section 12‑215 of Chapter 12.

PENALTIES

Fleeing and Eluding is a Class A misdemeanor with the normal range of penalties for a class A misdemeanor: up to 364 days in county jail, fines up to $2500, court supervision, conditional discharge or probation up to 24 months.

If you are convicted (straight conviction, conditional discharge or probation) the Illinois Secretary of State will suspend your driver’s license for a period of not more than 6 months for a first time offender and not more than 1 year for a second time offender.

AGGRAVATED FLEEING AND ELUDING

The Illinois Statute here provides that you can be charged with Aggravated Fleeing and Eluding if in committing the above defined offense you do any of the following:

  1. Travel a rate of speed at least 21 miles per hour over the legal speed limit.
  2. Cause bodily injury to any individual.
  3. Cause damage in excess of $300 to property; or
  4. Disobey 2 or more official traffic control devices.

PENALTIES

Aggravated Fleeing and Eluding in the State of Illinois is a Class 4 Felony. As such, it is punishable by up to 1-3 years in prison, a maximum fine of $25,000.00. Further, a third or subsequent violation of Fleeing and Eluding is also a Class 4 Felony.

 

CONTACT DEFENSE ATTORNEY DAVID W. LAWLER

The state treats all traffic offenses as very serious matters. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREE consultation.

The Lawler Brown Law Firm has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.

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Illinois Secretary of State Point System

 

The Illinois Secretary of State has a point system that keeps track of your traffic violations. Each time you are convicted (not the same as court supervision which if completed successfully will not result in points against your license) of a moving violation, points will be added to your driving record according to the point system. Examples of moving violations are speeding, driving while license suspended or driving under the influence. An example of a non-moving violation would be a seat belt ticket. Points are only assessed when a judgment of conviction is entered. They are not reported to the Secretary of State when the officer writes the ticket. Rather, they are reported if you are either found guilty or plead guilty to a traffic violation.

In general, speeding tickets for higher speeds will cause more points to be assessed against you. If you accumulate too many points against your license, the Illinois Secretary of State can suspend or revoke your driving privileges. The point system is designed to penalize habitual offenders. Interestingly, in Illinois, points can be assessed against your record for going too slow.

If you are under the age of 21 and receive two convictions for speeding within a one year period, the Illinois Secretary of State could revoke or suspend your driver’s license. For those 21 or over, three speeding convictions within a one year period could result in the revocation or suspension of your driving privileges.

The duration of the suspension or revocation period depends upon the amount of points that have accumulated against your driver’s license. The amount of points assessed depends upon both the traffic violation and the number of convictions. The points are assigned as follows:

  • Driving over the speed limit
    – 1-10 mph over the limit: 5 points
    – 11-14 mph over the limit: 10 points
    – 15-25 mph over the limit: 20 points
    – More than 25 mph over the limit: 50 points
  • Driving over the maximum speed limit in a school zone―20 points
  • Driving under the minimum speed limit―5 points
  • Driving below the minimum speed limit on an Illinois tollway―20 points
  • Not driving in the right-hand lane when proceeding at less than the normal speed of traffic―20 points
  • Exceeding the maximum speed limit on a bridge or elevated structure―10 points

 

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Improper Passing of a School Bus in Illinois

 

The controlling Illinois Statute is 625 ILCS 5/11‑1414(a) which provides:

“The driver of a vehicle shall stop such vehicle before meeting or overtaking, from either direction, any school bus stopped at any location for the purpose of receiving or discharging pupils. Such stop is required before reaching the school bus when there is in operation on the school bus the visual signals as specified in Sections 12‑803 and 12‑805 of this Code. The driver of the vehicle shall not proceed until the school bus resumes motion or the driver of the vehicle is signaled by the school bus driver to proceed or the visual signals are no longer actuated.”

PENALTIES

If you receive a conviction (different than court supervision) for Improper Passing of a School Bus your license will be suspended by the Illinois Secretary of State for three months. On your second conviction, your license will be suspended for one year.

 

CONTACT DEFENSE ATTORNEY DAVID W. LAWLER

The state treats all traffic offenses as very serious matters. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREE consultation.

The Lawler Brown Law Firm has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.

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Leaving the Scene of an Accident

 

The controlling Illinois Statute is is 625 ILCS 5/11‑402(a) which provides as follows:

“The driver of any vehicle involved in a motor vehicle accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such motor vehicle accident or as close thereto as possible, but shall forthwith return to and in every event shall remain at the scene of such motor vehicle accident until the requirements ofSection 11‑403 have been fulfilled.”

 

PENALTIES

In the State of Illinois, Leaving the Scene of an Accident is a Class A Misdemeanor. The range of penalties are up to 364 days in county jail, probation, conditional discharge or court supervision up to 24 months and/or fines up to $2500.

 

CONTACT DEFENSE ATTORNEY DAVID W. LAWLER

The state treats all traffic offenses as very serious matters. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREE consultation.

The Lawler Brown Law Firm has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.

No Valid Driver’s License

 

The controlling Illinois Statute is: 625 ILCS 5/6‑101(a) which provides as follows:

“No person, except those expressly exempted by Section 6‑102, shall drive any motor vehicle upon a highway in this State unless such person has a valid license or permit, or a restricted driving permit, issued under the provisions of this Act.”

 

PENALTIES

Driving with no valid Illinois driver’s license is a Class B Misdemeanor. The range of penalties is up to 6 months in jail, 24 months probation, conditional discharge or court supervision and/or fines up to $1,500.00.

 

CONTACT DEFENSE ATTORNEY DAVID W. LAWLER

The state treats all traffic offenses as very serious matters. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREE consultation.

The Lawler Brown Law Firm has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.

 

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Reckless Driving in Illinois

 

The controlling Illinois Statute is: is 625 ILCS 5/11‑503 which states as follows:

A person commits reckless driving if he or she:

  1. Drives any vehicle with a willful or wanton disregard for the safety of persons or property; or
  2. knowingly drives a vehicle and uses an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne.

The State takes Reckless Driving offenses very seriously. The basic allegation of Reckless Driving is that you “Threatened the safety and well being of other motorists and/or pedestrians with a willful and wanton disregard.”

 

PENALTIES

Reckless Driving in Illinois is a Class A misdemeanor. The range of penalties for Reckless Driving is up to 364 days in county jail; up to 24 months probation, conditional discharge or court supervision; and/or fines up to $2,500.00. Further, if you receive a conviction for Reckless Driving, your Driver’s License could be suspended or revoked based on prior convictions on your driving record. Last, your auto insurance provider may raise your premiums depending on your driving record.

 

CONTACT DEFENSE ATTORNEY DAVID W. LAWLER

The state treats all traffic offenses as very serious matters. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREEconsultation.

The Lawler Brown Law Firm has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.

 

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Revoked Driver’s License

 

In Illinois your driver’s license may be revoked if you are convicted of Driving under the influence (DUI), various traffic offenses, or another offense involving a fatality.  However, revocation or suspension of your license may not be permanent.  Drivers who seek to have their driver’s license reinstated can request an administrative hearing with the Secretary of State.

INFORMAL CARBONDALE REVOKED LICENSE HEARINGS

If a driver’s license has been suspended or revoked for an offense not involving a fatality, a single DUI arrest, or for a sanction related to lesser moving violations, the driver will be questioned in an informal Southern Illinois hearing.  Informal hearings can result in a restricted driver’s license or a full reinstatement of driving privileges[1].  It is important to speak to an experienced Southern Illinois Secretary of State hearing attorney before attending an informal hearing in order to make certain that you have the best opportunity to have your driving privileges restored.

FORMAL MARION SECRETARY OF STATE HEARINGS

When a driver’s license has been suspended or revoked due to multiple DUIs or a fatality-related offense, it may be possible to request a formal hearing.  In order to obtain a formal hearing, it is necessary to make a written request to the Secretary of State. During a formal hearing, the Secretary of State[2] may ask many detailed and intense questions, which can include the details of the arrest; if the driver has experienced any symptoms of alcohol abuse and dependence; and if the individual made any changes to their life since the arrest.  A hearing officer will provide a summary in a written report including a decision which is usually mailed in 4-8 weeks.

 

LIMITED SOUTHERN ILLINOIS DRIVING PRIVILEGES

If your license has been revoked, limited driving-privileges may be granted if:

  • You have a job, are in school, or need medical treatment; and
  • It is necessary for you to drive to get to these places.

The license will only be good for certain hours and for certain areas or routes. This privilege is conditional. In some instances, you can ask the court to provide temporary driving privileges while in others you have to apply to the Secretary of State. The only relief from a statutory summary suspension involves the installation of a Breath Alcohol Ignition Interlock Device (BAIID) on your vehicle which does not apply to revocations for DUI convictions.

CONTACT A MARION REVOKED LICENSE LAWYER

The reinstatement process can be a long and confusing road if you try to get reinstated by yourself. Preparation is the key to a successful license reinstatement hearing making it necessary to speak to an experienced Southern Illinois Secretary of State hearing attorney as soon as possible.

References:

[1] http://www.cyberdriveillinois.com/departments/administrative_hearings/home.html

[2] http://www.cyberdriveillinois.com

 

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Speeding Tickets for Less Than 31 mph

 

Speeding tickets for up to 30 miles per hour over the legal speed limit are considered petty offenses. Petty means it is a fine only offense. Speeding tickets are the most common violation of the vehicle code in Illinois but should not be taken lightly. Speeding 31 mph over the speed limit can be charged as a class A misdemeanor.

The governing statute for speeding, 625 ILCS (Illinois Compiled Statutes) 5/11‑601(a) provides: “No vehicle may be driven upon any highway of this State at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or endangers the safety of any person or property. The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. Speed must be decreased as may be necessary to avoid colliding with any person or vehicle on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.”

 

CONTACT DEFENSE ATTORNEY DAVID W. LAWLER

The Illinois Secretary of State treats all traffic offenses as a very serious matter. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREE consultation.

Lawler Brown has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.

 

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Speeding in an Illinois School Zone

 

While speeding in a school zone is still considered petty because it is fine only, the Illinois Secretary of State may suspend your license, depending on your driving history. The maximum fine is $1,000. The Illinois Legislature considers this type of charge more serious than other speeding tickets due to the public policy concern regarding the safety of children. As such, there is not court supervision for this offense which means it will count as points against your license if convicted.

The governing statute is 625 ILCS 5/11-605 which reads: “On a school day when school children are present and so close thereto that a potential hazard exists because of the close proximity of the motorized traffic, no person shall drive a motor vehicle at a speed in excess of 20 miles per hour while passing a school zone or while traveling on a roadway on public school property or upon any public thoroughfare where children pass going to and from school.”

For purposes of the statute, a school day runs from 7 am to 4 pm.

 

PENALTIES

Depending on your prior driving record, your driver’s license may be suspended if you receive a conviction for speeding in school zone. Additionally you can be fined up to $1,000.00. The ranges of penalties are probation, conditional discharge or public service work. Also, if you receive a conviction for speeding in a school zone, your insurance provider can s increase your premium payments.

 

CONTACT DEFENSE ATTORNEY DAVID W. LAWLER

The Illinois Secretary of State treats all traffic offenses as a very serious matter. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREE consultation.

The Lawler Brown Law Firm has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.

 

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Speeding in an Illinois Construction Zone

 

If you are either found guilty or plead guilty to speeding in a construction zone, the minimum fine is $375 for your first violation. Two or more violations within a two year period will result in a suspension of your driving privileges for 3 months.

The governing Illinois statute is 625 ILCS 5/11‑605.1 which states in part:

  1. A person may not operate a motor vehicle in a construction or maintenance speed zone at a speed in excess of the posted speed limit.
  2. Nothing in this Chapter prohibits the use of electronic speed-detecting devices within 500 feet of signs within a construction or maintenance speed zone indicating the zone, as defined in this Section, nor shall evidence obtained by use of those devices be inadmissible in any prosecution for speeding, provided the use of the device shall apply only to the enforcement of the speed limit in the construction or maintenance speed zone.
  3. As used in this Section, a “construction or maintenance speed zone” is an area in which the Department, Toll Highway Authority, or local agency has determined that the preexisting established speed limit through a highway construction or maintenance project is greater than is reasonable or safe with respect to the conditions expected to exist in the construction or maintenance speed zone and has posted a lower speed limit with a highway construction or maintenance speed zone special speed limit sign.
  4. Highway construction or maintenance speed zone special speed limit signs shall be of a design approved by the Department. The signs must give proper due warning that a construction or maintenance speed zone is being approached and must indicate the maximum speed limit in effect. The signs also must state the amount of the minimum fine for a violation.”

 

PENALTIES

If you are convicted of speeding in a construction zone in Illinois, the minimum fine is $375.00. Two or more violations committed in less than 24 months can result in a fine of $1,000.00 and a suspension of your driver’s license for 3 months. Additionally, your insurance provider can increase your premium payments if you are convicted of this offense.

 

CONTACT DEFENSE ATTORNEY DAVID W. LAWLER

The state treats all traffic offenses as very serious matters. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREE consultation.

The Lawler Brown Law Firm has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.

 

CONTACT US

Speeding 31 mph Over the Limit & 40 mph Over the Limit

 

Speeding up to 30 mph over the limit is a petty offense. But 31 mph or more over the limit can be charged in Illinois as a Class B Misdemeanor. A Class B Misdemeanor is punishable by up to 6 months in the county jail, fines up to $1,500 or a sentence of probation, conditional discharge, public service work, driving school or court supervision.

If you are caught speeding 40 mph over the limit you could be charged with a Class A Misdemeanor. A Class A Misdemeanor is punishable by up to 364 days in the county jail, fines up to $2,500, probation, conditional discharge, public service work, and/or court supervision up to 24 months.

The governing Illinois statute is 625 ILCS 5/11‑601.5(a) and 625 ILCS 5/11‑601.5(b) which provide as follows:

  1. A person who drives a vehicle upon any highway of this State at a speed that is 31 miles per hour or more but less than 40 miles per hour in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class B misdemeanor.
  2. A person who drives a vehicle upon any highway of this State at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class A misdemeanor.

 

CONTACT DEFENSE ATTORNEY DAVID W. LAWLER

The state treats all traffic offenses as very serious matters. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREE consultation.

The Lawler Brown Law Firm has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.

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Street Racing in Southern Illinois

 

The Illinois Vehicle Code strictly prohibits any act of racing. Street racing is classified as a Class A Misdemeanor.

The controlling Illinois Statute is 625 ILCS 5/11‑506(a)(1) which provides “street racing means:

  1. The operation of 2 or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or
  2. The operation of one or more vehicles over a common selected course, each starting at the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit; or
  3. The use of one or more vehicles in an attempt to outgain or outdistance another vehicle; or
  4. The use of one or more vehicles to prevent another vehicle from passing; or
  1. The use of one or more vehicles to arrive at a given destination ahead of another vehicle or vehicles; or
  2. The use of one or more vehicles to test the physical stamina or endurance of drivers over long‑distance driving routes.”

PENALTIES

Street racing in the State of Illinois is a Class A misdemeanor for your first offense. The range of penalties if you are convicted of street racing, is up to 364 days in county jail; fines up to $2,500.00; up to 24 months probation, conditional discharge or court supervision. A conviction for street racing will also trigger an automatic revocation of your Illinois Driver’s License. A subsequent violation means you could be charged with a Class 4 felony.

 

CONTACT DEFENSE ATTORNEY DAVID W. LAWLER

The state treats all traffic offenses as very serious matters. At the Lawler Brown Law Firm we understand that our legal representation must tailor to your specific life situation. You should feel confident in knowing you hired the right Defense Attorney to best represent your specific needs. No attorney can guarantee the outcome of a case. But rest assured, I will fight to ensure the best possible resolution in your case. Contact our office today for a FREE consultation.

The Lawler Brown Law Firm has offices in Williamson County and Gallatin County to better serve ALL of southern Illinois.

 

CONTACT US

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New Attorney And New Office Location
New Attorney And New Office Location

Adam B. Lawler Law Firm, LLC is pleased to announce the addition of a new attorney, David Lawler. David formerly worked as an Assistant State’s Attorney in Williamson County. David will assist the firm in all existing practice areas along with handling criminal defense, traffic, and DUI. To contact David…

New Attorney and new office location
New Attorney and new office location

Adam B. Lawler Law Firm, LLC is pleased to announce the addition of a new attorney, David Lawler. David formerly worked as an Assistant State’s Attorney in Williamson County. David will assist the firm in all existing practice areas along with handling criminal defense, traffic, and DUI. To contact David…

David Lawler Appointed to Board of Trustees of Marion Carnegie Library
David Lawler Appointed to Board of Trustees of Marion Carnegie Library

Congratulations to Attorney David W. Lawler on his recent appointment to the Board of Trustees of the Marion Carnegie Library. Attorney Lawler is filling the vacancy left by the resignation of Steve Aschieris. Attorney Lawler was appointed by Marion Mayor Robert Butler.

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