Traffic Defense

Lake County Traffic Defense Lawyer
Whether you have received a ticket for a minor traffic violation or have been arrested for a more serious offense such as DUI or Driving While License Suspended or Revoked, it is important to have an attorney that is highly experienced in the area of traffic law.  The Illinois Vehicle Code and the Illinois Secretary of State Regulations are extremely complex and often have implications which are not readily apparent.  For instance, did you know that if you are found guilty of passing a stopped school bus that your license will automatically be suspended for at least 90 days?  And did you know that it is possible to take tickets off your record even after you have been convicted?
 
Without an experienced and knowledgeable attorney in traffic law you may face consequences that you are unable to foresee.  So give the Law Office of Winer & Winer a call to be sure your traffic matter is handled properly.

Keeping You on the Road

What may seem like a minor traffic ticket can result the suspension or even revocation of your driving privileges, not to mention a dramatic increase in your insurance rates. And when it comes to the more serious driving offenses, qualified legal counsel can make all the difference.
At the Law Offices of Winer & Winer we handle all types of driving-related matters, including:
 
  • DUI and Aggravated DUI
  • Reckless Homicide
  • Reckless Driving
  • Driving While License Suspended or Revoked
  • Driving Without a Valid License
  • Driving Without Insurance
  • Minor Speeding tickets
  • Aggravated Speeding Over 30 mph
  • Aggravated Speeding Over 40 mph
  • Speeding in a Construction Zone
  • Speeding in a School Zone
  • Passing a School Bus
  • Disobeying a Traffic Control Device
  • Accident Tickets
  • Street Racing (formerly Drag Racing)
  • Failing to Stop for the Police or an Emergency Vehicle
  • All Other moving violations

Clear Up Your Record: Lifting Suspensions & Keeping Premiums Low

In addition to representing clients on pending traffic matters, we also routinely help clients clear up their records of previous traffic convictions. This can result in the lifting or prevention of a suspension and allowing you to legally operate a motor vehicle. So even if your license is currently suspended, or will be suspended in the future, please contact us to see if we can help. We have helped countless clients get their driving privileges back.

But even if your license is not in peril of being suspended, even a single conviction on your driving record can have a dramatic impact on your car insurance rates. So give us a call and see what we can do to keep your car insurance premiums low.

Minor Tickets Can Suspend Your License

Multiple minor traffic convictions can result in the suspension of your driver’s license. If you are over 21 years of age, typically you need to be convicted of three tickets within a 12-month period to have your license be suspended. But if you are under 21 years old, only two convictions within 24 months will result in license suspension. And more convictions may revoke your license.

Keep in mind that any ticket conviction will be held against you by your insurance company and may raise your premiums. So whatever your situation it is important to keep traffic violations off your record.  The Law Office of Winer & Winer can help you do this.

Commercial Drivers License

The consequences of even a minor ticket for a CDL driver can be severe, jeopardizing your CDL and hence your employment. In fact, there is host of minor traffic offenses that will be registered as a conviction even if the court grants supervision thereby unknowingly putting your CDL at risk. As a result it is critical that you have an attorney that understands these consequences of a ticket for a CDL holder and what to do about it. 

To learn more please see our section devoted to CDL Violations.

Misdemeanor Speeding Violations:  30 Miles or More Over the Limit

While not widely known by the general public, if you are stopped for going more than 30 miles over the speed limit you will be charged not merely with a minor traffic offense but with a misdemeanor violation. This means that that the ticket carries the possibility of jail time.
If you are cited for speeding 30 miles per hour or more over the speed limit (but less than 40)  it is a Class B misdemeanor offense. Class B misdemeanors are punishable by up to 180 days in the county jail and a fine of up to $1,500.00.

Speeding 40 or more miles per hour over the speed limit is a Class A misdemeanor offense punishable by up to 364 days in jail and a fine of up to $2,500.00. Furthermore, a driver is not eligible for court supervision. So if you plead or are found guilty for this offense it goes on your record as a conviction, which can result in the suspension or revocation of your driving privileges. As a conviction it will also be made available to  your insurance company and will very likely cause a significant rate increase.

Moreover, receiving a second offense for misdemeanor speeding within 2 years will result in a 90 day suspension of your driver’s license. This can also trigger a revocation of your driving privileges as the Secretary of States Office can discretionarily revoke the driver’s license of repeated violators of the traffic laws, particularly of serious traffic offenses.

Given the serious consequences of a misdemeanor speeding tickets, it is all that more important to be represented by an experienced traffic attorney.  Give the Law Offices of Winer & Winer a call today.

Construction Zone Speed Violations

Speeding in a construction zone tickets carry more serious penalties than a minor speeding ticket. This includes a mandatory $375.00 fine for first violation and a $1000.00 fine for a second violation. This is true even if your receive court supervision. Moreover, a second conviction within two years for this offense will result in a 90 day suspension of your driving privileges.

The speed limit in a highway construction zone is typically reduced to 45 mph in what is normally a 55 or 65 mph zone. And because many drivers are already going faster than the normal posted speed limit, speeding in construction zones tickets are often far in excess of the 45 mph limit, leading to higher fines and more severe consequences.

So if you have received a ticket from speeding in a construction zone it make sense to hire the experienced traffic law attorneys from the Law Office of Winer & Winer.

Automated Enforcement on Speeding in Construction Zones

There has been an increase use by the Illinois State Police of automated traffic enforcement systems to issue tickets to drivers accused of speeding in constructions zones. As a result, a police officer is not required to be at the scene. Rather, an automated radar or laser speed gun is used to get a speed reading of the vehicle and a synced automated camera takes a photo of the driver of the vehicle. And unlike red light photo enforcement systems, which are not typically moving violations, a ticket for speeding in a construction zone is just as serious as if given by a live police officer and carries the same penalties.

However, merely because the ticket is issued does not mean the driver or vehicle owner will be found guilty. The photo must clearly identify the driver and it must be proved that were workers present at the construction zone that day, something not required for officer –issued construction zone speeding ticket. The ticket must also meet contain certain information, which, if not included can result in the dismissal of the ticket.

So if you are charged by an automated photo enforcement system for speeding in a construction zone give the Law Office of Winer & Winer today and see how we can help.

Passing a Stopped School Bus

Pleading or being found guilty in Illinois for the offense of passing a loading or unloading school bus will result in an automatic 90 day suspension of your driving privileges. And if you are convicted for a second time for this offense within five years your license will be suspended for an entire year. It is therefore extremely important to have experienced legal representation if you receive a ticket for this offense.

Unlike most traffic offenses, passing a stopped school bus does is not an offense that carries the possibility of court supervision. Therefore a plea or finding of guilt after trial will result in a conviction on your driving record and the suspension of your driving privileges. Moreover, in addition to court costs there is minimum mandatory fine of $150.00 for a first offense and a $500.00 for a second offense. And as a conviction it will be reported to your insurance company which is sure to raise your premiums.

Despite the serious consequences of this ticket, there are a number of defenses available as the statute requires that certain conditions be met before a driver can be found guilty. Moreover, we are often successful in having the prosecutor amend the ticket to a less serious offense, thereby preventing you license from being suspended.

Given the serious consequences of such a violation it is important to have qualified legal representation. So give the Law Office of Winer & Winer a call so we can get started helping you. This is not the kind of ticket you want to handle on your own.

No Insurance Violations

The State of Illinois requires that all vehicles be covered by liability insurance. A conviction for failing to do so will result in a minimum suspension of three months and a fine of no less than $500.00. Moreover, the Secretary of State will also suspend your vehicle’s registration and may require you to get SR-22 insurance, a special and more expensive form of insurance that the Illinois Secretary of State uses to monitor drivers who have caught driving in the past without insurance. This is the case whether or not you are the owner of the vehicle and have no idea that it does not have insurance. The law merely required that you drive an uninsured vehicle to be liable for this offense.

However, just because you received a ticket for no insurance does not mean that you will be convicted of this offense. If you are able to show proof that the vehicle was insured on the date of the offense the ticket will be dismissed. Furthermore, you may be eligible for court supervision if you can prove that the vehicle was subsequently insured and that you have not previously been found guilty for violating the insurance requirement. A disposition of court supervision will not result in a suspension of your driving privileges though you will be required to obtain SR-22 insurance for a period of 3 years.

So if you have received a no insurance violation it is important to hire a qualified attorney to have the best chance of avoiding the most serious consequences of driving without valid insurance.  The Law Office of Winer & Winer is there to help.

The Best Defense on Traffic Matters

Whatever traffic violation you have received, or whatever the status of your driver’s license, you can be confident that with representation by the Law Office of Winer & Winer that you will get the best representation possible. So give us a call so we can start helping you.

OFFENSES THAT RESULT IN A “SUSPENSION” UNDER 625 ILCS 5/6-206

(“Revocation” Offenses are noted below this section)

Discretionary authority to suspend or revoke license or permit; Right to a hearing. (a) The Secretary of State is authorized to suspend or revoke the driving privileges of any person without a hearing upon a showing of the person’s records or other sufficient evidence that the person:

1. Has committed an offense for which mandatory revocation of a driver’s license or permit is required upon conviction;

2. Has been convicted of not less than 3 offenses against traffic regulations governing the movement of vehicles committed within any 12 month period. No revocation or suspension shall be entered more than 6 months after the date of last conviction;

3. Has been repeatedly involved as a driver in motor vehicle collisions or has been repeatedly convicted of offenses against laws and ordinances regulating the movement of traffic, to a degree that indicates lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway;

4. Has by the unlawful operation of a motor vehicle caused or contributed to an accident resulting in death or injury requiring immediate professional treatment in a medical facility or doctor’s office to any person, except that any suspension or revocation imposed by the Secretary of State under the provisions of this subsection shall start no later than 6 months after being convicted of violating a law or ordinance regulating the movement of traffic, which violation is related to the accident, or shall start not more than one year after the date of the accident, whichever date occurs later;

5. Has permitted an unlawful or fraudulent use of a driver’s license, identification card, or permit;

6. Has been lawfully convicted of an offense or offenses in another state, including the authorization contained in Section 6-203.1, which if committed within this State would be grounds for suspension or revocation;

7. Has refused or failed to submit to an examination provided for by Section 6-207 or has failed to pass the examination;

8. Is ineligible for a driver’s license or permit under the provisions of Section 6-103;

9. Has made a false statement or knowingly concealed a material fact or has used false information or identification in any application for a license, identification card, or permit;

10. Has possessed, displayed, or attempted to fraudulently use any license, identification card, or permit not issued to the person;

11. Has operated a motor vehicle upon a highway of this State when the person’s driving privilege or privilege to obtain a driver’s license or permit was revoked or suspended unless the operation was authorized by a monitoring device driving permit, judicial driving permit issued prior to January 1, 2009, probationary license to drive, or a restricted driving permit issued under this Code;

12. Has submitted to any portion of the application process for another person or has obtained the services of another person to submit to any portion of the application process for the purpose of obtaining a license, identification card, or permit for some other person;

13. Has operated a motor vehicle upon a highway of this State when the person’s driver’s license or permit was invalid under the provisions of Sections 6-107.1 and 6-110;

14. Has committed a violation of Section 6-301, 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B of the Illinois Identification Card Act;

15. Has been convicted of violating Section 21-2 of the Criminal Code of 1961 relating to criminal trespass to vehicles in which case, the suspension shall be for one year;

16. Has been convicted of violating Section 11-204 of this Code relating to fleeing from a peace officer;

17. Has refused to submit to a test, or tests, as required under Section 11-501.1 of this Code and the person has not sought a hearing as provided for in Section 11-501.1;

18. Has, since issuance of a driver’s license or permit, been adjudged to be afflicted with or suffering from any mental disability or disease;

19. Has committed a violation of paragraph (a) or (b) of Section 6-101 relating to driving without a driver’s license;

20. Has been convicted of violating Section 6-104 relating to classification of driver’s license;

21. Has been convicted of violating Section 11-402 of this Code relating to leaving the scene of an accident resulting in damage to a vehicle in excess of $1,000, in which case the suspension shall be for one year;

22. Has used a motor vehicle in violating paragraph (3), (4), (7), or (9) of subsection (a) of Section 24-1 of the Criminal Code of 1961 relating to unlawful use of weapons, in which case the suspension shall be for one year;

23. Has, as a driver, been convicted of committing a violation of paragraph (a) of Section 11-502 of this Code for a second or subsequent time within one year of a similar violation;

24. Has been convicted by a court-martial or punished by non-judicial punishment by military authorities of the United States at a military installation in Illinois of or for a traffic related offense that is the same as or similar to an offense specified under Section 6-205 or 6-206 of this Code;

25. Has permitted any form of identification to be used by another in the application process in order to obtain or attempt to obtain a license, identification card, or permit;

26. Has altered or attempted to alter a license or has possessed an altered license, identification card, or permit;

27. Has violated Section 6-16 of the Liquor Control Act of 1934;

28. Has been convicted of the illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act, in which case the person’s driving privileges shall be suspended for one year, and any driver who is convicted of a second or subsequent offense, within 5 years of a previous conviction, for the illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act shall be suspended for 5 years. Any defendant found guilty of this offense while operating a motor vehicle, shall have an entry made in the court record by the presiding judge that this offense did occur while the defendant was operating a motor vehicle and order the clerk of the court to report the violation to the Secretary of State;

29. Has been convicted of the following offenses that were committed while the person was operating or in actual physical control, as a driver, of a motor vehicle: criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, juvenile pimping, soliciting for a juvenile prostitute and the manufacture, sale or delivery of controlled substances or instruments used for illegal drug use or abuse in which case the driver’s driving privileges shall be suspended for one year;

30. Has been convicted a second or subsequent time for any combination of the offenses named in paragraph 29 of this subsection, in which case the person’s driving privileges shall be suspended for 5 years;

31. Has refused to submit to a test as required by Section 11-501.6 or has submitted to a test resulting in an alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as listed in the Cannabis Control Act, a controlled substance as listed in the Illinois Controlled Substances Act, an intoxicating compound as listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, in which case the penalty shall be as prescribed in Section 6-208.1;

32. Has been convicted of Section 24-1.2 of the Criminal Code of 1961 relating to the aggravated discharge of a firearm if the offender was located in a motor vehicle at the time the firearm was discharged, in which case the suspension shall be for 3 years;

33. Has as a driver, who was less than 21 years of age on the date of the offense, been convicted a first time of a violation of paragraph (a) of Section 11-502 of this Code or a similar provision of a local ordinance;

34. Has committed a violation of Section 11-1301.5 of this Code;

35. Has committed a violation of Section 11-1301.6 of this Code;

36. Is under the age of 21 years at the time of arrest and has been convicted of not less than 2 offenses against traffic regulations governing the movement of vehicles committed within any 24 month period. No revocation or suspension shall be entered more than 6 months after the date of last conviction;

37. Has committed a violation of subsection (c) of Section 11-907 of this Code that resulted in damage to the property of another or the death or injury of another;

38. Has been convicted of a violation of Section 6-20 of the Liquor Control Act of 1934 or a similar provision of a local ordinance;

39. Has committed a second or subsequent violation of Section 11-1201 of this Code;

40. Has committed a violation of subsection (a-1) of Section 11-908 of this Code;

41. Has committed a second or subsequent violation of Section 11-605.1 of this Code within 2 years of the date of the previous violation, in which case the suspension shall be for 90 days;

42. Has committed a violation of subsection (a-1) of Section 11-1301.3 of this Code;

43. Has received a disposition of court supervision for a violation of subsection (a), (d), or (e) of Section 6-20 of the Liquor Control Act of 1934 or a similar provision of a local ordinance, in which case the suspension shall be for a period of 3 months;

44. Is under the age of 21 years at the time of arrest and has been convicted of an offense against traffic regulations governing the movement of vehicles after having previously had his or her driving privileges suspended or revoked pursuant to subparagraph 36 of this Section; or

45. Has, in connection with or during the course of a formal hearing conducted under Section 2-118 of this Code: (i) committed perjury; (ii) submitted fraudulent or falsified documents; (iii) submitted documents that have been materially altered; or (iv) submitted, as his or her own, documents that were in fact prepared or composed for another person.

OFFENSES THAT RESULT IN A REVOCATION UNDER 625 ILCS 5/6-205

Mandatory revocation of license or permit; Hardship cases. (a) Except as provided in this Section, the Secretary of State shall immediately revoke the license, permit, or driving privileges of any driver upon receiving a report of the driver’s conviction of any of the following offenses:

1. Reckless homicide resulting from the operation of a motor vehicle;

2. Violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof;

3. Any felony under the laws of any State or the federal government in the commission of which a motor vehicle was used;

4. Violation of Section 11-401 of this Code relating to the offense of leaving the scene of a traffic accident involving death or personal injury;

5. Perjury or the making of a false affidavit or statement under oath to the Secretary of State under this Code or under any other law relating to the ownership or operation of motor vehicles;

6. Conviction upon 3 charges of violation of Section 11-503 of this Code relating to the offense of reckless driving committed within a period of 12 months;

7. Conviction of any offense defined in Section 4-102 of this Code;

8. Violation of Section 11-504 of this Code relating to the offense of drag racing;

9. Violation of Chapters 8 and 9 of this Code;

10. Violation of Section 12-5 of the Criminal Code of 1961 arising from the use of a motor vehicle;

11. Violation of Section 11-204.1 of this Code relating to aggravated fleeing or attempting to elude a peace officer;

12. Violation of paragraph (1) of subsection (b) of Section 6-507, or a similar law of any other state, relating to the unlawful operation of a commercial motor vehicle;

13. Violation of paragraph (a) of Section 11-502 of this Code or a similar provision of a local ordinance if the driver has been previously convicted of a violation of that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense;

14. Violation of paragraph (a) of Section 11-506 of this Code or a similar provision of a local ordinance relating to the offense of street racing;

15. A second or subsequent conviction of driving while the person’s driver’s license, permit or privileges was revoked for reckless homicide or a similar out-of-state offense.

(b) The Secretary of State shall also immediately revoke the license or permit of any driver in the following situations:

1. Of any minor upon receiving the notice provided for in Section 5-901 of the Juvenile Court Act of 1987 that the minor has been adjudicated under that Act as having committed an offense relating to motor vehicles prescribed in Section 4-103 of this Code;

2. Of any person when any other law of this State requires either the revocation or suspension of a license or permit;

3. Of any person adjudicated under the Juvenile Court Act of 1987 based on an offense determined to have been committed in furtherance of the criminal activities of an organized gang as provided in Section 5-710 of that Act, and that involved the operation or use of a motor vehicle or the use of a driver’s license or permit. The revocation shall remain in effect for the period determined by the court. Upon the direction of the court, the Secretary shall issue the person a judicial driving permit, also known as a JDP. The JDP shall be subject to the same terms as a JDP issued under Section 6-206.1, except that the court may direct that a JDP issued under this subdivision (b)(3) be effective immediately.