Traffic Defense

Lake County Traffic Defense LawyerWhether you received a minor traffic citation or a more serious offense such as DUI, Driving While License Suspended, Aggravated Speeding or Reckless Driving it is critical to have an attorney that is experienced in traffic law. The Illinois Vehicle Code and Secretary of State laws are complex and often have implications that are not readily apparent. For instance, if you are found guilty of passing a stopped school bus your license will automatically be suspended for at least 90 days.

Without an experienced attorney in traffic law you may face consequences you are unable to foresee. Give the Law Office of Winer & Winer a call to be sure your traffic matter is handled properly. What may seem like a minor traffic offense ticket can result the suspension of your driving privileges or increased insurance rates. When it comes to the more serious driving offenses, qualified legal counsel can make all the difference.

You should always seek guidance from a traffic lawyer to understand all the options and potential consequences of even a minor ticket. Although not all minor tickets require a lawyer, it can make the process smoother, obtain the best results possible and avoid possible pitfalls.

Keeping You on the Road
Call 847-336-9111

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
  • All Speeding tickets
  • Aggravated Speeding Over 30 mph
  • Speeding in a Construction Zone
  • Speeding in a School Zone
  • Passing a School Bus
  • Disobeying a Traffic Control Device
  • Accident Tickets
  • Street Racing or Drag Racing
  • Failing to Stop for the Police or an Emergency Vehicle
  • All Other moving violations

Clear Up Your Record: Lifting Suspensions & Keeping Insurance 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 vehicle. Even if your license is currently suspended, or will be suspended in the future, please contact us to see if we can help. But, even if your license is not in peril of being suspended, even a single conviction on your record can have a dramatic impact on your car insurance rates. So give us a call at (847) 336-9111 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.

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 a minimum of $500.00. In addition, the Secretary of State will also suspend your vehicle’s registration and require you to get SR-22 insurance, a more expensive form of 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 requires that you simply drive an uninsured vehicle to be liable for this offense, regardless of who owns it .
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.

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.

Misdemeanor Speeding Violations: 26 Miles or More Over the Limit

If you are ticketed for going more than 26 miles you are not charged with a petty traffic offense but with a misdemeanor violation. This ticket carries the possibility of jail time as Illinois has upgraded these speeding tickets to carry a much more serious penalty.

If you are cited for speeding over 26 miles over the speed limit, but less than 40, it is a Class B misdemeanor punishable by up to 180 days in 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 punishable by up to 364 days in jail and a fine of up to $2,500.00. For this charge a driver is not eligible for Court Supervision and automatically received a permanent conviction on their driving record and I t will be available to an insurance company and likely cause an increase to your rates.

A second offense for misdemeanor speeding within two years causes a 90 day suspension and can possibly trigger a revocation as the Secretary of State can discretionarily revoke the license for repeated violators, especially serious traffic offenses.

Our office has had excellent success in having misdemeanor speeding tickets amended and the speed reduced to avoid these penalties. Given the serious consequences of a misdemeanor speeding tickets, it is 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, even if workers are not present, carry more serious penalties than a normal speeding ticket including a mandatory $375.00 fine for first violation and a $1000.00 fine for a second violation even if you receive court supervision. A second conviction within two years results in a 90 day suspension.

The speed limit in a highway construction zone is usually reduced to 45mph and does not matter if workers are present. Typically, if traffic is not heavy and workers are not present the construction zones speeding driver usually speed a lot more than 45 mph over the limit that leads to more severe consequences.

Our goal is to have the c prosecutor amend the charges to a normal speeding ticket and avoid these enhanced penalties and to obtain Court Supervision. It will save a conviction on your driving, increased fine and insurance rates. If you have received a ticket from speeding in a construction zone it makes sense to hire the experienced traffic attorneys from the Law Office of Winer & Winer.

Passing a Stopped School Bus

Pleading or being found guilty for passing a stopped and flagged school bus will result in an automatic 90 day suspension of your license. If you are convicted for a second time within five years the suspension will be for one year. It is extremely important to have experienced representation if you receive a ticket for this offense, because a prosecutor typically does not amend or reduce the charge for a non-represented Defendant.

Unlike most traffic offenses, passing a stopped school bus does not allow court supervision. Therefore, a plea or finding of guilt results in a permanent conviction on your record and automatic suspension of your license. In addition to the court costs there is a mandatory fine and the conviction is available to your insurance company.

To avoid the automatic suspension, we are usually successful in having the ticket amended and reduced to a less serious charge and avoiding a suspension of your license. If there is a legal defense to your charge, then we conduct a trial with the Judge.

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 as this is not the kind of ticket you should ever handle on your own.

Cell Phone/Texting While Driving Violations

Illinois states that drivers cannot use an “electronic communication device” which includes cell phones, hand-held personal digital assistants, laptop computers, and other portable computers. Additionally, there are increased penalties in using a cell phone in a school or construction zone.

A second or subsequent offense for texting while driving is treated as a moving violation by the Secretary of State and drivers are subject to higher minimum fines after a first offense.

Aggravated Use of a Wireless Phone occurs in a school or construction zone or within 500 feet of an emergency scene and the violation is a cause of serous personal injury or death to another. If great bodily harm, permanent disability, or disfigurement” occurs, the offense is charged as a Class A misdemeanor and if a fatality occurs it is charged as a Class 4 Felony.

To keep this ticket off your record or to fight the charge call our office now.

Leaving the Scene of an Accident

A driver involved in a property damage accident with another vehicle must immediately stop at the scene of the accident or as close as possible and remain there and comply with certain requirements. Violating these rules is a Class A misdemeanor and if convicted, where the damage to the other vehicle is over $1,000, the Secretary of State can suspend your driver’s license.

If the accident causes personal injury or a fatality the driver must stop immediately at the scene or as close to the scene as possible and comply with extra reporting requirements set forth by statute and is a Class 4 felony.

If a driver fails to stop immediately they have within 30 minutes after the property damage accident to call and report the location of the accident, time, name of driver, license registration at a police station.

These charges can have serious consequences and must be handled by an experienced traffic attorney otherwise a suspension may result. Call us now for information on how we will help you.

Fleeing and Eluding

If a police officer signals you to stop, by his overhead lights or siren, and you fail to stop in a timely manner you can be charged with fleeing and eluding, a Class A misdemeanor. However, you can be charged with a felony if during the fleeing you commit several other moving violations, go over 20 mph over or causes an accident with personal injury or property damage over $300. Fleeing and eluding must be handled immediately because of the severe consequences to your license, insurance rates and possible jail time. Only an experienced traffic attorney will know what specific options are available, the legal defenses and is in a better position to negotiate to have the charges amended and reduced to save your license and driving record.

Commercial Drivers License

The consequences of even a minor offense for a CDL driver can be severe and jeopardize their employment. There is host of minor traffic offenses that are registered as a permanent conviction even if the court grants Court Supervision thereby putting a CDL at risk.

It is critical to have an attorney for any tickets received by a CDL holder. For any moving violations it is critical not to mail in payment to the court or request traffic school as it results in a conviction on your CDL. Certain violations can increase insurance rates and result in a disqualification or suspension of your CDL.

With Court Supervision the Secretary of State logs it a “CS” conviction. Court Supervision for non-CDL holder is an excellent outcome but does not have the same benefit for a CDL holder and will appear on their record.

In Illinois, a CDL holder can be disqualified if while driving a Commercial Vehicle they commit two “serious traffic violations” in a three year period. A CDL holder can also be disqualified if they receive a serious violation while driving a non-Commercial vehicle. Two serious violations within three years will lead to a minimum two month disqualification while three violations will result in a possible four month disqualification. To avoid these potential penalties we attempt to negotiate a reduction or amendment to the charges and if necessary go to trial. Either way, it is critical to have a qualified attorney to defend you.

Serious CDL Traffic Violations Include:

  • Speeding 15 mph or more over the limit
  • Reckless driving
  • Improper lane usage or passing
  • Texting or using a cell phone while driving a Commercial vehicle
  • Following too closely.

Disqualifying Offenses Include:

As a CDL holder, it highly recommended to hire an experienced traffic attorney as they face much more serious consequences to their employment.

Court Appearance

Traffic tickets will usually note whether a court appearance is required. For non-mandatory appearance tickets mailing in payment to the court is a plea of guilty that results in a conviction entered on your Secretary of State driving record and can cause an insurance rate increase. However, if applicable to your situation mailing in and requesting traffic school will result in Court Supervision. This can only be determined by the type of ticket and your prior driving record.

Mandatory appearance tickets are usually ones if the offense is a misdemeanor, can result in jail time or an automatic suspension. Failure to appear on any type of ticket will result in a conviction entered on your Secretary of State driving record and cause insurance rates to increase. A warrant can be issued for the offenses that initially carry jail time.

If you are unable to appear on your court date, it is possible for your lawyer to appear to either continue the case or to resolve it without you being present in court with an Affidavit or Power of Attorney.

What is Traffic School?

If the police offer provided an envelope to attend traffic school it may be an option to obtain court supervision and avoid a conviction. But, traffic school and supervision is not always guaranteed depending on your past driving record and type of ticket. If you mail in for traffic school and are later found not eligible a permanent conviction will entered on your Secretary of State record.

Court Supervision

For most minor traffic offense, a person is eligible for court supervision two times in a 12-month period and will not result in a conviction on your record. After the two supervisions, subsequent tickets will result in a permanent conviction. If you had another moving violation in the past year, it is recommended to contact a traffic ticket lawyer to avoid a conviction.

Ignoring or Not Paying a Ticket or Fine

Never ignore or fail to pay a traffic ticket in Illinois. If you fail to pay the fines a conviction may be entered which can lead to insurance rate increase. Also, for certain types of unpaid tickets the Secretary of State may suspend or not allow you to renew your license until they are complied with. Often for past unpaid tickets and convictions a traffic attorney can file a motion court to reinstate supervision and vacate the conviction.

Knowledgeable Defense at Work for You

The attorneys at Winer & Winer have more than 40 years of legal experience and know what it takes to achieve the best results for all their clients in any traffic related situation. You deserve an attorney who understands every aspect of traffic law and will defend his clients with vigor. Put our decades of experience and knowledge of the court system on your side. Call 847-336-9111

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

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 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 Sec. 11-204 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 par. (a) or (b) of Sec. 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 or similar to an offense specified under Sec. 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” 625 ILCS 5/6-205

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 Sec. 12-5 of the Criminal Code 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 par.(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 immediately revoke the license/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.