Articles Posted in Speeding

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Every year, our attorneys see a variety of important changes to Illinois traffic laws. Here are a few of the new Illinois traffic-related laws effective in 2019.

1. Your first cell phone ticket will count as a moving violation. A first offense violation of the law prohibiting the use of electronic devices while driving will be charged as a moving violation. Under previous Illinois law, this offense only constituted a moving violation after a 2nd or subsequent offense. Fines under the new law are set at $75.00 – 1st offense; $100.00 – 2nd offense; $125.00 – 4th offense; and $150.00 – 4th or subsequent offense. These fines do not include mandatory fees/court costs. This law will become effective July 1, 2019.

2. You are no longer required to sign your citation in order to be released. A person who is stopped for a petty traffic offense, which includes most ordinary traffic offenses under the Illinois Vehicle Code, is no longer required to sign the citation in order to be released. Please note that petty offenses do not include more serious traffic offenses such as DUI, Driving While Revoked or Suspended, Reckless Driving, Leaving the Scene or an Accident, Drag Racing, etc. This law became effective January 1, 2019.

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Rideshare companies such as Uber and Lyft routinely disqualify potential drivers based on traffic tickets that appear on their driving records. These companies run background checks on all drivers in order to determine their eligibility when they first apply and periodically thereafter. Our traffic ticket defense attorneys are often contacted by rideshare drivers looking to clean up their Illinois driving record after finding out they have been disqualified by a rideshare company. Oftentimes, drivers don’t realize the consequences of simply paying a traffic ticket, which results in a conviction on their driving record. Fortunately, under certain circumstances, removing Illinois traffic tickets from your public driving record may be possible.

Rideshare companies have different standards for disqualifying a driver based on their driving record history:

Lyft Driving Record Requirements

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Drivers who are charged with high rate speeding offenses are often surprised to learn that they can face up to a year in jail under current Illinois law. These offenses are commonly known as aggravated speeding offenses and Illinois has increased the potential consequences for drivers who plead guilty or are found guilty of these charges.

Unfortunately, most drivers are not familiar with these changes to our speeding laws. After receiving a speeding ticket, many drivers are only concerned with the inconvenience of appearing in traffic court or the prospect of increased insurance rates. However, these Illinois speeding laws have substantially changed over the years.

Current Illinois law groups speeding offenses into two primary categories – petty and misdemeanor offenses. Speeding 26 or more over the posted limit is charged as a misdemeanor offense, which qualifies as a crime under Illinois law.

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Below are answers to frequently asked questions regarding driving records in Illinois. Driving records are different across all 50 states. Illinois driving records are maintained by the Illinois Secretary of State. They also are often referred to as driving record abstracts and motor vehicle records (MVR).

What information appears on an Illinois driving record?

  • Convictions (traffic tickets, including those issued in other states)
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Courtroom etiquette has many written and unwritten rules and, as we all know, first impressions are lasting impressions, so how you appear and how you behave during your court appearance may have a significant impact on your case. In some extreme circumstances, bad behavior can result in jail time or a fine if you are found in contempt of court. To make a good first impression, you should familiarize yourself with the rules and make sure you adhere to them.

Planning for Your Day in Court

The courthouse is a place of employment for the judge and the court staff. As everybody else, they want to keep their work day smooth and efficient. By arriving on time and following the rules, you show the court the proper respect it deserves and allow the court to maintain efficiency. By doing so, you are also increasing your chances of a more favorable outcome.

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Did you know that it’s possible to remove convictions for Illinois traffic tickets from your driving record? At The Davis Law Group, P.C., our experienced attorneys can assist you in filing a “Motion to Vacate,” which brings your ticket back into court and allows us to argue for a more favorable outcome, such as court supervision, amendment, or dismissal.

While Illinois law doesn’t permit the expungement of traffic tickets, we can help you clear the conviction from your driving record by presenting your case before a judge.

Addressing License Suspensions

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A Class B misdemeanor in Illinois carries a maximum penalty of up to 6 months (180 days) imprisonment in county jail and a maximum fine of $1,500 plus any mandatory court costs. The defendant may be placed on a period of court supervision, conditional discharge or probation for a maximum of 2 years. Sentencing guidelines for a Class B misdemeanor can be found under Illinois law 730 ILCS 5/5-4.5-60.

Speeding 26 to 34 mph over the posted speed limit is one of the most common Class B misdemeanor offenses in Illinois. This offense is also referred to as aggravated speeding, excessive speeding or misdemeanor speeding. Overall, Class B misdemeanors are actually far less common than Class A misdemeanors in Illinois.

Although Class B misdemeanors are not as severe as Class A misdemeanors or felony offenses, they are still criminal charges carrying serious potential consequences. Any criminal conviction on your record may have long term consequences on your personal or professional life.

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Drivers under 21 years old will have their driver’s license suspended by the Illinois Secretary of State if they receive two traffic ticket convictions within a period of two years (24 months). Illinois law holds drivers younger than 21 years old to a higher standard than other drivers.

Primarily, convictions for moving violations under the Illinois Vehicle Code count toward a license suspension. The offense does not need to occur within the State of Illinois. Out-of-state traffic tickets received by the driver may also be reported back to Illinois and used by the Secretary of State to impose a license suspension.

It is important to note that the Illinois Secretary of State uses the date the traffic ticket was issued, not the date that the conviction was entered to determine if the offenses occurred within the 24-month time period.

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This post is for informational purposes only. We are a law firm and CANNOT pay your Cook County traffic ticket.

The Clerk of the Circuit Court of Cook County provides the following website that will allows you to pay certain traffic tickets for a conviction, request traffic school (if you are eligible) or request a court date: CLICK HERE.

This website currently does NOT allow you to pay fines that were assessed in court. It can only be used prior to your court appearance within the timeframe allowed, which is usually listed in the instructions on the back of your ticket (typically 14-21 days from date of issuance). You cannot use the system for tickets that are marked “Must Appear”.

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According to the Illinois Secretary of State, traffic tickets for moving violations will stay on your Illinois driving record for four to five years from the date of conviction. Moving violations include offenses such as speeding, disobeying a stop sign, disobeying a traffic control light, and improper lane usage.  The Secretary of State generally removes these offenses at their discretion during that timeframe.

Traffic tickets that result in a suspension or revocation will stay on your driving record for at least seven years from the date of license reinstatement. Convictions for alcohol and drug-related offenses (i.e. DUI) will permanently stay on your Illinois driving record.

Only court supervision or a dismissal will prevent a traffic ticket from showing up on your public driving record in Illinois. Convictions not only count toward the suspension of your driver’s license but can significantly affect insurance premiums.

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