Removing a traffic accident entry from your Illinois driving record may be possible. However, there are a number of questions to consider in order to determine your options. Most importantly we must know:
There are several new Illinois traffic laws that have taken effect recently, which all drivers should be aware of:
Texting while Driving Resulting in Injuries
This law became effective on July 1st, 2020 and provides that drivers who text while driving resulting in great bodily harm, permanent disability of disfigurement to another person are subject to a license suspension of 12 months and a minimum fine of $1,000.00.
CDL holders are often misinformed about their options after receiving a traffic ticket in Illinois. As a result, they often request court supervision or traffic school in hopes that the offense will stay off of their public driving record, only to find out later that it did not. While an attorney may be able to remedy this situation by reopening the case, it is better to handle these situations properly from the outset.
For many years, Illinois has provided a type of sentencing in traffic and criminal cases known as court supervision. Court supervision is not considered a conviction under Illinois law, and typically avoids the consequences a conviction may bring with it.
In traffic cases, the advantage of receiving court supervision for the average driver is that it does not appear on the driver’s public record and, therefore, is not available to employers or insurance companies. Furthermore, it does not count towards a suspension or revocation of their driver’s license.
Due to the health concerns surrounding the spread of COVID-19, many upcoming court appearance dates in Illinois have been postponed. This includes court dates scheduled throughout the primary geographic area of our legal practice: Cook County, Lake County and DuPage County. The details below are related to criminal and traffic cases. For the most up-to-date information, please review the information posted by the Clerk of the Circuit Court in the county where your case is pending.
Cook County Courthouses
Most court appearances scheduled from March 17, 2020 through April 15, 2020 will be rescheduled.
Speeding tickets and other moving violations are assigned a certain number of points on your Illinois driving record depending on the specific offense.
Speeding tickets can vary between a minimum of 5 points and a maximum of 50 points as follows:
A school bus permit is required to transport school children through 12th grade for a public, private or religious school in a school bus or any other approved vehicle owned by or operated for a school or religious institution over a regularly scheduled route. School bus permit holders are subject to strict rules and regulations, especially when it comes to traffic tickets.
School Bus Permit Requirements
Permit holders must be at least 21 years of age, have held a valid license for the previous three years prior to application for a school bus permit, complete a classroom training course, pass a written test, road test, physical examination, and an FBI criminal background check.
NOTE: WE ARE A PRIVATE LAW FIRM. THIS POST IS FOR INFORMATIONAL PURPOSES ONLY. PLEASE CONTACT THE COURTHOUSE DIRECTLY FOR ADDITIONAL INFORMATION.
How do I find criminal case or traffic ticket information in Illinois?
The individual Circuit Court clerks maintain the court records for each county throughout Illinois. Illinois does not currently have a comprehensive online system that allows you to search case information throughout the state. Each clerk’s office provides a different method for looking up case information online. While some counties have full access through their website, other counties require you to visit in-person or call the specific courthouse where your case took place in order to obtain case information. Many counties, including Cook County, are currently taking steps to expand their online access. Information related Cook County, Lake County, DuPage County and Will County is provided below.
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.
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
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.
Published by The Davis Law Group, P.C.