Facing a Moving Violation in Illinois? Know Your Options
Receiving a traffic violation is something that all Illinois drivers fear. Being pulled over for a speeding ticket, receiving parking violations in the mail, or being charged with a more serious traffic offense is stressful. You could have to pay fines, receive penalty points, or lose your driving privileges, which can cause significant hardship.
Illinois has two types of traffic violations: moving and non-moving. You can face serious penalties if you have been charged with a moving violation. Even one moving violation ticket can cause you to lose your driver’s license, and you have a right to defend yourself against any moving violations. The lawyers at Hirsch Law Group have been helping citizens throughout Illinois fight against moving and non-moving traffic violations for over 15 years.
Our lawyers have significant experience with all areas of criminal and traffic laws, and we want to do everything we can to prevent a conviction in your case. An experienced traffic ticket attorney from our law firm will investigate your moving traffic violation case, develop a defense strategy, create a Mitigation Packet to support your case, and try to get your charges dropped. With license suspension, our lawyers will fight to reinstate your license and prevent you from suffering any further economic harm.
At Hirsch Law Group, we care about your future. We know that a moving violation can have significant consequences, and we are committed to helping you fight against traffic tickets and violations. Our team of lawyers is dedicated to providing aggressive representation for our clients, and we will work tirelessly to achieve the best possible outcome for your case.
Call our law office today at 815-880-1134 to schedule a free consultation.
Moving Violations Explained
Moving violations are traffic violations that happen when a vehicle is in motion. The law considers moving violations to be dangerous, as they have more potential to cause harm than non-moving violations. Moving violations are divided into two categories depending on their level of seriousness: minor and major moving violations.
Examples of common moving violations in Illinois include:
Exceeding the posted speed limit on the road
Driving through a stop sign
Failing to stop at a red light
Failing to use signals
Driving too close to other vehicles
Making an illegal U-turn
Driving under the influence of alcohol or drugs (DUI)
Moving violations may be charged as traffic offenses or brought as criminal charges. The penalties for criminal moving violations can be severe, and you could face felony charges with a permanent criminal record. However, the severity depends on whether you are charged with major or misdemeanor moving violations.
Prosecutors and police officers are tough on those accused of major moving violations, and you will need a strong defense to prevent serious penalties. A lawyer with Hirsch Law Group can help you build a strong case and protect your rights in court.
Penalties For a Moving Violation
The penalties for moving violations depend entirely on the type of violation you are charged with. Minor moving violations, such as texting while driving or speeding, have less severe penalties than more serious moving violations, such as reckless driving. The penalties for some petty moving violations include:
Speeding ticket – $120 fine for 1-20 mph over the legal speed limit and attendance in traffic school
Running a red light – $120 fine
Making an illegal turn – $120 fine
Criminal Moving Violations
Most traffic violations that are more serious will lead to criminal penalties, including drunk driving, reckless driving, or fleeing the scene of an accident. Criminal penalties are a lot more severe than the penalties for traffic infractions, and you could face jail time, probation periods, and a criminal record. Some examples of criminal penalties for serious moving violations include:
Driving under the influence (DUI) – Up to $2,500 in fines and one year of jail time
Reckless driving – Up to $2,500 in fines and one year of jail time
Hit and run – Up to fourteen years in prison and driver’s license suspension
What Are Non-Moving Violations?
Generally, a non-moving violation occurs when a motor vehicle is not moving. However, some non-moving violations happen when a car is in motion, such as failure to wear a seat belt. A non-moving violation is a traffic infraction that is not reported to the Department of Licensing (DOL). A non-moving violation will not affect your driving record or driver’s license, but a moving violation will.
Examples of Non-Moving Violations
Common examples of non-moving violations include:
An expired license or vehicle registration
Equipment violations, including excessive muffler noise
Parking violations, including parking too far away from the curb
Paperwork violations, including failure to carry car insurance or registration in the vehicle
Tinted window violations
Drivers in Illinois will usually receive traffic tickets for non-moving violations they are required to pay. Local law recently changed to prevent courts from taking away people’s driving privileges for being unable to pay for non-moving violations.
If you face repercussions for failing to pay for traffic tickets, speak with an experienced traffic attorney immediately. They will ensure that your license is not suspended over non-moving violations.
Will a Moving Violation Affect My Driving Record?
Besides potential fines and criminal penalties resulting from moving violations, those who are convicted or cited for a violation will receive penalty points. The point system in Illinois provides that if a person is convicted of three traffic violations within one year, their license will be suspended.
The time they receive a suspension depends on how many points they have on their driver’s record. Too many points can cause license suspension for one year or, in some cases, revocation. Some moving violations can cause an automatic suspension or revocation of your license, including driving under the influence (DUI).
With penalty points on your driving record, you will face significant hikes in your car insurance premiums. Insurance companies try to get as much money from their customers as possible. If you receive a moving violation and penalty points, they will use this as an excuse to increase your insurance rates. With previous moving violations, you may face higher insurance rates for up to five years after receiving a moving violation in Illinois.
Can Moving Violations Affect Commercial Drivers’ Careers?
Commercial drivers play a critical role in transportation, but their careers can be significantly impacted by traffic infractions. What is a traffic infraction? It occurs when a motor vehicle is in motion, involving infractions like exceeding the posted speed limit, running a red light, or reckless driving. Unlike non-moving violations such as expired vehicle registration or parking infractions, traffic infractions are tied to risky driving behavior and can result in severe penalties.
For commercial drivers, maintaining a clean driving record is crucial. Accumulating excessive demerit points due to traffic citations like a speeding ticket, improper lane changes, or failing to stop at a traffic signal can lead to license suspension, jeopardizing their ability to work. The point system penalizes drivers based on the severity of the offense, such as distracted driving or missing a stop sign, with consequences like hefty fines or even jail time for more serious driving violations.
Beyond legal consequences, traffic infractions can affect car insurance rates. Commercial drivers often face increased insurance premiums due to previous traffic infractions, making it costlier for employers to insure their drivers. Additionally, violations like expired registration, equipment violations, or missing license plates can tarnish a professional record, even if categorized as non-moving violation tickets.
Seeking legal representation from experienced attorneys is essential for commercial drivers facing traffic citations. A skilled traffic citation lawyer can help reduce legal implications, mitigate financial consequences, and even prevent severe consequences like job loss. Drivers may also consider traffic school to minimize points and improve their records.
To avoid career disruptions, commercial drivers must adhere to traffic law and maintain safe driving practices. If facing charges, scheduling a free consultation with legal experts is a vital step to protect both their careers and driving rights.
How Can an Attorney Help in a Moving Violation Case?
Working with a skilled attorney on your moving violation case can help you in several ways.
Your traffic ticket lawyer will present and defend you in court. When needed, your attorney will negotiate with the prosecutor to reduce the charges or agree on a lesser penalty. Letting your skilled attorney handle the plea bargain can result in reduced fines or fewer points on your driving record.
Plus, to protect your rights, your attorney will scrutinize the circumstances of the traffic stop, the officer’s conduct, and the evidence against you.
In case of any procedural errors in how the ticket was issued or in case of insufficient or improperly obtained evidence, this can provide grounds to dismiss or reduce the charges.
In all circumstances, your attorney will fight with you to get the best outcome in your favor. If the case doesn’t result in your favor, your attorney can help you understand the appeal process. Though the appeal is not a common occurrence for traffic violations, there may be circumstances where the appeal is warranted.
Traffic Attorneys at Hirsch Law Group
The consequences of a moving violation can be severe. All moving violations have consequences, whether penalty points, revocation of driving privileges, fines, or criminal penalties. The only way to avoid facing these consequences is by hiring legal representation.
An experienced lawyer can help you contest a moving violation by bringing the issue to court, investigating the validity of the traffic ticket, and negotiating to get the citation or charges thrown out. The lawyers at Hirsch Law Group can help you by using their expertise, experience, and unique skills.
At our law firm, we have a wide range of experience in multiple practice areas. Our lawyers have worked as former prosecutors and bring this unique insight to all cases that come through the door. With moving violations, we know that there are serious consequences, particularly for those facing criminal charges.
If you lose your driver’s license, you cannot drive to work, may lose your job, and be unable to bring your children to school and carry out everyday tasks. Traffic courts and prosecutors do not care about the effect that a moving violation could have on an individual’s life, and often, they do not take the time to consider this.
Our law firm will fight tirelessly to prevent license suspension and get your license reinstated if it has been automatically suspended. We will also ensure that your voice is heard and build a mitigation packet on your behalf to give the court a clearer image of who you are and what you could lose, as well as fight to protect your future.
Hirsch Law Group – What is a Moving Violation?
Out of non-moving violations and moving violations in Illinois, the penalties for moving convictions are far more severe. Although it may not seem like it, traffic tickets can be a big deal, and you could end up losing your license with too many points. You reserve the right to defend against moving violations and prevent any serious penalties. The lawyers at Hirsch Law Group want to help you do this.
Our law firm helps citizens of Oklahoma fight against the traffic court and criminal justice system by building powerful defenses and providing aggressive representation. Our managing attorney, Gordon H. Hirsch, has won multiple awards for his experience, including The National Top 40 Under 40 Trial Lawyers, Enterprise 2022 Best Criminal Defense Attorneys in Chicago, and an AVVO rating of 10.0.
When dealing with traffic offenses or criminal charges, you need to have a legal representative who cares about your future. Hirsch Law Group is committed to providing the highest quality of legal representation to all of our clients and ensuring that they can navigate through their cases feeling protected.
Call our law firm today to schedule a free consultation at 815-880-1134.
