Schaumburg Traffic Crimes Lawyers

Attorneys Defending Against Misdemeanor and Felony Traffic Charges in Schaumburg, IL

Paying a traffic ticket is the same as a guilty plea. An offense will go on your driving record the same as if you were convicted after a trial. In Illinois, that record can determine whether you will be able to keep your license. Some traffic charges may go beyond simple violations, and they are treated as crimes that may be punishable by jail sentences and will be visible on your permanent criminal record.

At Cosley Law Office, our Schaumburg traffic crimes attorneys will look at what a charge will actually cost you before deciding how to resolve it. Attorney Donald J. Cosley has more than 30 years of courtroom experience.

Where the Line Falls Between a Traffic Ticket and a Crime in Illinois

Ordinary speeding at 25 mph or less over the limit is a petty offense. It carries a fine, no jail, and no criminal record. However, when speeding goes past that point, the charge changes character. Driving 26 to 34 mph over the limit is a Class B misdemeanor, with penalties that may include a maximum six-month sentence in jail and a fine that may be as high as $1,500. Driving 35 mph or more above the speed limit is a Class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $2,500. Reckless driving, which generally involves driving with a willful or wanton disregard for safety, is also a Class A misdemeanor, and so is driving on a suspended or revoked license.

Felony traffic charges may apply in certain cases. Aggravated reckless driving, which applies when a person drives in an unsafe manner and causes someone to suffer great bodily harm or permanent disfigurement, is a Class 4 felony carrying one to three years in prison. Hit-and-run cases can also result in Class 4 felony charges. Repeat convictions for driving on a revoked license can also lead to felony charges.

Three Traffic Convictions Can Cost You Your Illinois License

Illinois will suspend the license of a driver over the age of 21 who has been convicted of three offenses classified as moving violations within a 12-month window. For drivers under the age of 21, two convictions within 24 months will lead to a license suspension. The Secretary of State will use the point totals from those violations to determine how long a suspension will last.

The possibility of a license suspension demonstrates why quietly paying a ticket is a risk. A driver can receive two convictions without giving either one much thought, but they may then lose their driving privileges because of a third minor violation. Court supervision, where it is available, may allow a person to avoid a conviction entirely and keep the violation from counting toward that total. However, when a driver holds a commercial driver's license (CDL), court supervision will be reported, and it can be treated as a conviction that could lead to the disqualification of their CDL.

Some offenses may result in a license suspension after a single conviction. Drag racing and leaving the scene of a crash involving injury or death will generally lead to a license revocation after a first-time conviction. Once privileges are revoked, restoring them will require a formal driver's license reinstatement proceeding rather than simply waiting out a suspension period.

Traffic Violation Charges That Carry Consequences Beyond the Courtroom

Some traffic violations can affect your license, your insurance rates, or your ability to work even after the end of a court case. Common examples include:

  • CDL Violations: A conviction for an offense while driving a commercial vehicle and some convictions for offenses while driving a personal vehicle can affect a person's commercial driving privileges.
  • Out-of-State Violations: A conviction in Illinois can follow a person home to a different state when driving records are shared between states.
  • Driving Without Insurance: A conviction can lead to fines, and it may affect a vehicle registration and a person's driving privileges.
  • Texting and Driving: These violations can count as moving violations, and they can contribute to a future license suspension.
  • Scott's Law Violations: Failing to slow down or move over for an emergency or stopped vehicle can lead to serious fines, and harsher penalties may apply if an offense allegedly resulted in an injury.

Our attorneys can help you understand which consequences may apply for a specific charge and whether a dismissal or other resolution may reduce the impact on your record and your driver's license.

Defense Strategies Against Traffic Crime Charges

Traffic cases are built on evidence that can be examined. Radar and laser readings depend on calibration records and on the officer's training and certification. Video footage from dashboard cameras or body cameras may sometimes contradict the narrative in a police report. In a hit-and-run case, the state has to prove knowledge that an accident occurred.

The goal is not always an acquittal. In some cases, a traffic charge may be reduced to a non-moving violation, or court supervision may be available. These measures may be used to protect against the loss of your license and minimize the impact on your record.

Working Directly With Cosley Law Office in Traffic Crime Cases

Attorney Cosley personally handles every aspect of his cases. When you call with a question, you will be able to speak with the attorney representing you, and we will return phone calls within 24 hours. We know the local courts, the judges, and the prosecutors in the courtrooms of Cook County and DuPage County, which can ensure that we will be able to negotiate a positive outcome for you or contest charges when necessary.

Contact Our Schaumburg, IL Traffic Crimes Attorneys

At Cosley Law Office, we will explain the impact that a traffic charge will have on your record as we help you decide what steps to take during your case. Our firm has earned more than 75 five-star reviews from clients who value our clear, direct approach. Consultations are free. Contact our Schaumburg traffic crimes defense lawyers at 847-253-3100 before you pay a traffic ticket.