Traffic tickets are a common occurrence in Yorkville, Illinois. Make sure you know your rights as a driver and what to do if you receive a traffic citation in Yorkville. Visit: https://andrewnickel.com/traffic-ticket-yorkville/
As a former supervisor of the traffic, DUI and misdemeanor division of Kendall County, we know how to help you solve your traffic ticket problems. Visit our website for more information on traffic tickets in Yorkvilleand to better understand your rights as a driver in Illinois
Driving While Suspended or Revoked License in Illinois
Driving with a suspended or revoked license can lead to serious penalties for the average person. Without aggressive legal help from a skilled criminal attorney, you could be facing up to a year in jail.
Speeding Offenses Yorkville, IL
Most traffic tickets are petty offenses, then there’s aggravated speeding. Due to a recent law change, heavy speeding can now land you a misdemeanor charge. Work with our team to determine how to reduce or eliminate the charges against you.
Reckless Driving Yorkville Illinois
Reckless driving is when a person drives with a total disregard for the safety of persons or property. If there are injuries to others, you could be looking at a felony.
Fleeing and eluding a police officer is a misdemeanor and if it is deemed as aggravated, the charges will become a felony. We understand the nuances of the law, the courtrooms and the prosecutors, which we will use to benefit your situation.
Passing a School Bus Yorkville
Passing a school bus is an automatic conviction with a penalty of a suspended license. The only way out of this consequence is to have the charge amended by a prosecutor.
Leaving the Scene of an Accident in Yorkville
Leaving the scene of an accident in Illinois will lead to a misdemeanor criminal charge, if there were injuries involved in the accident then it could be a felony. We work tirelessly for all our clients to understand all the facts and pursue the best outcome possible.
Driving While Suspended or Revoked in Yorkville, Illinois
Traffic incidents in Yorkvillecan quickly become serious nuisances. We have tried countless bench trials and know how to get results for our clients. Driving while your license is suspended or revoked (DWLS/R) is a Class A misdemeanor, punishable by a maximum possible penalty of up to one year in the county jail and a $2500 fine. There are many reasons one’s license could be suspended, such as too many traffic tickets, tollway violations or parking tickets, and the DWLS/R charges are treated similarly. If your license is suspended in relation to a DUI or statutory summary suspension, however, there are several mandatory sentencing provisions.
There are two aspects any DWLS/R case: ● The criminal case of DWLS/R; and ● The consequences the case may have on your privilege to drive.
The Criminal Case
As mentioned above, DWLS/R is a Class A misdemeanor. DWLS/R charges are notoriously difficult to fight in court. All the State needs to show is that you were driving, to which the officer will testify, and that your license was suspended or revoked, which it can do with a certified copy
of your driving record. The only ways to challenge a DWLS/R case is if the officer lacked a valid, legal reason to pull you over or if no one saw you actually driving, even if you later admitted you were. Because these situations are uncommon, having an attorney that is experienced in negotiating with prosecutors, or who knows when you are better off not negotiating at all, is essential. DUI & Alcohol-related Suspensions If your license is revoked from a DUI conviction or if you have a statutory summary suspension (SSS) from being arrested for a DUI, your charge is very serious. If you have had a prior charge of DWLS/R your case can be charged as a felony if it has not been already. Even if this is your first DWLS/R, if you are on an SSS and are eligible for an MDDP (blow-and-go), but chose not to get one, your case can be charged as a felony. If either of these situations applies to you and your case is still charged as a misdemeanor it is vital that you have legal representation. It is much easier to convince a prosecutor to not charge you with a felony than it is to convince her to reduce a felony back to a misdemeanor. Even if your case is a misdemeanor, there are several mandatory sentencing requirements. For example: ● A first offense requires either 10 days in jail or 240 community service hours; ● A second offense requires either 30 days in jail or 300 community service hours; and ● A third offense mandates 30 days in jail with NO option for community service. ● A second offense is a Class 4 felony, but the more prior offenses you have, the higher the class of felony
The Consequences on your Driver’s License in Illinois Just like any other misdemeanor, there is a range of sentencing possibilities. The sentence you are given has a huge impact on your driving privileges. Specifically, if you receive court supervision the impact is minimal; if you receive a conviction (probation or conditional discharge) the suspension of your license will be extended by at least three months. Even if your license is now valid and you are convicted of DWLS/R, your license will be re-suspended for at least 3 months.
Normally, speeding is a petty offense. Like with mosttraffic offenses in Yorkville, court supervision is an option with a fine and possible traffic school (traffic school is mandatory for offenders under 21). If, however, you are speeding more than 25 miles per hour over the posted speed limit, your case is a misdemeanor. Additionally, depending on where you are speeding, other mandatory consequences may apply.
Speeding 26 to 34 mph over the posted speed limit:
A recent change in the law makes it a Class B misdemeanor if you are speeding in this range. Furthermore, the law does not allow a sentence of court supervision, so speeding 26-24 over the limit is a mandatory misdemeanor conviction. That means a plea or finding of guilty will result in a conviction that will appear both on your driving record and on your criminal record. Depending on your driving record, it may be possible to get the charge reduced to a petty offense.
Speeding 35+ mph over the posted speed limit: A Class A misdemeanor. Like speeding 26-34 over the limit, court supervision is not an option. If you plead guilty or are found guilty it will result in a conviction on your driving and criminal records.
Speeding in a Yorkville School Zone:
Although this offense is still a Petty Offense, conviction is mandatory, as is a $250 minimum fine. The only way to avoid these consequences is for the prosecutor to amend the charge.
Speeding in a Construction Zone:
A Petty Offense, this offense includes a mandatory minimum fine of $375. Two violations within two years results in an automatic 90 day suspension of driving privileges.
Reckless Driving in Illinois
It is a common misconception that anyone act will constitute reckless driving, such as driving at an extremely high rate of speed. Reckless driving is when a person drives with a total disregard for the safety of persons or property. Reckless driving is a Class A misdemeanor in most cases. If an accident occurred in which anyone was seriously injured it can be charged as a Class 4 Felony. Additionally, multiple convictions can result in revocation of your driving privileges.
A Class A Misdemeanor, punishable by a maximum possible penalty of one year in jail and/or a $2500 fine. Any conviction will result in automatic revocation of driving privileges, although supervision is a possible sentencing option. For more information about sentencing, please see the Criminal Law page.
A first offense is a Class 4 Felony; a second or subsequent offense is a Class 3 Felony. Court supervision is not a possible sentence in felony cases, so pleading guilty or being found guilty will result in the automatic revocation of your driving privileges. Fleeing and eluding a police officer becomes “aggravated,” and therefore a felony, when any of the following occurs while the offender is fleeing and eluding: ● The vehicle was, at any time, traveling 21 miles or more over the posted speed; ● bodily harm caused to any individual; ● Property damage in excess of $300; ● offender disobeyed two or more traffic control devices; or
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the vehicle involved had a registration plate that was altered or concealed.
Passing a School Bus
A Petty Offense, a conviction is mandatory and will result in an automatic suspension of your driving privileges. The only way to avoid the conviction and suspension of driving privileges is for the charge is amended by the prosecutor. Depending on if this is your first or second+ offense, the length of the suspension will vary: ● Suspension of driving privileges for first-time offender is for three months. ● Suspension of driving privileges for 2nd or subsequent offense is for five years. ● Also subject to minimum fine of $150 for first offense, $500 for second offense.
Leaving the Scene of an Accident
A Class A misdemeanor. If the accident involved a death or personal injury the charge is a Class 4 Felony. Furthermore, if the accident involved a death or personal injury a conviction is mandatory will result in automatic revocation of driving privileges.
Street Racing in Illinois
A first offense of Street Racing is a Class A Misdemeanor; the minimum possible fine is $250. A second offense is a Class 4 Felony; the minimum possible fine is $500, plus court costs. Any conviction will result in automatic revocation of driving privileges.
Unlicensed Driving
Driving without a valid driver’s license is a Class B misdemeanor. A single violation can cause your driving privileges to be suspended, even if you have never had a license, increasing possible penalties for any future driving offenses.