Driving Violations
Tickets issued while in actual physical control of a motor vehicle.
Fleeing or Attempting to Elude Police - 625 ILCS 5/11-204
If you do not pull over for a law enforcement officer while driving after you are given audio (sirens) or visual (lights) signals, you may be charged with fleeing or attempting to elude.
Law enforcement officer signals include lights, sirens, hand signals, and audible cues. If you intentionally speed up or disregard these signals and are charged with this offense, your license may be suspended for up to six months.
We are able to contest this charge by scrutinizing the action of the law enforcement officer. Facts that strengthen your defense include whether the law enforcement officer is in uniform, whether the law enforcement vehicle is marked, whether the signals given were clear, whether the driver willfully increased their rate of speed, and whether the driver ignored orders.
Aggravated Fleeing or Attempting to Elude Police - 625 ILCS 5/11-204.1
Fleeing or Eluding is classified as “aggravated” when one of the following factors are included while a driver intentionally fails to pull over for a law enforcement officer when provided audio or visual signals.
Property damage to another person or the State of Illinois
Bodily harm to a person
Driving over 21 miles over the speed limit
Disregarding more than two traffic control devices
When a driver has two or more convictions of this nature
If one of the above factors are present, the prosecution will charge this offense as a Class 4 felony which can be punishable to over a year in prison.
Similarly to a misdemeanor fleeing or eluding, we can contest this charge depending on the action of the law enforcement officer during this investigation.
Reckless Driving - 625 ILCS 5/11-503
If you intentionally operate a motor vehicle in a way which disregards safety to life or property, you may be charged with reckless driving. This includes knowingly driving a car in a way which results in the vehicle leaving the ground and becoming airborne off a ramp or incline.
Reckless driving investigations often include additional citations in connection to offenses such as speeding, failure to reduce speed, or driving under the influence. The prosecution will likely use a “totality of circumstances” argument, asking the judge or jury to look at all the facts of the case to support this claim.
A “totality of circumstances” argument can also be used in your defense, such as if you drove a vehicle in a specific manner to avoid an accident or in an emergency.
Open Container of Alcohol - 625 ILCS 5/11-502
You may be charged with this offense if law enforcement officers find any container (cup, bottle, etc.), filled with any amount of an alcoholic beverage, and is open, unsealed, or has a broken seal within your motor vehicle.
When a law enforcement officer finds an open container of alcohol, they often change a traffic investigation into a driving under the influence investigation, substantially altering the tactics and goals of the investigation.
We scrutinize the legality of the traffic stop and the discovery of the container. If the officer lacked a lawful reason (probable cause) to search your vehicle and find the container, the evidence must be suppressed. If the facts point to valid probable cause, we may instead argue that the container was not legally "open." This includes challenging the status of re-sealed liquor bottles or factory-sealed containers that may have been damaged.
Constructive Possession Theory
Constructive possession requires that you have the ability, and the intent, to exercise control over the item. Constructive possession theory is applicable in traffic offenses if an illicit item (drugs, firearms, or alcohol) is found within the vehicle (trunk, glove compartment, center console, under a seat, in a bag, in a jacket, or any other container). The driver is often presumed to have been in control of the item in question within the entire vehicle.
Constructive possession allows the prosecutor to charge you with a crime (such as possession of drugs or an illegal firearm) even if the illegal item was not found directly on your person. This is opposed to actual possession, where the illegal item was physically in your hand, pocket, or immediate grasp. To prove constructive possession the prosecutor must show that you knew the contraband was present, and that you had immediate and exclusive control over the area where the contraband was found.
We can challenge knowledge by arguing that you were unaware that the item existed, therefore lacking intent to possess. We can also challenge control by arguing that the control of the item was not exclusive if the location was shared and accessible to multiple people.
Scott’s Law / Move Over Law – 625 ILCS 5/11-907(c)
Drivers must slow down and change lanes, if possible, for emergency, construction and maintenance vehicles and employees. If a driver is in violation of this statute and causes death to another person, it may be charged as a Class 1 felony, resulting in over $10,000.00 of fines, permanent license revocation, and jail time.
Scott’s Law is a highly prosecuted offense that the State of Illinois takes very seriously for the interest of public safety. This statute is named after Lieutenant Scott Gillen of the Chicago Fire Department who was responding to a car accident and was subsequently struck and killed by an intoxicated driver who failed to move lanes.
Hiring an attorney to analyze the facts surrounding this violation is critical. The statute outlines guidelines as to whether it is possible for a driver to change lanes based upon the totality of circumstances. We can argue that it was unsafe or impossible to execute a lane change, meaning the your only obligation was to reduce speed and proceed with caution.
Drag Racing - 625 ILCS 5/11-506
Racing is charged as a Class A misdemeanor offense in Illinois. Street racing or drag racing offense is defined broadly to include any competitive attempt to outdistance another vehicle or compare the relative speed of vehicles.
The prosecutor must prove intent for this offense, showing that you were engaged in a competitive attempt to outdistance or compare speed. The prosecutor will likely rely on law enforcement officer testimony to describe side by side acceleration, erratic maneuvering, or large groups of spectators.
We may argue that your driving was simply exceeding the speed limit or reckless driving rather than a premeditated race. We also may scrutinize the law enforcement officers’ position and speed to question their ability to confirm two vehicles were simultaneously accelerating in a competitive manner.
Improper Lane Usage - 625 ILCS 5/11-709
When a road is clearly marked with lanes, and divided into portions for traveling, a vehicle is required to drive safely and practically within said lane. Improper Lane Usage is often referred to as failure to stay in lanes.
If a law enforcement officer observes your vehicle failing to stay within the designated lane, this offense may be used as a factor to transform a traffic investigation into a driving under the influence investigation, using these facts to show driving impairment.
Improper lane usage is contested by observing evidence of the street and driving in question. We can argue the street is not well maintained and that the driving in question was practical based upon the condition of the street
Use of Electronic Device While Driving - 625 ILCS 5/12-610.2
As of 2012, a person operating a motor vehicle may not use an electronic device, such as cell phones, tablets, computers, and gaming devices.
This statute has expanded to the use of digital devices to attend digital conferencing via online platforms such as Zoom, and viewing digital content such as television, movies, or streams.
There are numerous exceptions to this law. Public safety officials such as police, fire fighters, and ambulance personnel are allowed to use electronic devices in connection with their job. GPS devices are allowed to be used by all drivers. Generally, utilizing hands free functions connected to your phone are also allowed. Should you be charged with this moving violation, presenting these exceptions in court are valid defenses during a trial or motion.
Failure to Use Seat Belt - 625 ILCS 5/12-603.1
This law requires that the driver and every passenger of a motor vehicle wear a properly adjusted seat belt. Child passengers must be buckled in accordance with the Child Passenger Protection act, requiring the appropriate seat belts and seating augmentations for requisite safety requirements.
The prosecutors will rely on law enforcement officer testimony to prove that you or one of your passengers was not properly wearing their seat belt.
We may challenge the officers ability to definitively confirm the seat belt was not worn or improperly adjusted while driving. In many cases it is difficult for an officer to distinguish an unbuckled belt from a belt worn low or under clothing.
Disobeying Traffic Control Device Statutes:
Traffic control device - 625 ILCS 5/11-305
Drivers are required to adhere to traffic control devices displayed on roadways. These devices must be properly affixed and displayed so a normal person can easily view and observe them appropriately.
Law enforcement officers may issue this citation if they observe you avoid a traffic control device by driving onto private property such as cutting through a parking lot or gas station.
Defending this charge depends on the facts and circumstances of the offense. Our defense strategies include challenging where the traffic control device is installed, and whether it is deployed properly.
Traffic Signals - 625 ILCS 5/11-306
This is a common moving violation that occurs when you fail to stop and remain stopped before entering an intersection when the traffic signal displayed a steady red light.
The prosecutor will use testimony from the arresting law enforcement officer stating that they had an unobstructed view of the light and your vehicle and conclusively observed you enter the intersection after the signal turned red. Modern and updated traffic signals may have video cameras affixed to them, which would capture the offense in question.
We can challenge the officers line of sight by examining the officer’s physical location, distance, and angle of view of the moment of the alleged violation. We can also argue your vehicle entered the intersection while the light was still yellow and that the timing was too short to allow a safe stop, which may be captured on video.
Stop and Yield Signs - 625 ILCS 5/11-1204
This charge alleges that you failed to make a complete stop at a designated line of a stop sign before entering an intersection. This can also be issued if you are alleged to have failed to slow down and grant the right of way to approaching vehicles when faced with a yield sign. This charge is a moving violation that can result in fines, court costs, points on your driving record, revocation of previous supervision, and a rise in insurance rates.
The prosecutor must prove you failed to pause completely (rolling stop) or did not stop at all. For a yield sign, the prosecutors must show that there was oncoming traffic that you did not fully yield the right of way to.
We may scrutinize the ability to fully observe the violation. We may question the distance and angle to determine if they could definitely confirm the wheels fully stopped. For a yield sign, we could challenge whether the approaching traffic presented an immediate hazard requiring a full stop. We also may investigate whether the view of the sign was obstructed (by trees, snow, or other obstructions) so that the driver could not have been reasonably expected to obey the sign in question.