Tom Speedie, Attorney at Law, P.C.Nashville IL Criminal Law Firm | Tom Speedie, Attorney at Law, P.C.2024-01-31T14:19:45Zhttps://www.tomspeedielaw.com/feed/atom/WordPressOn Behalf of Tom Speedie, Attorney at Law, P.C.https://www.tomspeedielaw.com/?p=471162024-01-31T14:19:45Z2024-01-31T14:19:45Ztraffic violations impact CDL holders is essential for anyone in this profession. A traffic offense for a CDL holder can lead to legal penalties and professional repercussions. This may affect an affected driver’s livelihood and future employment opportunities.
Serious traffic violations for CDL holders
Certain traffic violations are considered more serious for CDL holders in Illinois. These include excessive speeding, reckless driving, improper lane changes and following vehicles too closely. A conviction for these offenses can result in disqualification of the CDL for a period, depending on the severity and frequency of the violations. For instance, two serious traffic violations within three years can lead to a minimum 60-day disqualification.
Additionally, offenses like driving under the influence (DUI) or leaving the scene of an accident carry even more severe consequences. A DUI conviction, for example, can result in a one-year disqualification of the CDL for a first offense and a lifetime disqualification for a second offense. Given the higher stakes involved, this highlights the importance of adherence to traffic laws for CDL holders.
Impact on employment and insurance
Traffic violations can also affect a CDL holder’s employment prospects. Many commercial driving employers closely scrutinize driving records, and a history of traffic violations can make finding or keeping a job challenging. Some companies have strict policies regarding traffic offenses, potentially leading to the loss of employment following a violation.
Traffic violations can also lead to increased insurance premiums for CDL holders. Insurance companies often view violations as indicators of riskier driving behavior, which can result in higher costs for insurance coverage. This additional financial burden can significantly impact a commercial driver's expenses.
Any commercial driver with pending traffic infractions should ensure they have legal representation that can assist them with learning how to address the specifics of their case. Specific defense options may be particularly beneficial for preserving commercial driving privileges.]]>On Behalf of Tom Speedie, Attorney at Law, P.C.https://www.tomspeedielaw.com/?p=471152023-11-28T00:01:52Z2023-11-28T00:01:52ZPaying fines
Driving with a suspended driver's license typically entails paying fees. But these fees vary based on whether this is your first-time offense regarding a driver's license suspension. If convicted of a petty suspended license offense, you can pay up to $500 in Illinois. Class A misdemeanor fines for this crime can mean facing fines of $75 to $2,500. Lastly, a felony offense for driving with a suspended driver's license can incur fines of up to $25,000.
Serving time in prison
Along with fines, another punishment for driving with a suspended license can involve spending time behind bars. Again, the duration of your potential sentence depends on whether you're a first-time or repeat offender. In Illinois, you could spend up to one year in jail for a misdemeanor conviction of driving with a suspended driver's license.
When convicted of a felony charge for this crime, prison time varies based on felony classes. A class 1 felony conviction in Illinois means spending four to 15 years behind bars. Class 2 felonies can mean serving a prison sentence of three to seven years.
Having your driver's license revoked
Under certain circumstances, especially when someone has repeat convictions of driving with a suspended license, these drivers can permanently lose their ability to drive legally. This situation is otherwise called a driver's license revocation.
The best way to not deal with prison time, paying fines or permanently losing your driver's license in Illinois is to avoid driving with a suspended driver's license. If you must travel, consider riding with a legal driver or using public transportation.]]>On Behalf of Tom Speedie, Attorney at Law, P.C.https://www.tomspeedielaw.com/?p=471132023-09-26T02:03:04Z2023-09-26T02:03:04ZHow a ticket impacts insurance rates
A citation for any type of offense implies that you exercise poor judgment while operating a motor vehicle. While this isn't necessarily true, your insurance company may believe that you are likely to offend again in the future. You may also be seen as having a higher risk of getting into an accident or otherwise filing a claim on your policy. Ultimately, the premium that you pay every six months is likely to go up if you decide to plead guilty to a citation.
How a citation impacts your license
Most states put points on your license each time you are convicted of a traffic violation. If you get too many points in a short enough period of time, you could be subject to a license suspension or revocation. Therefore, even if you are cited for a relatively minor offense, your track record may make fighting a traffic ticket worth your while.
Save some money
Surcharges and other fees can add hundreds of dollars to the overall cost of a citation. Therefore, going to court to have a ticket dismissed or reduced may outweigh the cost of taking the day off of work, paying a babysitter and other potential losses related to doing so.
There are several methods that you may use in your quest to overturn a traffic ticket. Those tactics may include arguing that there was no probable cause for a traffic stop or that you engaged in illegal activity in an effort to prevent something worse from happening. Pictures or videos taken at the scene of a traffic stop may also help you obtain a favorable outcome.]]>On Behalf of Tom Speedie, Attorney at Law, P.C.https://www.tomspeedielaw.com/?p=471112023-07-31T17:53:30Z2023-07-31T17:53:30Zdriving while intoxicated, the police usually charge you with Driving Under the Influence (known as a DUI charge). Unlike other traffic violations, there are serious consequences for even first-time DUI charges.
A permanent criminal record
DUI charges go right into your criminal record. This means they show up on background checks and driving records. This can negatively impact your job prospects, as any employer who runs a background check will see your DUI conviction.
It’s not uncommon for someone to lose a job after getting a DUI. If your job requires you to keep a clean driving record, you may even lose your job immediately. Even if your job doesn’t involve driving, you may lose your job anyway if your current job finds out about the charge.
Increased driving costs
Some states will require that you temporarily have an ignition interlock device installed on your car. This device tests your blood alcohol content before it allows you to turn on the car. These devices are expensive to install and maintain. You will often be the one paying out of pocket for these devices.
You may also see higher auto insurance costs after a DUI charge. Sometimes, you may be disqualified from your current insurance and be forced to find a plan that covers high-risk drivers. These plans are normally more expensive than a normal auto insurance plan.
There are also hefty fines associated with DUI charges at all levels. Depending on the severity of the charge, the court may fine you thousands of dollars.
Permanent consequences from a DUI
Even a first-time DUI offense may have a mandatory jail time of 24 to 48 hours. Your second or third offense increases it by months or years. This, of course, increases even more if anyone is hurt or killed as a result of your drunk driving.
Some DUIs result in you losing your license, temporarily or permanently. This all may seem like a harsh punishment, but that’s only because driving under the influence is oftentimes life-threatening for yourself and other drivers on the road.]]>On Behalf of Tom Speedie, Attorney at Law, P.C.https://www.tomspeedielaw.com/?p=471092023-05-25T21:13:20Z2023-05-25T21:13:20ZStiff penalties for DUI
Society has set the goal of stopping people from operating motor vehicles while intoxicated. To get this point across, state law authorizes numerous penalties for DUI, including:
Large fines
Jail time
License suspension
You may think that you have few options for avoiding conviction due to the positive results of chemical testing conducted by police during your arrest. You could shortchange yourself if you plead guilty without the benefit of legal advice concerning your DUI charge. Without legal representation, a court will take your guilty plea and sentence you as the judge sees fit without much regard for any special circumstances or potential violation of your rights.
Benefits of DUI legal representation
When authorities charge you with a criminal offense, you have a right to question the evidence cited against you. A DUI lawyer possesses knowledge of the processes used by police to examine DUI suspects and collect evidence. Any mistakes by law enforcement personnel could improve your legal position, but you would need a defense lawyer to expose the weaknesses in your case, if any exist.
By advocating for your rights, a lawyer may achieve:
Little to no jail time
Reduced fines
Restoration of driving privileges
Reduced charges
In the best-case scenario, a strong legal defense gets your charges dismissed. Even if charges stand, your defense may convince the court to act leniently.]]>On Behalf of Tom Speedie, Attorney at Law, P.C.https://www.tomspeedielaw.com/?p=470062023-04-03T21:34:26Z2023-04-03T21:34:26ZThe US Driver License Compact
Illinois is a member of the Driver License Compact, an interstate compact it uses to exchange information about traffic violations and license suspensions of non-residents. This compact allows other states to forward a driver's records to their home state, or the state that licenses the driver.
How Illinois Treats Out-of-State Traffic Violations
Illinois residents who have served even a minimum sentence on their tickets will have that sentence treated as a conviction by the Secretary of State. A license suspension occurs after they receive two more tickets.
An out-of-state license suspension is also likely to be reciprocated, making Illinois drivers able to lose their ability to drive in both states for traffic violations such as driving under the influence, driving without auto insurance, speeding, or fleeing the scene of an accident. Illinois does not assess fines or suspend licenses for out-of-state traffic violation points. Instead, any fines from the other state are paid to that state according to that state's fine rate. Any out-of-state conviction can increase auto insurance rates.
Illinois truck drivers who plead guilty to or are convicted of three moving violations could have their licenses suspended. An out-of-state guilty plea ticket for a moving violation will count toward the total number in Illinois.
Illinois truck drivers with any traffic violations will encounter potential employers finding them in both their Motor Vehicle Record (MVR) and Pre-Employment Screening Program (PSP). While the MVR has a vehicle record from the state, the PSP includes information from a federal database, and so would include criminal charges and convictions.
Challenging Out-of-State Traffic Violations in Illinois
Expungement may be an option to allow a driver to erase any criminal records that did not result in a conviction. Certain criminal records can be sealed from public access, although some employers can still access them.
Truck drivers and other residents of Illinois with out-of-state traffic violations are welcome to contest them with legal representation. It is important for drivers to take responsibility for how they drive.]]>On Behalf of Tom Speedie, Attorney at Law, P.C.https://www.tomspeedielaw.com/?p=470052023-01-25T20:55:43Z2023-01-25T20:55:43ZCDL taffic violations
In Illinois, a driver's license suspension is referred to as a disqualified license. When a driver suffers a CDL disqualification, they may not operate a vehicle until the disqualification period ends. An independent trucker would be unable to earn an income driving their tractor-trailer during this timeframe. Persons employed by a trucking company would suffer a potentially worse fate. Their employer might fire them instead of letting them resume their duties when the suspension ends.
Be aware that a person might face a disqualification when they commit serious moving violations during a specific time period. Specifically, they would face the consequences after committing two serious traffic violations in a two-year period or three within a three-year period. Serious traffic violations may involve tailgating, driving at excessive speeds, reckless driving and more.
Addressing CDL violations
Commercial truck drivers may fight their traffic citations in court. If there is compelling evidence to show the driver should not have received a ticket, the citation may be dismissed. Sometimes, the evidence points to a violation, and the driver may plead guilty to the ticket and opt for traffic school.
Serious traffic incidents may result in criminal charges and a subsequent conviction. Sometimes, a truck driver could have a past criminal offense expunged from their record. An expungement means no one will see the conviction when performing a background check. An expungement may work in the driver's favor when seeking future employment.]]>On Behalf of Tom Speedie, Attorney at Law, P.C.https://www.tomspeedielaw.com/?p=470032022-11-24T04:12:58Z2022-11-24T04:12:58ZFirst offense
If a police officer catches you driving with a suspended or revoked license, they will impound your vehicle, and you'll face a Class A misdemeanor charge. This offense carries up to one year in jail, license suspension for at least one year and a fine of up to $2,500. However, if the court suspended or revoked your license due to aggravated DUI or reckless homicide, a first offense carries a Class 4 felony.
Second offense
A second driving with a suspended license charge within five years of the first offense will likely lead to a Class 4 felony, punishable by one to three years in prison and up to $25,000 in fines. The court may also suspend your license for at least two years.
Subsequent offenses
If you're caught driving with a revoked or suspended license more than twice in Illinois, additional charges could result in time behind bars and even higher fines. The state might prosecute a fourth offense as a Class 3 felony, which carries penalties of 2-5 years in prison and fines up to $25,000. A judge may also revoke your driver's license indefinitely after four such convictions.
Other penalties
Other possible penalties for driving with a suspended or revoked license or other traffic violations in Illinois include community service, vehicle registration suspension and mandatory installation of an ignition interlock device. The court may also require you to attend Alcohol or Substance Abuse Evaluation and Treatment classes.
If you find yourself in a situation where an officer is accusing you of driving with a suspended license, do not make any statements that they could use against you in court or give the police permission to search your vehicle. From here, you can work on defenses that may lead to lesser charges or, if fortunate, have the judge dismiss the case.]]>On Behalf of Tom Speedie, Attorney at Law, P.C.https://www.tomspeedielaw.com/?p=470002022-09-23T17:57:41Z2022-09-22T17:55:59ZReasons to pay the fine
If the evidence against you is overwhelming, it may be best to simply pay the ticket. For example, if you were caught on camera making an unsafe lane change, it may be difficult to dispute that you violated the law. It's possible that the prosecutor in your case will reduce the charge in exchange for a guilty plea. This may result in fewer points on your license or a reduced fine. It may also be worthwhile to pay the fine if you don't have time to fight the case in court and the violation was a relatively minor one.
Reasons to fight a ticket
Fighting a ticket may be smart because a conviction could result in an increase to your monthly auto insurance payment. Furthermore, if you are charged with a DUI or other serious crimes in addition to a simple infraction, it may be best to take your case to court.
Finally, if you believe that you cited by mistake, it may be in your best interest to challenge the citation as opposed to incurring penalties for something that you didn't do. It may also be possible to get a citation dismissed if you committed a traffic violation in an effort to avoid an accident or some other more severe outcome.
Although a traffic ticket is generally less serious than a misdemeanor or felony charge, a conviction could still have a negative impact on your life. However, it may be possible to get a citation reduced or dismissed by casting doubt on the visual or other evidence used to justify issuing it.]]>On Behalf of Tom Speedie, Attorney at Law, P.C.https://www.tomspeedielaw.com/?p=469982022-07-29T03:51:05Z2022-07-28T03:49:40ZLoss of employment
Many employers have a zero-tolerance policy when it comes to DUI convictions and can immediately fire employees who're convicted. This can obviously lead to a major loss in income and stability. This is especially true for people who have DUI convictions on their record, and those whose jobs require them to drive.
Difficulty in finding housing and employment
If you have a DUI on your record, it can be difficult to find housing because many landlords do not want to rent to people with DUIs on their record, as they may be seen as high-risk tenants. On top of that, many employers conduct background checks and may not hire people with DUI convictions. This can obviously lead to a major loss in income and stability.
Increased insurance rates
Insurance companies view DUI convictions as high-risk and often raise rates significantly, or even drop coverage altogether. This can obviously lead to a major loss in income and stability.
These are just some of the hidden costs of a DUI conviction that people often don't consider.
Loss of your driving license and DUI classes
A DUI conviction will often result in the loss of your driving license for a period of time. This can obviously lead to a major loss in income and stability, as you may not be able to get to work or appointments. You may also need to take DUI classes, which can be both time-consuming and expensive.
The bottom line is that a DUI conviction can have far-reaching and long-lasting consequences. If you haven't been arrested for DUI, be sure to stay safe on the roads. If you have been arrested for DUI, it's important to understand all of the potential defenses that may be available to you. DUI convictions can stay on your record for years and have a major impact on your life, but you may get your charges reduced or even dismissed if your defense is strong.]]>