Tag Archives: traffic attorney

b2ap3_thumbnail_shutterstock_124527448.jpgSince texting became popular about a decade ago, drivers have taken their eyes off the road and hands off the steering wheel in order to text. Texting and driving, which is illegal in Illinois, is a common form of distracted driving that often leads to serious accidents and injuries. In order to prevent texting-while-driving accidents and keep yourself as well as others safe on the road, you should adhere to these four tips:

  1. Turn Your Phone’s Volume to Silent. You should make it a habit to turn your the volume on your phone to silent every time you get behind the wheel. This way, you will not be tempted to text your friends and family members while you are driving. It is also a good idea to turn your phone’s vibration off as a vibrating phone can tempt you to text as well.
  2. Make Sure Your Phone is Out of Sight. While turning off a phone’s volume and vibration may help some texters, it may not be enough for drivers who may be slightly addicted to texting. To resist the temptation to grab your phone and check whether you have received a text message, you should make sure your phone is out of your sight. You can put it in your back seat or even in your trunk so that you have no way to reach for it.
  3. Pull Over and Stop If Necessary. If an emergency situation requires you to send a text message or answer your phone, pull off the road and stop your car. Once you have taken this safety precaution, you can text or speak on the phone. Tell yourself that if the issue is not important enough for you to pull over and stop your car, it is not important enough for you to risk getting into an accident because you were using your phone while driving.
  4. Take Advantage of Apps. There are a variety of apps available to help prevent texting and driving. Live2Txt allows you to block incoming calls and texts while you are in the driver’s seat. SafeDrive is another effective app that can reward you with points if you do not text and drive. These points can be used towards discounts at select retailers.

Contact Our Lombard Traffic Violation Lawyers

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School Zone Speed Limit Reminder

School is back in session! As a result, we wanted to remind you once again to watch out for those special school zone speed limits because a ticket for speeding in a school zone carries with it severe consequences.

So long as you have been properly notified by a sign or flashing signal, the speed limit in a school zone on school days is 20 miles per hour. Pay attention to the notification posted because the conditions under which the speed limit changes varies among cities, towns and villages. In some instances, the speed limit only drops to 20 mph if children are present during school hours. However, in some school zones, the speed limit is 20 mph on school days regardless of whether children are present, during the hours of 7:00 a.m. and 4:00 p.m. In some areas, the school zone speed limit only applies if a flashing light is activated. When in doubt, it is better to reduce your speed near a school to avoid being pulled over and ticketed. Police officers, prosecutors and judges take these tickets very seriously due to the risk of harm to young children. That is why you cannot receive court supervision even for a first time offense, which means unless you beat the ticket altogether, a conviction will go on your record.

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Illinois Case Law Update: Aggravated Speeding

Illinois Supreme Court rejects challenge to mandatory convictions for aggravated speeding in People v. Rizzo.

A Cook County judge ruled that a motorist's inability to receive court supervision for aggravated speeding (driving 26 mph or more over the speed limit) was too harsh when compared to other class A misdemeanors. Driving 26-34 mph over the speed limit is a class B misdemeanor, while driving 35 mph over the speed limit is a class A misdemeanor. The Cook County decision reasoned that the penalty for aggravated speeding was "cruel and degrading" when compared to other class A misdemeanors that allow for a court to grant supervision, such as Driving While License Revoked, Driving While License Suspended, and DUI, even when involving bodily harm or death. Nonetheless, the Illinois Supreme Court overturned the Cook County decision ruling that a driver's inability to receive court supervision for aggravated speeding does not violate the proportionate penalties clause of the Illinois Constitution. The "collateral consequences of not qualify as part of the 'penalty' for purposes of proportionate penalty analysis." 

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Student Discounts Offered for DuPage and Will County Traffic Tickets

As proud sponsors of the North Central College athletic program, Aldrich & Siedlarz Law, P.C. is pleased to offer student discounts for North Central College students who need legal representation for local traffic tickets in DuPage County and Will County. Not all traffic citations require legal representation. However, some traffic offenses necessitate representation by an experienced traffic and criminal defense attorney, like North Central alumna Jacqueline Aldrich. Moreover, some drivers require attorney representation as a result of their traffic history in order to avoid a suspension of their driving privileges

Most moving violations, that are not considered criminal misdemeanors, do not require court appearances. There are exceptions to this generalization, however, including but not limited to tickets resulting from traffic accidents and no insurance tickets. If your traffic citation indicates that a court appearance is not required, you have the choice of resolving the ticket by mail or demanding a court appearance. However, it is important to contact an attorney prior to making this determination. If you mail in your ticket and pay the fine, you are pleading guilty to the offense. If you do so and are not eligible for court supervision, you will receive an automatic conviction that will be reported to the Secretary of State. Your only recourse at that point would be to file a Motion to Vacate, which increases the cost of litigation. Additionally, if you are under 21 years of age and this is your second conviction in a 24 month period, or if you are 21 or over and this is your third conviction in 12 months, your license will be suspended for a minimum of 3 months. 

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