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naperville traffic violation lawyerPeople all over Illinois receive citations for a variety of traffic offenses, and they typically have the right to appear in court to contest the charges. While many people choose to represent themselves in these cases, it can be important for a person to consider a lawyer in some situations.

The potential need to secure legal representation often depends on a driver’s unique personal situation and needs.

Different Needs for Different Drivers

Drivers who receive citations may want to hire an attorney so they can have peace of mind that their citation is being handled correctly and they will have a better chance at the most favorable outcome. This may include dismissal of charges or amendments to the ticket.

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Aurora Driver’s License Reinstatement Lawyer

In Illinois, one of the most common reasons that a person's driver's license is revoked is a conviction for driving under the influence (DUI). When a license is revoked, the license holder is prohibited from driving any motor vehicle. Driving with a revoked license is considered a Class A misdemeanor criminal offense in Illinois. Penalties include steep fines, community service, or even jail time.

Fortunately, the state of Illinois gives drivers a chance to regain either full or partial driving privileges after a revocation. If you want to reinstate your license after it was revoked, you will need to complete the steps required by the Illinois Secretary of State and attend a reinstatement hearing. Here are five tips to improve your chances of reinstating your driver's license after a revocation.

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DuPage County CDL violations attorneyThe more a truck weighs, the more damage the truck could potentially cause in an accident. Extremely heavy vehicles can also cause damage to roadways. Consequently, Illinois state law limits how much cargo a commercial truck such as a semi-truck can haul.

While the reasons for weight limitations are generally sound, the consequences of operating an overweight commercial vehicle can feel exorbitant. If the truck is found to be overweight – carrying more cargo than allowed by law – then the driver and his or her company can face significant fines. Depending on how far the truck is over its legal weight limit, the truck driver may even be required to unload some of its cargo in order to remain compliant.

Penalties for Exceeding Truck Weight Limitations

In Illinois, the fine associated with an overweight truck depends on how much the truck and cargo weigh above the limit. For example, operating a truck that exceeds the weight limitation by 2,000 lbs. is only a $100 fine, but the fine increases the heavier the truck and cargo are. Trucks that exceed the weight limitation by 5,001 lbs. or more are fined $1,500 at minimum. There are also additional fines for companies that receive four or more overweight violations within a one-year period.

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DuPage County CDL Suspension LawyerCommercial driver's license (CDL) holders need their licenses to make a living. When a CDL violation threatens a person's commercial driver's license, it can be anxiety-provoking, to say the least. If you drive a commercial vehicle for your job and you have been accused of a weight violation, a CDL license defense lawyer can help you understand your rights and options. You may be able to mitigate or even eliminate the financial and administrative consequences you face.

Overweight Truck Violations in Illinois

In Illinois, as in every other state, it is against the law to operate a commercial vehicle that exceeds the posted weight limit. The fines for overweight truck violations can be significant, and may increase if the weight exceedance is more than 10 percent. If you are cited for an overweight truck violation, you may be required to appear in court. 

At the court hearing, the judge will consider the evidence and may find you guilty of the overweight truck violation. If you are found guilty, you will be required to pay a fine. The amount of the fine will depend on how much your vehicle weighs over the posted limit. For example, a truck that is up to 2000 pounds overweight can incur a fine of $100. However, if the truck is between 4500 and 5000 pounds overweight, the fine is $950. A truck more than 5000 pounds overweight can result in a $1500 fine at a minimum. In addition to these fines, a truck driver may also be cited for failing to properly notate a wide load. Refusing to stop for law enforcement and get your vehicle weighed can also result in heavy fines as well as charges for failure to yield. 

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IL defense lawyerOver the last several years, there has been a growing number of serious car accidents caused by distracted driving due to texting and other handheld cell phone use. In response to this problem, Illinois and many other states have begun to implement laws restricting the use of electronic devices while driving, including for drivers of commercial motor vehicles. If you are accused of texting while driving, you could face serious consequences, including the suspension of your commercial driver’s license (CDL).

Penalties for Handheld Cell Phone Use

According to Illinois law, drivers of commercial vehicles are prohibited from texting or using a handheld mobile phone while operating their vehicles, including while the vehicle is in motion and while it is stopped in traffic or at a traffic signal. When a driver who holds a CDL is convicted of violating these laws, the violation becomes part of their driving record. If the offense constitutes a second serious traffic violation within three years, the driver can lose their CDL for up to two months. If the offense constitutes a third violation within three years, suspension of the CDL can extend up to four months. The State of Illinois can also assess fines and driver’s license points for a texting or handheld cell phone use violation, which may impact even the driver’s personal driving privileges.

The Federal Motor Carrier Safety Administration (FMCSA) also has regulations prohibiting handheld cell phone use. A driver who violates the prohibition for the first time can be fined up to $2,750, and the FMCSA will suspend a driver’s privileges for repeat offenses.

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Law Office of Patricia Magaña, LLC

1555 Bond Street, Suite 103A, Naperville, IL 60563

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