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IL defense lawyerIn the state of Illinois, law enforcement officials are always on the lookout for drivers failing to adhere to the state’s driving laws. People are pulled over every day for minor offenses such as failing to come to a complete stop at a stop sign or driving over the speed limit. In the vast majority of instances, the driver will only receive a ticket for a violation and amass points against their driving record. While three minor traffic violations in one year can result in a license suspension, there are some offenses that come with more significant ramifications. A reckless driving charge is one of the most serious violations in Illinois.

What is Reckless Driving?

Illinois law defines reckless driving as the operation of a vehicle with willful disregard for safety and property. The most common forms of reckless driving include driving at speeds of 25 miles per hour or more over the legal speed limit, aggressively tailgating other drivers, illegally passing vehicles, and disregarding traffic signs. Drivers can also be charged with reckless driving if they attempt to use an incline in the roadway to cause the vehicle to become airborne. It should be noted that there are a number of factors that will ultimately dictate whether a driver is likely to be charged with reckless driving. These factors include the time of day, the driver’s intent, weather conditions, and the presence of other vehicles.

The Consequences of Reckless Driving

In Illinois, reckless driving can come with significant legal consequences. If a driver is charged with reckless driving, they will face a Class A misdemeanor, up to one year in jail, and fines as high as $2,500. Outside of the fine and jail time, a conviction of this magnitude can impact your ability to secure employment opportunities, and result in rises in your motor vehicle insurance payments. There are also a number of factors that can lead to the charge being elevated to a felony charge. Most notably, if your reckless driving results in bodily harm to a child or a school crossing guard, the charge will be elevated to a Class 4 felony. In these instances, you can be fined as much as $25,000 and face one to three years in prison.

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IL CDL attorneyCommercial truck drivers are held to incredibly high standards. Every single action they take is heavily monitored and scrutinized, and for good reason. Considering the size and braking capabilities of the vast majority of commercial trucks, ensuring the safety of other travelers can only be possible through the strict enforcement of regulatory standards. A CDL violation can come with life-changing ramifications. If you have been charged with a CDL violation, it is time to seek out the assistance of a knowledgeable attorney.

The Implications of a CDL Violation

CDL violations can come in any number of forms. A violation can be strictly centered around driver error, such as a speeding citation, erratic lane changing, or following another vehicle too closely. In other instances, a violation can come from a driver violating their contract and using drugs or alcohol while on the job. Some of the most common violations have nothing to do with the driver themselves and are caused by negligence on the part of the trucking company. These violations can include falsification of driving log hours or operating an overweight cargo. Regardless of the type of violation, it is time for you to react.

In many instances, a violation will result in an automatic suspension of your CDL (these violations include excessive speeding, drunk driving, or other forms of criminal conduct). If you have been falsely charged with a violation, it is time to speak with your attorney. For instance, if you were accused of speeding but the truck speed limit sign was noticeably difficult to see, you may be able to have the violation removed from your record.

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IL defense attorneyWhen a person earns a commercial driver’s license (CDL), they are granted the privilege to operate large commercial vehicles on a consistent basis. Commercial driver’s licenses are not handed out without a strict regulatory process, considering the increased likelihood of potential collisions. That being said, it should come as no surprise that losing a CDL can be much easier than most people would like to assume. Below we will examine some of the most common CDL violations and how you should react if you believe you may be in danger of losing your CDL.

Common CDL Violations

When a person is cited for violating the regulations of their CDL, the coming weeks can be quite frightening. For commercial truck drivers, a CDL is critical to a healthy financial future. If you have been cited for violating your CDL privileges, it is time to seek out the assistance of a skilled legal professional.

Failure to Properly Check Equipment: In a large percentage of CDL violation cases, the violation is simply caused by a driver’s inability to double-check the truck and ensure it is running properly. For instance, 24% of all annual roadside CDL violations involved issues with lights or reflective equipment. If a driver simply checks the lights of the vehicle and reports a lighting defect in the inspection report, prior to driving, they will likely avoid a violation.

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IL defense attorneyHere in the state of Illinois, thousands of people are pulled over each month for driving over the legal speed limit. Due to the fact that speeding is one of the most dangerous acts a driver can take (speeding killed over 9,000 Americans throughout 2017 alone), Illinois police are constantly on the lookout for speeding drivers. While most people assume that minor speeding tickets will come with minimal finage and little impact on their life, in all reality speeding violations should be taken incredibly seriously. If you are charged with driving over the legal speed limit, it may be time to seek out the expertise of a qualified attorney.

The Illinois Point System

According to Illinois state law, minor traffic violations result in points against your driving record. If a person accumulates a certain number of points within a 12-month period, they are likely to face license revocation. Speeding is one of the most common traffic violations resulting in points against one’s driving record. If a person is charged with speeding less than 10 mph over the speed limit, they will receive five points against their driving record. If a person is driving more than 10 mph over the legal limit, they will receive 15 points against them. In Illinois, accumulation of 15 points results in a two-month license suspension.

As the speed of the driver increases, the point total increases as well. For instance, if a person is driving 26 mph over the speed limit they will accumulate 50 points against their license. Driving at these reckless speeds constitutes an aggravated speeding charge. Along with the points against one’s license, aggravated speeding can result in a Class B misdemeanor. If a person is driving more than 35 mph over the speed limit, the aggravated speeding charge can result in a Class A misdemeanor, up to 12 months in prison, and a significant fine.

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IL defense lawyerWhen a person makes the decision to drive recklessly, they are making the decision to endanger other travelers as well as themselves. Recognizing this, the state of Illinois punishes reckless driving incredibly harshly. Reckless driving is defined in 625 ILCS 5/11-503, as negligent vehicular operation that willfully disregards the safety of others. According to Illinois state law, reckless driving usually results in a Class A Misdemeanor. Due to the severity of the legal consequences of a reckless driving charge, it is critically important to seek out quality legal representation immediately.

Common Forms of Reckless Driving

In addition to a misdemeanor charge on a person’s permanent record, a reckless driving charge can also result in rises in a person’s insurance rates. In some instances, reckless driving will result in a license revocation or suspension.

Aggravated Speeding: If a person is apprehended while driving 35 miles per hour over the legal speed limit, they will likely be charged with aggravated speeding. Aggravated speeding results in a Class A misdemeanor and is one of the more common forms of reckless driving. The primary reason for aggravated speeding being defined as a form of reckless driving is due to the fact that traveling at such high speeds can impact a person’s reaction time and correspondingly the safety and wellbeing of other travelers.

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

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