Oak Brook criminal lawyers

Call Us630-953-4400

Available 24/7

Subscribe to this list via RSS Blog posts tagged in reckless driving

Examining the Most Serious Traffic Violations in Illinois When most people think of the ramifications of a traffic violation, they envision a minimal ticket and at most a court date. In reality, some traffic violations can lead to serious criminal consequences. Among other things, a traffic violation that endangers other travelers can lead to significant fines, income loss, potential loss of driving privileges, a mark on your criminal record, and jail time. If you have been charged with a traffic violation, the most important step you can take is reaching out to a knowledgeable legal professional. Here are three examples of serious traffic violations:

  1. Reckless Driving: According to the Illinois Vehicle Code, reckless driving is the wanton disregard for the safety of others while using a motor vehicle. Because of the serious nature of reckless driving, an offender can face life-changing consequences. If an officer apprehends a driver for reckless driving, they have the legal right to take them into police custody, forcing the offender to either post bail or spend some time in jail. Additionally, the driver will have to go to court and fight against the conviction. If convicted of reckless driving, one will face up to one year in prison and fines up to $2,500.
  2. Aggravated Speeding: If a driver is clocked by a law enforcement official while traveling at 26 miles per hour or more over the legal speed limit, they may be facing aggravated speeding charges. An aggravated speeding charge constitutes a misdemeanor due to the fact that disregarding speed limits is a direct example of putting others at risk. If convicted, a person will face up to one year in prison and fines as high as $2,500. It should be noted that there are a number of defenses such as unmarked or difficult-to-see speed limit signs that can help a person avoid an aggravated speeding conviction. 
  3. Driving Under the Influence: In the state of Illinois, upwards of 20,000 people are charged with driving under the influence of drugs or alcohol every year. Due to the sheer number of inebriated drivers, it should come as no surprise that police are constantly looking out for signs of intoxicated driving. If you have been charged with a DUI, it is critically important to seek out the assistance of an attorney. A DUI conviction can result in a Class A misdemeanor, a license revocation, and potential jail time. 

Contact an Oak Brook Traffic Violation Attorney

At McMahon Law Offices, we firmly believe that no person should face life-changing consequences due to one traffic violation. Whether you are facing DUI or reckless driving charges, you deserve an attorney that will work diligently to help you avoid a conviction. To schedule a free consultation with a DuPage County criminal defense attorney, call us today at 630-953-4400. 

Sources:

...

Reckless Driving Is More Serious Than Typical Traffic ViolationsWhen people think of traffic violations, they usually think of petty fines or points against their license. The reality of the situation is that not all violations are created equal. In the state of Illinois, a reckless driving charge constitutes a Class A misdemeanor. According to Illinois state law, reckless driving is defined as the act of operating a motor vehicle in a dangerous manner that demonstrates a lack of consideration for the safety of others. If you have been charged with reckless driving, you need to speak with an experienced defense lawyer. 

The Ramifications of Reckless Driving 

A police officer has the legal authority to arrest a driver and take them into custody if there is probable cause that the driver has committed reckless driving. After the arrest, the driver will then have to post bail or go to jail. The driver will have to appear in court and could be sentenced to up to 364 days in prison and be forced to pay fines as high as $2,500. Outside of the fines, the driver may have to pay for the towing service after the arrest, various court costs, and significant rises in insurance rates. A misdemeanor offense can have serious implications on a person’s ability to secure employment, loans, or housing opportunities. It should be noted that much like a DUI charge, a reckless driving charge cannot be expunged or removed from a person’s criminal record. 

In many cases, a judge will choose to put the offender on probation rather than sentencing them to jail. In these instances, the offender will likely be forced to take part in traffic safety courses and possibly community service. While a misdemeanor offense should be taken incredibly seriously, it is also important to understand that some reckless driving charges can be elevated from a misdemeanor to a felony. Most notably, if the defendant’s reckless driving resulted in great bodily harm to another party, they will face felony charges.  

...

Why You Should Fight Against a Reckless Driving Charge In Illinois, a reckless driving charge has serious legal ramifications and criminal punishment. Reckless driving is defined as the act of driving with a willful disregard for the safety of yourself and others, and a conviction constitutes a Class A misdemeanor. If convicted, you can face up to one year in prison and fines as high as $2,500. If another party suffers injuries in a collision caused by reckless driving, the charges can be elevated from a misdemeanor to a felony. Understanding the possible consequences of a reckless driving conviction, it is important to speak with a knowledgeable defense attorney and aggressively fight against the charges. 

Possible Defenses for a Reckless Driving Charge 

While a reckless driving conviction can result in life-changing consequences, there are a number of defensive strategies that can be effective in a reckless driving case. The first step you should take after being charged with reckless driving is hiring an attorney you can trust. After securing a qualified lawyer, you and your attorney will examine the events that lead to your arrest and the arrest procedures taken. Challenging the evidence in a reckless driving case is a common defense. Your attorney will inspect the evidence collected in the case, which usually consists of radar gun readings, video evidence, and witness reports, and determine if an argument can be built on the notion that the evidence was inconclusive. These defenses can center around a witness misremembering the incident, or a radar gun that was improperly calibrated. 

In other instances, your attorney can argue that you were not intending to operate your vehicle in a reckless manner. For instance, a person can be charged with reckless driving for driving upwards of 35 miles per hour over the speed limit. If the arrest took place in an area in which the speed limit dropped rapidly such as a school zone, but speed limit signs were difficult to see, the charges may be dropped. Your attorney can also argue that your intent was not reckless, but negligent, resulting in a petty violation rather than a conviction and a mark on your criminal record. 

...

DuPage County traffic violation attorney suspended license

In the state of Illinois, a variety of traffic violations can result in a license suspension or revocation. While the severity of the suspension or revocation will depend on the type of offense, losing driving privileges is not as uncommon as many would assume. Most people have an understanding of the fact that major traffic violations such as driving under the influence of alcohol or reckless driving can result in a license suspension, yet few understand that minor offenses can lead to a suspension. If a driver receives three minor traffic citations for a moving violation in a span of a year, he or she could face a suspension. All that being said, it is essential to understand the legal ramifications of driving with a suspended or revoked license

Understanding the Legal Consequences 

Operating a vehicle with a suspended or revoked license is not a minor traffic violation – it is a criminal offense. A first-time offender is likely to face a Class A misdemeanor charge, which could lead to up to one year in prison and fines as high as $2,500. It should be noted that if a driver has lost their driving privileges due to a serious violation (such as a DUI), the charge may be elevated to a felony charge. If a driver is apprehended while driving on a suspended or revoked license for a second time, they will face Class 4 felony charges, which can result in up to one year of jail time and fines up to $25,000. 

...

Examining Reckless Driving in Illinois and New Enforcement Efforts When a person makes the decision to become a licensed driver, they are agreeing to follow all traffic rules and regulations in their state. Despite this fact, many drivers decide to disregard these rules. In doing so, their actions usually put other travelers in danger. Legally speaking, the act of knowingly disregarding the safety of other travelers is called reckless driving. It is important to understand the ways in which a reckless driving charge can impact your driving record and the potential ramifications of a charge. If you have been charged with reckless driving, it is time to seek out the help of a knowledgeable legal professional. 

Reckless Driving in Illinois

In Illinois, reckless driving charges constitute a Class A misdemeanor, can lead to up to one year in jail, and come with fines as high as $2,500. A reckless driving charge can come from a number of offenses, including:

  • Driving at dangerous speeds
  • Recklessly weaving through traffic
  • Tailgating other vehicles
  • Racing

It should be noted that an aggravated reckless driving charge will be increased in severity to a felony charge and can lead to up to three years in prison. 

...

Understanding How a Reckless Driving Charge Can Impact You In Illinois, reckless driving is considered one of the most serious traffic violations a driver can commit. Reckless driving is defined as the act of operating a motor vehicle in a manner that displays a disregard for human safety. If convicted, a reckless driving charge usually constitutes a Class A misdemeanor. According to Illinois state law, a Class A misdemeanor charge can lead to up to 364 days in prison and fines as high as $2,500. Below we will examine a few of the violations that can lead to a reckless driving charge and the ways in which reckless driving can impact you. 

What Constitutes Reckless Driving?

A driver can be charged with reckless driving due to a number of dangerous traffic violations. The most common form of reckless driving is traveling at reckless speeds. In order for a speeding violation to constitute a reckless driving charge, a driver has to be apprehended while traveling 25 miles per hour faster than the posted speed limit. Recklessly passing other vehicles can also lead to a reckless driving charge. If a law enforcement official sees a driver aggressively tailgating, illegally passing (passing vehicles on a bridge or in a no-passing zone), or weaving in and out of traffic, the officer is likely to charge the driver with reckless driving. Less common forms of reckless driving include racing other vehicles, attempting to flee law enforcement, and knowingly driving a vehicle with hazardous issues such as faulty brakes. 

The True Impact of Reckless Driving

As mentioned above, a reckless driving charge constitutes a Class A misdemeanor. The implications of a reckless driving charge can go much further than the initial criminal charge. For commercial vehicle drivers, a reckless driving charge can lead to a suspension or complete loss of employment. For any driver, a reckless driving charge can lead to significant increases in insurance rates. It should be noted that there are a number of factors that can lead to a reckless driving charge being elevated to a felony charge. A felony conviction can lead to difficulty in securing employment, housing, or loan opportunities. If you have been charged with reckless driving, seek out the assistance of a legal professional immediately. 

...
DuPage County Bar Association Top 100 Illinois State Bar Association AVVO Rating Illinois Prosecutors Bar Association AVVO Reviews
Back to Top