Traffic Violations Attorney Serving Chicago’s West Suburbs

Illinois takes traffic violations seriously. In the first quarter of 2022, nearly 300 traffic fatalities occurred on Illinois roads. That is why folks charged with traffic violations face potentially significant legal consequences.  

At the Mockaitis Law Group LLC, I understand the importance of road safety. But I also believe in helping my clients fight unfair traffic violation charges. I work one-on-one with Chicago’s West Suburbs residents to protect their right to a fair defense. I pledge to offer tailored representation throughout Kendall County, Kane County, DuPage County, Grundy County, and DeKalb County for folks needing personal engagement, not a cookie-cutter approach, so reach out for guidance. 

Traffic Violations in Illinois

Traffic laws in Illinois recognize the following traffic violations: 

• Exceeding the posted speed limit or driving too fast for the current road conditions can result in a speeding ticket. The severity of the violation depends on how much the driver exceeds the speed limit. 

• Failing to stop at a red light or stop sign is a serious traffic violation. It can result in fines, points on the driver’s license, and even license suspension. 

• Reckless driving is a serious traffic offense in which the driver shows a willful disregard for the safety of others on the road. This charge can include excessive speeding, weaving through traffic, and aggressive driving. 

• Driving under the influence (DUI) of alcohol or drugs is a serious criminal offense in Illinois. Even a first-time DUI offense can result in fines, license suspension, and jail time. 

• Driving with a suspended or revoked license is a serious traffic violation that can result in fines and jail time. 

• Failing to yield to other vehicles or pedestrians when the law requires can result in a traffic ticket. 

• Crossing over the center line or driving in the wrong lane can result in a traffic ticket. 

• Using a phone or other electronic device while driving is illegal in Illinois and can result in fines and points on the driver’s license. 

Moving vs. Non-Moving Violations

In Illinois, traffic violations are generally categorized as either moving or non-moving violations. 

Moving Violations

Moving violations are traffic offenses that occur while the vehicle is in motion. Examples of moving violations in Illinois include: 

• Speeding 

• Failure to stop at a stop sign or red light 

• Reckless driving 

• Driving under the influence (DUI) 

• Failure to yield 

• Improper lane usage 

• Following too closely (tailgating) 

• Illegal turns 

Moving violations typically result in points on the driver’s license. They can result in fines, increased insurance rates, and even license suspension. 

Non-Moving Violations

Non-moving violations, on the other hand, are traffic offenses that occur when the vehicle is not in motion or when the vehicle is parked. Examples of non-moving violations in Illinois include: 

• Parking violations, such as parking in a no-parking zone or a handicapped spot without a valid permit 

• Equipment violations, such as driving with a broken tail light or expired license plates 

• Registration and insurance violations, such as driving without insurance or with an expired registration sticker 

Non-moving violations typically do not result in points on the driver’s license. However, they can still result in fines and other penalties. 

Point System in Illinois

The traffic point system in Illinois assigns a point value to each traffic violation, and drivers accumulate points on their driving records for each violation they commit. Each traffic violation is assigned a point value ranging from 5 to 55 points, depending on the severity of the offense. 

The following situations are examples of how the traffic point system works: 

• Speeding: 5 to 50 points, depending on how much over the speed limit the driver was going 

• Failure to obey traffic signal: 20 points 

• Reckless driving: 55 points 

If a driver accumulates 15 or more points within 12 months, their license will be suspended. The length of the suspension depends on the number of points accumulated: 

• 15 to 44 points: 2-month suspension 

• 45 to 74 points: 3-month suspension 

• 75 to 89 points: 6-month suspension 

• 90 to 99 points: 9-month suspension 

• 100 or more points: 12-month suspension 

Traffic Violation Fines and Penalties 

Traffic violation fines and penalties vary depending on the severity of the offense and the jurisdiction in which the violation occurred. The following fines and penalties apply to traffic violations in Illinois: 

• The fine for speeding can range from a few dollars to several hundred dollars depending on how much over the speed limit the driver was traveling 

• Fines for running a red light or stop sign can vary but are generally $100-$300. 

• Reckless driving is a serious offense and can result in fines of several hundred dollars and the suspension or revocation of the driver’s license. In accident cases, reckless driving may even result in jail time. 

• DUI is a very serious offense and can result in fines of several thousand dollars and the suspension or revocation of the driver’s license. A first-time DUI offense can also result in jail time. 

• Driving without a valid driver’s license or insurance can result in fines of several hundred dollars and the impoundment of the vehicle. 

• Many jurisdictions have laws that prohibit the use of mobile phones while driving, and fines for violating these laws can range from $100-$500. 

Fighting a Traffic Violation in Illinois

The following approaches can help charged individuals fight violations in traffic court: 

• Disputing the Officer. Charged individuals can dispute an officer if they believe the officer who issued the citation made a mistake or was mistaken in their observations. This strategy might involve presenting evidence, such as witness testimony or dashcam footage, contradicting the officer’s version of events. 

• Disputing the Evidence. It is possible to dispute evidence physical evidence, such as a radar gun or speed camera, by arguing that the radar gun was not properly calibrated or that the speed camera was obstructed. 

• Mistake of Fact. A mistake of fact occurs when the charged individual believes they did not commit the offense that you were cited for. For example, if the citation was for running a red light, but the charged individual believes the traffic light was malfunctioning, they can argue that you did not intentionally violate the law. 

• Action Was Justified. Charged individuals can argue their actions were justified in situations such as speeding when rushing a sick family member to the hospital.