t the Law Offices of Howard J. Wise & Associates, our attorneys are experts in handling DUI and other Traffic Violation cases and have the experience and knowledge that sets them apart from other attorneys.

Attorney Howard J. Wise was a lead prosecutor in the Chicago Traffic Court and ran one of the busiest DUI/Traffic Violations courtrooms in Cook County. As a prosecutor he handled hundreds of DUI and other Traffic Violation cases each month. Further, he has defended thousands of DUI and other Traffic Violation cases during his career as a defense attorney.

At the Law Offices of Howard J. Wise & Associates, we provide expert criminal defense for individuals who have been arrested and accused of all types of traffic violations, including but not limited to, the following:

• Aggravated Fleeing or Attempt to Elude a Police Officer
• Aggravated Reckless Driving
• Aggravated Speeding (Driving 40 Miles Per Hour or More In Excess of the Speed Limit)
• Drag Racing
• Driving While License Suspended or Revoked (6-303)
• DUI – Driving Under the Influence of Alcohol (See DUI/DWI Drunk Driving Defense Link)
• DWI – Driving While Intoxicated (See DUI/DWI Drunk Driving Link)
• Failure to Obey a Traffic Control Device
• Failure to Stop at a Stop Sign
• Fleeing or Attempting to Elude a Police Officer
• Improper Lane Usage
• Leaving the Scene of a Property or Personal Injury Accident
• Open Alcohol in Automobile
• Passing a School Bus While Stop Sign is Out
• Petitions to Rescind Statutory Summary Suspensions (Suspensions Resulting from DUI/DWI Arrests) (See Illinois Driver’s License Suspension/Revocation Link)
• Reckless Driving
• Reckless Homicide
• Speeding
• Speeding In a Construction Zone
• Speeding In a School Zone
• All Other Traffic Violations

Misdemeanor Traffic Offenses:

Traffic violations classified as misdemeanors can be punishable by a fine, a jail sentence or both. Persons charged with such offenses should consult an attorney immediately.

The most commonly prosecuted misdemeanor traffic offenses include the following:

• Drag Racing
• Driving Under the Influence (DUI)
• Driving on a Suspended or Revoked License
• Fleeing or Attempting to Elude the Police
• Leaving the Scene of a Property Damage Accident
• Leaving the Scene of an Accident Involving Death or Injury
• Reckless Driving
• Speeding 40 mph or More in Excess of the Limit

The initial court date for a traffic violation classified as misdemeanor is an arraignment date. This is not a trial date. Persons charged with a misdemeanor should appear in court with an attorney.

Traffic violations range in seriousness from a parking violation carrying a maximum fine of $100.00 to a felony offense resulting in a prison sentence of more than 10 years. The penalties for all violations are set by the state, county or municipal government passing the law.

The range of penalties for cases heard in traffic court are:

·  Petty Offense	fine of $1 to $1,000 examples: speeding, disobeying a red light
·  Business Offense	fine set by law creating each offense example: driving without insurance
·  Misdemeanors Class A jail up to 364 days or fine of $1 to $2,500 or both examples: driving under the influence, driving on a suspended or revoked license or speeding 40 or more miles over the speed limit Class B jail up to 6 months or fine of $1 to $1,500 or both example: to advertise or distribute any information or material that promotes the selling, giving or furnishing of a fraudulent driver's license or permit Class C jail up to 30 days or fine of $1 to $1,500 or both example: third conviction for a petty offense traffic violation within one year

In addition, a conviction of certain traffic violations will result in suspension or revocation of your driver’s license.  The Clerk of the Circuit Court is required by law to report convictions for most violations to the Illinois Secretary of State. These may affect an individual's privilege to drive a car. The Illinois Secretary of State upon receipt of a notice of conviction for certain offenses is required to revoke a person's driving privileges. In some instances a conviction grants the Illinois Secretary of State discretion to suspend driving privileges. Different rules apply to drivers under age 21.

The following is a summary of actions the Illinois Secretary of State can take upon receipt of a report of conviction from the Clerk of the Circuit Court.

Mandatory Revocation

Persons convicted of the following traffic offenses will have their driving privileges revoked:

• Aggravated fleeing and eluding the police
• Drag racing
• Driving under the influence (625 ILCS 5/11-501a)
• Leaving the scene of an accident involving injury or death
• Operating a commercial motor vehicle when driving privileges are revoked, suspended, canceled or subject to disqualification
• Persons under age 21 with two convictions for possession or transportation of alcohol in a motor vehicle regardless of time period
• Reckless homicide
• Three offenses of reckless driving within 12 months

Contact the Illinois Secretary of State to learn information concerning the length of revocation and the procedure to be followed to obtain reinstatement.

Discretionary Suspension

Illinois law allows the Illinois Secretary of State to suspend the driving privilege of drivers convicted of the following offenses:

• Alteration, fictional or fraudulent use of handicapped license plates or parking placard
• Any offense for which a revocation is required
• Committing an offense in another state which would be grounds for revocation or suspension in Illinois
• Driving a type of vehicle for which a license has not been issued (for example, driving a motorcycle without a motorcycle license)
• Driving on an invalid license
• Fleeing or attempting to elude the police
• Illegal operation of a motor vehicle resulting in a death or injury requiring immediate treatment in a medical facility or doctor's office
• Leaving the scene of a property damage accident involving more than $1,000.00 in damages
• Permitting unlawful or fraudulent use of a driver's license
• Possession, display or attempted fraudulent use of a license, permit or identification card issued to another
• Refusing to submit to chemical testing after an arrest for driving under the influence
• Submission to chemical testing which reveals a blood alcohol content of .08 or greater or any amount of drug substance or compound resulting from the unlawful consumption of cannabis or a controlled substance
• Three moving violations within a 12-month period
• Two violations of possession or transportation of alcohol in a motor vehicle

Drivers Under Age 21

In addition to the violations listed above, if you are under age 21, the Illinois Secretary of State has the discretion to suspend your driving privileges if you are found guilty of the following offenses:

• transportation or possession of open alcohol in a motor vehicle;
• two moving violations in a 24-month period; and
• possession of alcohol under the age of 21.

ATTENTION:
These are not complete lists of all violations which will result in a license revocation or suspension. Full information can be obtained from the Secretary of State at http://www.sos.state.il.us/

WARNING for CDL (Commercial Driver’s License) Holders:
Persons who have a commercial driver's license (CDL)  should seek legal counsel immediately as there are often additional consequences to various traffic violations, including disqualification of your CDL.

If you are have been arrested and charged with a traffic violation, you need a skilled aggressive advocate to fight and protect you.  You need a lawyer who knows from years of experience on both sides of the courtroom how to achieve the results you desire, even when you do not believe these results are possible.  

DON'T RISK YOUR FUTURE!  LET US PUT OUR EXPERIENCE AND KNOWLEDGE OF THE SYSTEM TO WORK FOR YOU!

CALL NOW FOR A FREE CONSULTATION - REASONABLE FEES

OUR 24-HOUR PHONE NUMBER IS (312) 346-4555

The Law Offices of Howard J. Wise & Associates represents clients throughout Illinois, including Cook County, DuPage County, Lake County, Kane County, Will County, including all courtrooms located in Chicago, Skokie, Rolling Meadows, Maywood, Bridgeview, Markham, Addison, Downer’s Grove, Glendale Heights, Wheaton, Lakehurst, Lindenhurst, Mundelein, Waukegan, Elgin, St. Charles, Joliet, and surrounding areas.

 

© The Law Offices of Howard J. Wise & Associates - Chicago DUI Attorneys & Criminal Defense Lawyers

The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.