Archive for the 'Traffic' Category

Driving While Driver’s License Is Suspended (DWLS) as a Petty Offense

There is a type of DWLS that can be a petty offense rather than a Class A misdemeanor.

The relevant statute is 625 ILCS 5/6-601:

If a licensee under this Code is convicted of violating Section 6-303 for operating a motor vehicle during a time when such licensee’s driver’s license was suspended under the provisions of Section 6-306.3, then such act shall be a petty offense (provided the licensee has answered the charge which was the basis of the suspension under Section 6-306.3), and there shall be imposed no additional like period of suspension as provided in paragraph (b) of Section 6-303.

A suspension occurs under Section 6-306.3 when a person provides their driver’s license for bail and then fails to show up for court or otherwise answer the charge (i.e., pay the ticket).

So, whenever a motorist is suspended for not answering a ticket, it is important for the motorist to pay the ticket or otherwise take care of it ASAP.  It can make a big difference in the potential penalty.

Links:

625 ILCS 5/6-601

625 ILCS 5/6-306.3

Under 18: Court Appearance Required for Supervision

If you are under 18 years of age and wish for a court to put you on judicial supervision for speeding or another traffic offense, you must personally appear in court in order to receive judicial supervision (absent good cause).  The Unified Code of Corrections (730 ILCS 5/5-6-1(n)) states as follows:

The provisions of paragraph (c) [pertaining to judicial supervision] shall not apply to any person under the age of 18 who commits an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 [graduated license] or Section 12-603.1 [safety belts] of the Illinois Vehicle Code, except upon personal appearance of the defendant in court and upon the written consent of the defendant’s parent or legal guardian, executed before the presiding judge. The presiding judge shall have the authority to waive this requirement upon the showing of good cause by the defendant.

Jeremy Richey

Jail for Speeders (Revisited)

In a previous post, I mentioned that speeding 40+ miles per hour over the limit is a Class A misdemeanor. Starting January 1, 2011, 30-39 miles per hour above the limit will become a Class B misdemeanor. Right now, 30-39 is a petty offense. The Public Act creating the new law also amends the Unified Code of Corrections to prohibit judicial supervision for the Class A speeding offense.

The text of the new Illinois speeding law is as follows:

(625 ILCS 5/11-601.5)

Sec. 11-601.5. Driving 30 miles per hour or more in excess of applicable limit.

(a) A person who drives a vehicle upon any highway of this State at a speed that is 30 miles per hour or more but less than 40 miles per hour in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class B misdemeanor.

(b) A person who drives a vehicle upon any highway of this State at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class A misdemeanor.

UPDATE (8/25/11). Below you will find the current text of 625 ILCS 5/11-601.5 (emphasis added):

Sec. 11‑601.5. Driving 31 miles per hour or more in excess of applicable limit.

(a) A person who drives a vehicle upon any highway of this State at a speed that is 31 miles per hour or more but less than 40 miles per hour in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class B misdemeanor.

(b) A person who drives a vehicle upon any highway of this State at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class A misdemeanor.

Jeremy Richey

How Many Tickets Before I Lose My License?

Question:

How many tickets can I get before I lose my Illinois driver’s license?

Answer:

It depends on how old you are.   If you are 21 years old or older, three convictions for points-assigned violations in a 12-month period will cause you to lose your license.   If you are 20 years old or younger, two convictions in a 24-month period will cause you to lose your license.

I italicized the word “convictions,” because, legally, you are not convicted of an offense if you successfully complete judicial supervision or traffic safety school for a ticket.   Such a ticket will not count towards your ticket-accumulation limit (3 in 12 months or 2 in 24 months).

Also, there are many points-assigned violations, but common violations include speeding, disobeying a traffic control device, and improper lane usage.

Jeremy Richey

Accumulation

Jail for Speeders

Did you know that Illinois speed demons can go to jail? It’s true … if the speed demons go fast enough.  If you don’t believe me, read the law for yourself.  The Illinois Compiled Statutes (625 ILCS 5/11-601.5) state:

A person who drives a vehicle upon any highway of this State at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class A misdemeanor.

If you receive a conviction for a Class A misdemeanor in Illinois, the maximum jail sentence you can receive is 364 days.

Jeremy Richey


BROUGHT TO YOU BY:
Jeremy J. Richey, Attorney at Law
© Jeremy J. Richey and The East Central Illinois Criminal Law & DUI Weblog, 2008-2012. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.