Chicago Criminal Lawyer Blog
Over the holiday weekend, the Schaumburg police conducted their annual “Drive Sober or Get Pulled Over” enforcement campaign. The enforcement campaign ran from December 16 to January 2. The annual campaign is run by the Illinois Department of Transportation and is managed funded by the National Highway Traffic Safety Association, which provides the funding for the campaign. Most of the local police departments in the area participated in the campaign. The funds allowed the Schaumburg Police to add four additional units to be dedicated to enforcing the traffic laws during the campaign.
The Schaumburg Police released their numbers last week. The vast majority of citations issued were for Distracted Driving. That is not surprising. I have seen a drastic increase in the number of tickets issued for Distracted Driving in recent years.. Distracted Driving is what is commonly known as “texting and driving”. However, there’s much more to distracted driving than just texting. Authorities have been struggling with trying to curb the use of cell phones while driving. Numerous studies throughout the years have shown that using a cell phone while driving is more dangerous than drinking and driving. When cell phones started becoming popular, the state legislature made it illegal to text while driving. That’s why any new laws or rules having to do with the use of cell phones by drivers are commonly associated with texting. After the initial texting and driving laws were passed, authorities realized that much more needed to be done. The cell phone rules were tightened, and today, the rules against using a cell phone while driving are much more strict than ever. It is against the law to use a cell phone when driving as long as the phone is completely hands free. As a general rule, touching your cell phone while you are driving can land you a date in Traffic Court. There are some very limited exceptions to the general rule, but officers have become increasingly diligent and aggressive when it comes to enforcing the cell phone laws. On any given day in Traffic Court, it is not uncommon to see that a large percentage of citations issued are for Distracted Driving. When the first cell phone laws were passed, the punishment for getting caught was a fine that was not reported to the Secretary of State so it did not affect your license. The current laws have made a ticket for Distracted Driving to have the same effect on your license as any other traffic tickets. Distracted Driving tickets are reported to the Secretary of State and these tickets can count points against your license, just like any other ticket.
Only one speeding ticket was issued by the Schaumburg Police during the campaign and 1 DUI occurred during the campaign over the holiday. The only DUI arrest was For Driving Under the Influence of Drugs. When Illinois legalized the recreational use of Marijuana, authorities were concerned that it would cause a big jump in the number of people charged with a DUI for Driving Under the Influence of Cannabis. That did not materialize. While it became much more common to see DUI cases involving the use of Marijuana, I have not noticed a big increase in such cases. It is not very common to see DUI cases involving marijuana.
Illinois does not allow motorists to use their cell phone for talking, texting, or using any other means of electronic communication while they are operating their motor vehicle on a public road. The only way you can use your cell phone while driving is through Bluetooth technology, provided that you are 19 and over. In the last couple of years, tickets issued for using cell phones while driving have become common. The laws regarding use of a cell phone while driving have undergone several changes throughout the years. As a result, many motorists are not fully aware of what the rules are when it comes to using their cell phones while driving. Most of the clients who I meet for cases like this frequently tell me that they did not know how restrictive the cell phone usage laws are in Illinois. I want to take this opportunity to explain the cell phone Distracted Driving law in Illinois so that you know what is allowed and what is not allowed in Illinois.
Lately, many of the phone calls I receive start off with clients telling me that they received a “speeding ticket” and asking whether they can really go to jail for their “speeding ticket.” I ask them how fast they were going, and if they were going 26 miles per hour, or more, over the posted speed limit, I have to explain what they are facing. I start off by explaining that what they received is not a speeding ticket. At least it’s not what most people commonly considered to be a speeding ticket. It’s called Aggravated Speeding in llinois. Speeding 26-miles per hour over the posted speed limit is a crime in Illinois. It’s called Aggravated Speeding and can be found at If you did not know this, don’t feel bad. Most people do not realize that speeding 26-miles per hour over the posted speed limit is a crime in Illinois until it happens to them. Sometimes, lawyers don’t even know that driving 26-miles per hour over the posted speed limit is a crime in Illinois (more on that later.) Illinois has made speeding 26-miles per hour over the posted speed limit a crime that carries potential serious consequences. Just like any other crime in Illinois, driving 26-miles per hour over the posted speed limit carries a potential jail sentence that all Illinois driver’s should be aware of. Let me explain.
Recently, I was hired to represent several clients who were charged with Failure to Yield to an Emergency Vehicle. During the course of representing these clients, I realized that many Illinois motorists do not fully understand the law when it comes to passing a stationary emergency vehicle that is stopped on the side of the road. I want to take this opportunity to discuss this law and what it involves. If you do not understand the law, and what it requires when you are passing an emergency vehicle that is stopped on the side of the road, you could find yourself with a very serious traffic ticket that could cause you to lose your license and cost you a lot of money.
Early this morning I received a phone call from a prospective client who wanted to talk to me about a “speeding ticket” they received last night for going 30 miles per hour over the posted speeding ticket on a local highway. I receive such phone calls from prospective clients almost every day. Very few people calling me for cases like this really understand what they are facing. I have written about cases like this because I handle many cases involving Aggravated or Excessive speeding. These phone calls usually start off with the prospective client wanting to talk about a “speeding ticket” they recently received. Once I find out that the “speeding ticket” is for 26 miles per hour, or more, over the posted speed limit, I usually have to explain to the prospective clients that what they are facing is not a simple speeding ticket. If you are cited for going 26 miles an hour, or more, over the posted speed limit, what you are facing is an actual criminal charge of Aggravated or Excessive Speding. Going 26 miles or more, over the posted speed limit is an actual crime in Illinois that carries a potential jail sentence. Let me explain.
I frequently receive phone calls from clients who have received a speeding ticket for driving at a high rate of speed. While speaking with these clients, it is not uncommon for me to find out that they were driving at such a high rate of speed that I need to explain to them that what they are charged with is not your typical, run-of-the-mill, speeding ticket. I end up having to explain to them that what they are facing is a criminal charge known as Aggravated or Excessive Speeding that carries a possible jail sentence in County Jail. Let me explain how an Aggravated or Excessive Speeding ticket in Illinois can land you in jail and lead to a criminal conviction that will appear on your record in a routine background search.
In the past few years, the Illinois Legislature has enacted laws which make Excessive Speeding a much more serious matter than most people think. Most people are conditioned to believe that if they are pulled over for speeding they will receive a simple speeding ticket and the most that could happen to them is that they have to pay a steep fine and take a Traffic School class. The recent changes to the speeding laws have made certain Excessive Speeding tickets an actual crime. From all of the calls that I get from prospective clients, this area of the criminal law may be one of the most misunderstood subjects.
In the past several weeks, I have spoken to several clients who were arrested for Aggravated or Excessive Speeding and were charged with a crime. Most of the people I spoke to did not realize that they could be arrested for speeding. Many people do not understand the Illinois speeding laws and how a simple speeding ticket can lead to you being arrested and facing the real possibility of having a criminal conviction appear on your record and a possible jail sentence in your future. I want to take this opportunity to try to help people understand just how drastic the consequences of a speeding ticket in Illinois can be.