TRAFFIC & CDL

CDL AttorneyThe Law Office of Andrius Spokas provides professional representation in traffic ticket defense.  Traffic violations can have severe consequences.  Convictions on your driving record may impact your insurance rates and multiple convictions for moving violations can result in suspended driver’s license.  Another commonly overlooked disadvantage of getting a traffic conviction is that it records points on your driver’s license record.  Although Illinois does not suspend your driver’s license based on the number of points on your driving record, the points  dictate how long your license will stay suspended.  Illinois Offense Table gives a comprehensive rundown of the point system.   

Drivers under the age of 21 may have their license suspended for 2 moving violations in a 2 year period.  While drivers over the age of 21 may have their license suspended for 3 moving violation in a 1 year period.  Article II of Chapter 6 of the Illinois Vehicle Code gives the secretary of state authority to suspend a driver’s license for a wide range of other convictions.  To avoid convictions, Illinois drivers can get supervision two times in a 12 month period.  Merely being eligible for supervision does not mean that you will get it.  Supervision is discretionary and the judge has no obligation to give it.  It is highly inadvisable to plead guilty and pay a fine via mail, in hopes of getting supervision, if you cannot afford to get a conviction.  Supervision is not available for some traffic violations. For example, pursuant to the newly amended 625 ILCS 5/11-601, judges may no longer give supervision for speeding in excess of 25 mph over the speed limit in urban areas.  In such cases it is especially important to have an experienced traffic attorney negotiate a deal with a prosecutor to amend the ticket to a violation that is eligible for supervision.  Attorney Andrius Spokas can assist you in the defense of any traffic violation, including:

  • Cell phone violations
  • Driving with a suspended license
  • Driving with expired license plates or registration
  • Driving without insurance
  • Failure to signal
  • Failure to yield to an emergency vehicle
  • Following too closely
  • Improper lane change
  • Leaving the scene of an accident
  • Passing a school bus
  • Railroad crossing offenses
  • Reckless driving
  • Red light violations
  • Seat belt violations
  • Speeding/Aggravated Speeding/Speeding in a school zone
  • Street racing

CDL VIOLATIONS

Drivers holding a commercial driver’s license (CDL) are held to a higher standard than other drivers.  In addition to being subject to the same set of rules and consequences as everyone else, CDL drivers may have their license suspended for just two “serious traffic violations” in a three-year period.  “Serious traffic violations” includes not only driving infractions while operating a CMV, but also certain moving violations while driving a standard vehicle by a CDL holder.  “Serious traffic violations” committed in a CMV include the following:

  • Speeding over 15 mph
  • Speeding too fast for conditions
  • Speeding in a school zone
  • Speeding in construction zone
  • Reckless driving
  • Having multiple driver’s licenses
  • Improper lane change
  • Following too closely
  • Failing to stop before railroad crossing if tracks are not clear
  • Texting while driving
  • Other offenses

Offenses deemed as “serious violations” even when not committed while operating a CMV, include:

  • Possession of multiple driver’s licenses
  • Violation of limited license conditions
  • Violation of restrictions on driver’s license
  • Vehicular manslaughter
  • Failure to obey restricted lane
  • Following too closely
  • Reckless driving
  • Texting while driving
  • Using handheld mobile telephone while driving
  • Speeding more than 15 mph
  • Other offenses

Some offenses constitute a “disqualification” for CDL holders.  One “disqualification” offense in a CMV is sufficient for a mandatory or a discretionary suspension.  “Disqualification” offenses include:

  • Operating CMV with BAC higher than .04
  • Leaving the scene of an accident in a CMV
  • Driving CMV while committing any felony
  • Operating CMV during out out of service order
  • Railroad crossing violations
  • Other offenses

The harshest, yet often overlooked penalty for CDL holders is that supervision constitutes a conviction.  CDL holders should never plead guilty to a traffic ticket and pay the fine via mail, without first consulting an attorney.  Even if the judge grants supervision, a CDL holder could have his license suspended.  A traffic attorney experienced with the murky laws effecting CDL drivers can negotiate a deal with the prosecutors that won’t impact your CDL and will let you keep your license.

WHAT IF MY LICESE IS ALREADY SUSPENDED?

If your driver’s license is already suspended, The Law Office of Andrius Spokas may still be able to help you.  Attorney Andrius Spokas has successfully vacated traffic convictions, some even older than a year, in order to get his clients’ driving license reinstated.  He has also successfully negotiated amendments of moving violation convictions into non-moving violations.  Depending on your circumstances, it may also be possible to have an informal or a formal hearing with the secretary of state to obtain a restricted driving permit.  If you received a notice of suspension, or you are fearing that an unfavorable verdict in traffic court could result in a suspension of your driving privileges, call The Law Office of Andrius Spokas at 630-635-2385 to discuss your options.