Traffic

“My foremost belief as a practitioner is to act aggressively on behalf
of my client while treating the client himself with compassion.”

– MARTIN DOORHY

Circumstances can lead people to situations in which they are confronted with charges for criminal offenses, sometimes quite serious, against which they must defend themselves.

At that time the wise thing to do is work with a lawyer whose experience gives you confidence, and whose concern for you makes you secure.

Attorney Martin Doorhy has been achieving the highest level of results for his clients for over 25 years, first as a government prosecutor, and now as a defense attorney. Today 90% of Martin’s cases are in Cook and Will Counties, while almost 70% are concentrated in the Fifth Municipal District (Bridgeview) and the Sixth Municipal District (Markham) of Cook County courthouses. He is normally in Bridgeview and Markham courthouses three days weekly, and is intimately familiar with the judges, prosecutors, and police departments in these southwest and south suburban criminal courts.

Mr. Doorhy provides the following advice regarding Traffic Law within Cook and Will Counties.

–SOME PEOPLE HAVE THE IMPRESSION HAVE THE IMPRESSION THAT THE ONLY TIME THEY REALLY NEED AN ATTORNEY IN A TRAFFIC CASE IS IF THEY ARE CHARGED WITH DUI. This is an erroneous and dangerous assumption. Driving while your license is either revoked or suspended, Aggravated Speeding (31 miles per hour or more over the speed limit), Reckless Driving (even when there is no accident), or Leaving the Scene of An Accident with only property damage are all Class A misdemeanors. (Leaving the Scene of an Accident with Personal Injury is a felony.) This places these offenses in the same category as Battery, Aggravated Assault, Retail Theft, Criminal Damage to Property, Domestic Battery, and other crimes for which no reasonable person would go to court without a lawyer.  So treat these traffic offenses seriously as you will find yourself in a criminal courtroom if you are charged with one of them.

–WE NEXT COME TO THE CATEGORY OF WHAT ARE USUALLY CALLED “MAJOR MOVERS.” Apart from the offenses mentioned above, major movers include speeding in a construction zone (mandatory minimum fine of $375.00 plus almost $200.00 in costs in Cook County), speeding in a school zone, going around a stopped school bus whose driver has the stop arm extended, driving around lowered barriers at a railroad crossing, and failing to yield for an emergency vehicle. You cannot receive supervision for these offenses as they are all mandatory convictions.
You should consider retaining a lawyer for such cases.

–REMEMBER THAT THREE CONVICTIONS FOR MOVING VIOLATIONS, STARTING WITH THE ARREST DATE OF THE FIRST OFFENSE, MEANS YOUR LICENSE IS SUSPENDED IN ILLINOIS.And if you are under the age of 21, it requires merely two convictions within 24 months of the first arrest date, and that is not difficult to do.

–CDL DRIVERS ARE ESPECIALLY AT RISK IN TRAFFIC COURT. These drivers, usually men and usually truckers, depend upon their licenses for their living. If they cannot drive, they cannot work. If a “CDL man” commits a
“serious offense” traffic violation, he cannot even obtain supervision; he can only be convicted. Two such convictions in three years (compared to three convictions in only one year for a regular motorist) will result in the suspension, or “disqualification.” of his CDL, and the possible loss of his job. Serious offenses for CDL drivers are much less serious than what many people believe. Improper Lane Usage in a commercial vehicle (CV) is, believe it or not, a serious offense. Driving 15 miles over the speed limit in a CV is also a serious offense. Driving the wrong way down a one way street in a CV is a serious offense. The list goes on and on. A DUI, even in his private car, even with supervision given by the judge, results in a CDL driver’s disqualification from operating his CV for a full year.

–SECRETARY OF STATE HEARINGS      If your license is revoked, which most often is seen with multiple DUI offenders, you must have a hearing before a Secretary of State (SOS) Hearing Officer. It is always wise to have an attorney present at these hearings who is familiar with the proceedings; a lawyer may have an extensive trial background and still be unfamiliar with the complex rules which govern these SOS hearings. Virtually no one who is revoked is ever reinstated after his first SOS hearing. The procedure in over 90% of the cases, even if the driver “wins,” is granting him an Restricted Driving Permit (RDP) for a year which, if he operates on it successfully for nine months, entitles him to be considered for full reinstatement. (On occasion, multiple DUI offenders are not eligible for reinstatement for longer periods.) Formal hearings for revoked drivers are conducted at only two sites in northern Illinois: 17 North State Street on the twelfth floor in downtown Chicago, or 30 North Ottawa Street in Joliet.

–PAYING MOVING VIOLATIONS BY MAIL   Normally, it is unwise to pay a moving violation by mail by simply mailing in the fine. Officers who offer you an envelope to pay in order to avoid court mean well. But what they usually fail to mention is that such payment will place a conviction on your driving record. Only a judge can give supervision. (This is unlike the photo/video surveillance scenario at traffic lights in which such ordinance violations do not appear on your driving record.) If a police officer issues a “Uniform Citation” pursuant to his observation of a violation, and suggests that you pay by mail, consult an attorney. Unless there is a box on the envelope to check for Traffic Safety School (and you have not had two Traffic Safety Schools in the past year), you cannot get supervision if you mail in that ticket with payment. Remember, it is much easier to obtain supervision from a judge in the first place than it is to ask him to vacate a conviction and then, please, consider giving you supervision.

 

 

 

The Law Offices of Thomas W. Lynch & Associates, P.C.
9231 S. Roberts Road
Hickory Hills, IL 60457
TEL: (708) 598-5999 – FAX: (708) 598-6299
E-Mail: info@thomaswlynchpc.com

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