Illinois Misdemeanor and Petty Traffic Defense Lawyers
Misdemeanor and Petty Traffic Cases
You may face prosecution for a misdemeanor or petty offense when you commit a traffic violation. Although misdemeanors and petty offenses represent less serious violations than felonies, you should treat your charges or traffic tickets seriously.
A conviction can have significant consequences, including the suspension of your license, possible jail time, hefty fines, or public service. Hiring a criminal defense lawyer can help you fight DUI or traffic violation charges as your attorney can contest the prosecution’s evidence, move to reduce or dismiss your charges, negotiate a favorable plea deal, or present a compelling defense case at trial.
Understanding Misdemeanor Traffic Offenses in Illinois
Illinois misdemeanors carry a maximum penalty of up to one year in the county jail and up to a $2500 fine. Upon a finding of guilt on a misdemeanor charge, a judge can sentence a defendant to various penalties, including supervision, conditional discharge or probation. Additional penalties could include a jail sentence, public service, traffic safety school, fines and payment of restitution to victims.
For some jail sentences a judge may allow a defendant to serve their sentence in chunks (such as during weekends) so that they can go to work or school, seek employment, or care for family members. They may also allow a defendant to serve their sentence at home, while on electronic monitoring, only allowing them to leave to shop for necessities or attend medical appointments. The defendant must wear an electronic monitoring device to ensure compliance.
Illinois divides misdemeanor offenses into three categories based on the severity of the offense. Class A misdemeanors represent the most severe misdemeanor offenses, carrying a sentence of:
- Up to 364 days in jail
- Up to two years of probation or conditional discharge
- A fine of up to $2,500
Class B misdemeanor traffic offenses include driving on an expired license and driving between 26 and 34 miles per hour over the speed limit. These offenses carry maximum penalties of:
- Up to six months in jail
- Up to two years of probation
- A fine of up to $1,500
Class C misdemeanors represent the least severe traffic offenses under Illinois law, such as destroying or removing road signs. A conviction for a Class C misdemeanor carries a maximum penalty of:
- Up to 30 days in jail
- Up to two years of probation
- A fine of up to $1,000
Illinois Petty Traffic Violations
In Illinois, petty traffic violations include any petty offense that violates the state’s traffic laws. Petty offenses represent the least severe offenses, since courts cannot impose jail time upon a conviction. Instead, petty offenses typically result in fines. Common examples of petty traffic offenses include:
- Minor speeding – 1-24 miles over the speed limit
- Red light and stop sign violations
- Improper lane use – unsafe or illegal lane changes or passing
- Failure to yield to oncoming vehicles
- Failure to yield to emergency vehicles
- Following too closely
- Failure to provide proof of insurance
- Texting while driving
The fine imposed for a petty traffic violation will depend on the specific offense, with fines potentially reaching as high as $1,000. A conviction may also result in suspension of one’s driver’s license. A driver may have their license suspended after receiving convictions on three petty traffic offenses within a 12-month period (or two offenses for drivers under 21). Certain traffic violations may carry a discretionary suspension of driving privileges, such as failing to stop for a school bus loading or unloading children, failing to yield to an emergency vehicle with activated lights or sirens, or speeding in a construction zone.
In Illinois, you are also allowed to receive up to two supervision sentences within a calendar year, which avoids a conviction on your license. Our traffic attorneys will help you maximize your rights to supervision and help you keep your license intact.
The Legal Process for Misdemeanor and Petty Traffic Cases
When your traffic ticket has the “No Court Appearance Required” box checked, you do not have to appear in court and may resolve your ticket in one of three ways:
- Plead guilty and pay the listed fine without going to court, which results in a conviction on your record
- Plead guilty and request an order of supervision, which requires you to pay the listed fine and attend traffic safety school
- Plead not guilty and defend your innocence at a court hearing
After an arrest on a misdemeanor traffic offense or if you receive a citation marked “Court Appearance Required,” you must appear in court to address your charges. However, depending on the offense, you may have the option of having an attorney appear in court for you.
Our attorneys can help you navigate this process, advise you on best steps to protect your license and even have you sign an Affidavit to allow us to represent without you needing to be present.
If you must appear in court or choose to plead not guilty to a petty traffic violation, you can expect the court hearing to begin with the judge explaining your rights and what to expect during the hearing. Many traffic cases combine the initial hearing and the trial. However, for more severe offenses, the trial court may instead ask for your plea and schedule a trial date if you plead not guilty.
Most traffic cases involve a bench trial, where a judge rather than a jury sits as the fact-finder and decides the verdict in your case. However, on misdemeanor offenses, you have an absolute right to jury trial. On petty offenses, you may request a jury trial and pay a trial fee to the Court if you choose.
Your Legal Rights in Misdemeanor and Petty Traffic Cases
When facing a ticket or misdemeanor charge for a traffic violation, you have several important rights, including:
The Right to Remain Silent
If the police arrest you for a traffic offense, you do not have to answer the officers’ questions about the offense. This right also means you do not have to testify at trial if you choose to contest your charges or citation. If you have been arrested, respectfully, but firmly decline to answer questions without an attorney present.
The Right to an Attorney
You have the right to have an attorney represent you at all court hearings on your misdemeanor or petty traffic offense. For offenses that may result in jail time, you can request the court appoint an attorney to represent you if you cannot afford to hire a private attorney. However, you do not have the right to an appointed attorney for petty traffic offenses, but you may hire a private attorney if you wish.
The Right to Confront the Evidence and Witnesses Presented Against You
When you contest a charge or citation, you have the right to confront the evidence and witnesses presented by the prosecution, including the right to cross-examine the arresting officer and other prosecution witnesses. You can also present evidence and witnesses to support your defense.
Contact Donahue & Kililis, PC, Today for Experienced Legal Representation
After getting arrested or cited for a misdemeanor or traffic violation in Illinois, you need experienced counsel who can explain your rights and options and prepare you for what to expect in the legal process.
Contact Donahue & Kililis, PC, for a confidential consultation to get the advice and advocacy you need to face a traffic citation or misdemeanor charge.