Traffic violations can be stressful and confusing. From as small as a parking ticket to as serious as an aggravated DUI. Here we explain the ins and outs of moving and non-moving violations in the state of Illinois. What do these terms mean? What are the potential penalties? When do I need a lawyer? To answer all of these questions continue reading. For questions about your specific case contact an Illinois traffic attorney today.
Moving Violation in Illinois
Traffic violations are separated into two distinct categories, moving violations and non-moving violations. A moving violation is a traffic offense that occurred while the motor vehicle was in motion. Moving violations are reported to the Department of Licensing (DOL). Common moving violations include:
- Speeding
- Reckless driving
- Driving under the influence of alcohol or drugs
- Following too closely
- Failure to use a turn signal
- Running a red light
- Ignoring a stop sign
- Distracted driving
- Drag racing
- Failure to provide proof of insurance
Moving offenses like the ones listed above are usually considered misdemeanors. If other aggravating factors are involved such as bodily injury or accidents that result in harm, they may result in felony charges. Other major moving violations include leaving the scene of an accident. eluding the police, and failure to render aid to an injured person after an accident.
Non-moving Violations
The law makes the distinction that moving violations are traffic offenses that must be reported to the DOL, while non-moving violations are not reported. Non-moving offenses usually occur when the car is stopped or in the park, however, certain non-moving violations may happen when the car is in motion. For example, driving without a seat belt. The vehicle may have been in motion, but the offense is not reported to the DOL. Other common non-moving charges include:
- Parking too far away from the curb
- Illegal window tenting
- Illegally parking in a handicapped space
- Excessive muffler noise
- Stopping in a no-stop zone
- Expired license or registration
Basically, parking tickets and faulty equipment offenses are the bulk of the non-moving violation category.
Fines & Penalties
Non-moving violations are considered less serious than moving violations and therefore have less severe penalties. In the state of Illinois, a traffic violation receives a ticket and a fine.
As mentioned before, the major difference between a non-moving violation and a moving violation is whether or not the offense is reported to the DOL. Because moving violations are reported to the DOL and to auto insurance providers they are at minimum classified as a misdemeanors. Since non-moving violations are not reported, they are classified as infractions.
Illinois traffic law recently did away with license suspensions for non-moving violations. The License to Work Act reinstated driving privileges for thousands of Illinois drivers. Before, drivers could have their licenses suspended for having too many tickets and unpaid fines and fees. The state realized that revoking licenses for people who could not afford to pay off their infractions only made it more difficult for them to get out of debt. Without a license, offenders have more difficulty securing reliable transportation to work which makes it harder to maintain employment and nearly impossible to pay their fines.
The penalties for moving violations are greatly dependent on the type of offense. In addition to the ticket, traffic fines, and points on your driving record, a moving offense carries the possibility of jail time. A Class C misdemeanor in Illinois carries the potential punishment of up to 30 days in jail and a maximum fine of $1,500. A Class B misdemeanor is punishable by a maximum of 6 months or 180 days in jail. The most serious misdemeanor, Class A, is punishable by up to one year in jail and a fine of up to $2,500.
If you are dealing with traffic-related charges, an experienced lawyer may be able to help you with your case.
What Types of Traffic Tickets Can a Defense Attorney Help Me With?
After receiving a traffic ticket, the driver has a few options. They may:
- Pay the fine, which is an admission of guilt and may be subject to additional penalties
- Request mitigation, which can reduce the original fine, schedule a payment plan, or substitute community service
- Request a contested hearing, which is a not guilty plea and an attempt to get the charges dropped through a court hearing.
In the majority of cases, it is easier just to pay the fine. Often times it is not worth the trouble to contest. A driver may want to contest for a few reasons. These include drivers who may lose their driving privileges, drivers who are being charged with an aggravated violation, and drivers who will have their employment affected by the charge. If you are looking to contest your charges a traffic attorney may help with some of the following violations:
- Commercial Drivers's License (CDL) violations
- Reckless driving
- Speeding
- Improper Lane Use
- Driving without a valid license
- Driving on a suspended or revoked license
- Driving without valid insurance or proof of insurance
- Driving without proper license plates or registration
- Drag Racing
- Fleeing the scene of an accident
- Driving under the influence of alcohol or drugs
- Accidents that resulted in bodily injury or death
At DUI Lawyers 24/7, we offer experienced and professional representation at an affordable price. If you are in need of a strong defense for your traffic violation, contact us today to begin your free consultation.