Traffic courts hear more cases than any other court. Hundreds of thousands of traffic cases are heard each year in courts throughout Illinois.
Some traffic violations are settled before they reach the court, if the driver pays the fine and simultaneously admits guilt. Choosing to proceed in this manner, however, will usually result in a conviction on the driver's record for the citation. This can trigger license suspensions, increased insurance rates, and possibly employment consequences for professional drivers.
Frequently, however, the driver will appear in traffic court. Some drivers may desire a court hearing to work out a more acceptable negotiated plea. Furthermore, court appearances are mandatory for certain traffic offenses, including driving under the influence (DUI), reckless driving, operating a vehicle without a valid driver's license or insurance, and some speeding violations.
Among the most common traffic violations are speeding, running a red light, and failure to provide proof of insurance. Other violations drivers may commit include disobeying the Child Passenger Safety Act; DUI; drag racing; reckless driving; leaving the scene of an accident where property damage, injury, or death is involved; fleeing to elude police; and failing to wear a seatbelt while driving. Illinois has more recently passed laws criminalizing illegal transportation of cannabis.
Receiving a Traffic Ticket
If you are stopped by a police officer for violating a traffic law and issued a ticket, it must include the nature of the charge; the date, time, and location of the alleged violation; and the statute or ordinance you are accused of violating. You will be asked to sign the ticket agreeing to appear in court on a set date and time or comply with the terms of the ticket if no court appearance is required. If you fail to sign the ticket, you could face an additional penalty. Your signature is not an admission of guilt; it simply indicates your willingness to appear in court or otherwise comply with paying the required fine if you are found guilty. A police officer has the discretion to arrest you for a traffic offense even if it is a petty violation, but arrests usually only occur in cases of more serious offenses such as DUI.
Traffic Penalties
Traffic violations carry penalties that can range from a maximum fine of $100 for civil infractions such as red light camera violations to a prison sentence of 14 years or more for serious offenses that result in death. Several offenses or combinations of offenses may result in the suspension or revocation of your driver's license, such as a conviction for not stopping for a school bus that is loading or unloading children or a conviction for speeding through a construction zone.
When prosecuted as municipal ordinance violations, traffic violations are punishable only by a fine and have a unique fine structure set by each city government. Parking, red light camera, and most speeding camera violations are typically prosecuted in this manner in most circumstances. By contrast, violations of the state traffic code are classified as petty offenses, business offenses, misdemeanors, or felony offenses and may carry more serious penalties. Felony offenses such as traffic violations where death resulted are usually heard in criminal court, not traffic court.
In Illinois, most traffic charges are categorized as either petty, business, or misdemeanor offenses.
Petty offenses are those punishable by fine only up to a maximum of $1,000. These include stop sign, red light violations (witnessed by an officer as opposed to captured by a camera), most speeding tickets, and lane change violations. All court cases involve court assessments that are assessed in addition to the fine. For a petty violation, these start at $226 but can increase based upon the type of violation or the county. The fines range from a minimum of $25 to a maximum of $1,000. In most situations, time is given to pay fines and court costs unless the court orders otherwise. A business class offense is essentially a petty offense for which a fine in excess of $1,000 may be levied in addition to court assessments typically starting at $226. Common business class offenses include a first offense for operating a vehicle with suspended registration or third or subsequent offenses of operating without insurance.
In the case of most petty traffic offenses, a court may issue an order of supervision where the defendant has a good driving record. Under an order of supervision, the defendant is usually required to pay a fine and/or attend traffic school and is placed on supervision for a specified period of time. If the defendant complies with the conditions imposed by the court prior to the conclusion of the supervision period, their case will be dismissed and thus will not result in a conviction on their driving record. With that said, it is important to remember that court records will reflect that a supervision occurred and this can affect your eligibility for court supervision in the future on other traffic violations.
Misdemeanors are divided into three classes, referred to as Class A, B, and C. In addition to a court assessment of at least $325, significant fines and even incarceration can result.
Class A is the most serious and includes violations such as a DUI, driving 35 mph or more over the posted speed limit, most instances of driving on a suspended or revoked license, and reckless driving. Possible penalties for Class A misdemeanors include up to one year in prison and/or a maximum fine of $2,500.
Class B misdemeanors, such as driving on a license that has been expired for over a year and driving between 26 and 34 mph over the posted speed limit, carry possible penalties of up to six months in prison and/or a maximum fine of $1,500.
Class C misdemeanors, such as certain improper uses of registration or certificates of title, are punishable by up to 30 days in prison and/or a maximum fine of $1,000.
License Suspensions and Revocations
Illinois driver’s license holders can find themselves at risk of suspension or revocation if they receive too many tickets too quickly or even serious tickets (passing a school bus unloading children or DUI) that alone can trigger a license suspension or revocation. A suspension is a temporary withdrawal of driving privileges by the Secretary of State. A revocation is a termination of driving privileges that cannot be reversed without relief (typically after a hearing) from the Secretary of State after at least one year. One of the most common causes of license suspension is receiving too many moving violations within a specific time period.
- For any Illinois license holder, receiving three moving violations issued within a 12-month period that results in conviction will trigger a suspension or revocation.
- For any Illinois license holder who, prior to their 21st birthday, receives two moving violations issued within a 24-month period that result in a conviction will trigger a suspension or revocation.
- For any Illinois license holder who, prior to their 21st birthday, receives a moving violation that results in a conviction AFTER having already been suspended previously for moving violations will trigger a suspension or revocation.
The suspension length can be as short as one month and as long as 12 months or a revocation may result. The extent of driving privilege limitations is largely based on the severity of the offenses. In some cases, a suspension or revocation can last much longer than 12 months if multiple suspensions or revocations occur. Driving on a suspended or revoked license carries increased penalties, which often include doubling the period of suspension, additional fines, and a possible sentence of jail time or community service.
It has been said that driving is considered a privilege, not a right. There are many factors that can lead to losing your privilege to drive and the above should not be treated as an exhaustive list. For a review of whether a license suspension or revocation is possible, it is recommended that one consult an attorney or speak to the Secretary of State.
Court Procedures
A police officer issuing a citation must mark one of two boxes that are printed on every traffic ticket: "Court Appearance Required" or "No Court Appearance Required." If your traffic ticket indicates that you are not required to appear in court, you have three options:
- Plead guilty and pay the fine without going to court, but receive a conviction on your record (typically this will be $164).
- Plead guilty and request an order for supervision, which will avoid a conviction on your record if you pay the required fine and attend traffic safety school. Some counties like DuPage County do not require this. For most counties, this will be typically $164 plus the cost of attending the approved traffic safety school.
- Plead not guilty and request a trial. In some counties like, Cook County, this option is required to have a court date on your case whereas many other counties will create a court date by default if no action is taken. If you choose to plead not guilty, your ticket should include detailed information about how to notify the appropriate court of your intention to do so if it is required.
Note: You should read all documentation carefully. Supervision is not guaranteed with this request and specific circumstances under which it is denied may be explained. In such situations, attending court may be the only way to receive court supervision.
Whether you are required to appear in court for your traffic offense or choose to do so to contest the violation, you should always follow certain decorum, which includes arriving to court on time and dressing in a manner that shows respect for the court. To avoid being late, it is advised to arrive before your court time to provide time to proceed through security and review their policies regarding phones, bags, and other items prohibited or allowed.
The judge who hears your case will begin by explaining your individual rights in a traffic case and will also outline how the court call will proceed. This may be given to the entire court as a general announcement at the start of court rather than to each individual, so arriving on time is important. Although your case may proceed to trial at your first court appearance in some circumstances, typically the only thing that will occur at this initial hearing is your official plea of guilty or not guilty. You may choose to resolve your case by having your attorney speak with the prosecutor about a potential plea bargain. If you then decide to enter a negotiated plea of guilty before your case is called at your first appearance, you or your attorney should inform the judge of your negotiated plea when your case is called, as the court is not bound by any agreement reached between you and the prosecution. If you decide to contest the violation(s) by pleading not guilty, your case will then proceed to a trial on that day or on a future date depending on the county or municipality’s procedure and the court’s schedule.
Most traffic cases in Illinois are conducted as a bench trial, where a judge alone hears and decides the case based on the facts presented. However, you have the right to a trial by jury when accused of any traffic offense regardless of its severity, and thus you may assert this right if you so choose.
Each person testifying—including you, the arresting officer, and any witnesses—will be asked to take an oath and tell the truth about what occurred. After the arresting officer and any other prosecution witnesses testify, you will typically have the opportunity to ask the witnesses questions. The prosecutor may ask additional questions after any questions you ask. Following this period, you will have your chance to tell your side of the story. You and any of your witnesses will have the opportunity to testify, though you have the right to not testify if you so choose. The prosecution has the burden of proving its case against you. In the case of a violation of a municipal ordinance such as speeding on some local roads (as opposed to unincorporated county roads), that burden is "by a preponderance of the evidence," which means that it is more likely than not that you committed the offense. For all other traffic violations of state law, the prosecution's burden is the heavier one of "beyond a reasonable doubt." After the close of all the evidence, the judge (or jury) will decide whether the prosecution has proven its case.
If you are found guilty of committing most petty or business traffic offenses, the judge will issue a sentence that includes a fine and court assessments in addition to either supervision or a conviction on your driving record. Additional penalties such as attendance at an approved Traffic Safety School or a specific number of community service hours may be ordered. Time is typically given to pay fines and court assessments.
If you are found guilty of committing a more serious traffic violation, the judge will issue a sentence that includes a fine and court assessments in addition to a specific sentence such as supervision, conditional discharge (a form of conviction), or probation if eligible. As part of the sentence, the judge may order attendance at an approved traffic safety school, a specified number of hours of community service, jail/prison incarceration, or any combination thereof. As with petty and business violations, time is typically given to pay fines and court assessments.
Your Rights Under Illinois Law
- You have a right to an attorney. If you are charged with a traffic violation that carries potential imprisonment as a possible penalty, you have the right to be represented by an attorney. It is prudent to hire an attorney for offenses punishable by jail time if possible. However, if you are charged with such an offense and cannot afford to hire an attorney, the court may appoint you one. You must show proof of financial hardship by providing the court with documents that include a current pay stub, W-2 forms, proof of disability or Social Security income, proof of public assistance, and possibly other documents. Many courts will also require you to prepare and submit to the judge a financial affidavit describing your resources and debts.
For traffic violations punishable by fine only, you have the right to hire an attorney, but one will not be appointed if you fail to do so. A list of attorneys in your area, who are experienced in traffic law, is available through various referral programs, including the Illinois State Bar Association's Illinois Lawyer Finder, or by calling the Association's lawyer referral service at 217-525-5297. Attorneys participating in the phone referral service will provide an initial consultation for a fee of not more than $25.
- You have a right of confrontation. As a defendant in court, you have the right to confront and cross-examine the arresting officer and the prosecution's other witnesses. You also have the right to bring witnesses to testify on your behalf during the proceedings. If the witnesses in your defense fail to come voluntarily, you can have them subpoenaed.
You or your attorney can ask questions of the witnesses and present evidence, such as photographs, to support your testimony. The officer who issued the ticket will be notified to appear in court; you have the right to see any paperwork the officer presents prior to it being submitted to the judge.
- You have a right to remain silent. As the defendant, you have the right to remain silent. You cannot be forced to testify.
- You have a right to an appeal. If you believe that a legal error was made when the judge rendered the decision, you have the right to appeal your case to the Illinois appellate court. You must file a notice to appeal within 30 days after the traffic court has made its final decision. No new evidence may be presented during the hearing conducted by the Illinois appellate court. Any claims you wish to make in your appeal should be included in your motion which must be in writing. Anything you do not include in your written motion may be considered waived. If you cannot afford an attorney or a transcript of the events of the court (where available), you may be appointed with an attorney to assist you in your appeal. As was the case above, you may be asked to provide proof of your inability to afford an attorney to assist you.
Driving Under the Influence (DUI)
A driver convicted of a DUI will have their driving privileges revoked indefinitely. A person whose privileges have been revoked may be eligible to reapply for a driver's license after a certain period of time, provided that they pay a reinstatement fee, undergo an alcohol and drug evaluation, complete an alcohol/drug remedial education program, and demonstrate to a Secretary of State officer that public safety will not be endangered if the privileges are restored.
Also, most drivers who are arrested for a DUI or who fail or refuse to submit to a chemical test (e.g., a breathalyzer or blood test) will automatically have their driving privileges suspended, even if no DUI conviction results. This is known as a statutory summary suspension and usually takes effect 46 days after the driver receives a notice informing him or her of the summary suspension. A driver may file a petition to rescind a statutory summary suspension within ninety days after receiving the notice and if, after a judicial hearing, a judge rules in the driver's favor, the summary suspension will be rescinded. If the suspension is not rescinded by a court, a person's driving privileges will be reinstated once the summary suspension period is over and a reinstatement fee has been paid. The reinstatement fee for first-time offenders is $250, while the fee for repeat offenders is $500.
First-time DUI offenders whose privileges have been suspended may obtain a Monitoring Device Driving Permit (MDDP) that will allow them to drive anywhere at any time during the summary suspension period so long as they are driving a car in which a Breath Alcohol Ignition Interlock Device (BAIID) has been installed. A BAIID locks the vehicle's ignition until the driver blows into a breathalyzer. If their breath sample registers a BAC of .025 or more, the BAIID will prevent the driver from starting the vehicle. Additionally, the Secretary of State's office can download information from the BAIID every 60 days and if a violation is detected, additional penalties may result.
If a person received a DUI or a statutory summary suspension within the last five years prior to their new DUI arrest, they face a longer statutory summary suspension period—one year if the person tests above the legal limit or tests positive for an illegal substance and three years if the person refuses or fails to submit to chemical testing. Additionally, this person is not eligible for driving relief through the MDDP program during the statutory summary suspension period of one or three years.
Offenders who have two or three DUI convictions, two statutory summary suspensions within the last 10 years, or one DUI conviction in addition to one statutory summary suspension for a separate DUI arrest within the last 10 years may obtain a Restricted Driving Permit (RDP). An RDP allows an offender to drive on a restricted basis, but again, only in a vehicle that has had a BAIID installed. For example, an RPD might allow an offender to drive to and from work or to and from the doctor for treatment appointments. In order to obtain an RPD, the offender must demonstrate that a hardship exists, provide a current professional alcohol/drug evaluation, when provide proof of remedial education or treatment when appropriate. The offender must also attend a hearing at the Secretary of State's Department during which the offender's driving record is reviewed to ensure they will not threaten public safety if issued an RPD.
In addition to having driving privileges revoked, penalties for a DUI conviction vary depending on particular circumstances such as the driver's age and BAC level, whether a child was in the car at the time of the violation, and whether the driver has any previous DUI convictions. Possible penalties include suspension of vehicle registration and fines for first-time offenders, a mandatory minimum of 100 hours of community service and a mandatory minimum fine of $500 for first-time offenders who had a BAC of 0.16 or more, and possible imprisonment of 3-7 years and fines up to $25,000 for third-time offenders.
Drivers with a commercial driver's license (CDL) who are arrested for DUI are subject to additional penalties regarding their specialized licenses. Specifically, a driver's CDL will be disqualified for a year if a statutory summary suspension remains in effect or if there is a disposition of guilt to the DUI charge. Note: A deferred disposition of court supervision to the DUI charge is still considered a conviction for purposes of a CDL and will result in the disqualification of CDL privileges. A second disqualification of CDL privileges results in a lifetime disqualification.
If you are charged with a DUI offense, you should hire an attorney immediately.
Prepared by the Illinois State Bar Association's Traffic Laws and Courts Section (2024)
