Chicago Traffic Attorneys

In this article, our Chicago traffic attorneys explain the circumstances that police are allowed to pull you over for in a traffic stop. We also discuss the rights you have when it comes to consenting for your vehicle to be searched, the rights of your passengers and also what happens when you refuse a search of your vehicle. It's important to know your rights and that of your passengers to ensure your rights are protected. The 4th Amendment prevents the police from conducting unreasonable searches and seizures.  A traffic stop qualifies as a “seizure” within the context of the 4th Amendment.  Therefore, the police are prohibited by the 4th Amendment from conducting a traffic stop without “specific and articulable facts” that give rise to a reasonable suspicion of criminal activity.  Violations of traffic laws or erratic driving can provide such reasonable suspicion so as to permit the police to pull you over without violating your 4th Amendment rights. If you are pulled over for a traffic stop, you must provide the police officer with your driver’s license, proof of insurance and registration if the officer requests it.  However, you are not required to answer any questions that the police officer asks you. A police officer may perform a search of your vehicle without a warrant if he or she has probable cause to believe that a crime has been committed.  However, absent probable cause, the police do not have the right to search your vehicle unless you consent to the search. Passengers in a car that has been pulled over by the police are not legally responsible for the driver’s violation of the law.  The general rule is that passengers are free to leave during a traffic stop unless, based on the passenger’s behavior or other circumstances, the police develop probable cause to suspect that the passenger has committed a crime.

‍

In this article, our Chicago traffic attorneys discuss current Chicago DUI laws and explain the options you have when you're pulled over for a DUI in Chicago. We explain the potential penalties of a DUI, your rights to deny a Breathalyzer and the current laws of statutory suspension of your driver's license after being charged with a DUI in Chicago. If it is your first offense, you can attempt to have the charges dismissed or reduced. If the State is not willing to dismiss or reduce the charges and you should then request court supervision. First time DUI offenders in Illinois are entitled to court supervision. If it is your second or more DUI, the situation is much more complicated. First, you are not eligible for court supervision. Also a revocation of your license is guaranteed upon a conviction. There is also the possibility of jail time although many courts will agree to extensive community service in lieu of jail time. Finally, if this is your third DUI it is considered a felony.

‍

In this article our Chicago traffic attorneys explain all the rights afforded to you during the criminal process.Understanding the criminal process is important to know your rights you have if your arrested. Even when arrested, you have inalienable rights such as the right to remain silent to prevent self incrimination, the right to an immediate bond hearing, the right to an attorney and the right to know the evidence against you.

.

‍