Illinois Traffic Court Basics

Types of Illinois traffic violations

Petty offenses (non-moving or minor moving)

• Parking tickets (administrative — not court)
• Equipment violations
• Seatbelt
• Some speeding (in specific ranges)

Usually fine-only. No jail. Moving violations often add 1-5 points to license record.

Moving violations

• Speeding
• Running red lights or stop signs
• Improper lane usage
• Following too closely
• Failure to yield

Fine, points, and potentially court appearance. Three moving violations in 12 months can trigger license suspension.

Class B misdemeanor traffic

• Some driving on suspended/revoked license cases
• Reckless conduct in vehicle

Up to 6 months in jail, up to $1,500 fine, criminal record.

Class A misdemeanor traffic

• DUI (first offense, no enhancers)
• Reckless driving
• Leaving the scene (minor)
• Driving on suspended/revoked license (repeat)

Up to 1 year in jail, up to $2,500 fine, criminal record.

Felony traffic

• DUI with injury or death
• DUI with prior convictions
• Leaving scene of accident with injury
• Aggravated reckless driving

Prison time, substantial fines, felony record with lifetime consequences.

When court appearance is required

The ticket will say whether court appearance is mandatory. Generally:

• Most petty/moving violations — can be paid without appearing (but may want to appear to contest)
• Class A and B misdemeanors — mandatory court appearance
• Tickets with "must appear" checked — mandatory
• Accidents with injury — typically mandatory appearance

If you miss a required court date: a warrant can be issued for your arrest in misdemeanor cases. Your license can be suspended through Failure to Appear. Appear — always.

Your options for a traffic ticket

Pay and plead guilty

Accept the ticket, pay the fine. The violation goes on your record. Fastest but affects insurance and may accumulate points.

Court supervision

Available for most non-DUI moving violations, once per 12 months (twice in 12 months for some). Supervision is a specific disposition where you:

• Pay fine + court costs
• Complete traffic safety school (for some violations)
• Avoid further violations during supervision period
• Upon successful completion, no conviction enters — record keeps the charge but not a conviction

Advantages: no points, no conviction on record (usually). Important for CDL holders, young drivers, and insurance.

Contest the ticket

Appear and plead not guilty. Hearing follows. Officer testifies; you can cross-examine and testify. Burden of proof is on the State (beyond reasonable doubt for misdemeanors; preponderance or clear and convincing for petty offenses depending on court rule).

Bench trial vs jury trial

Most traffic is bench trial (judge decides). DUI defendants have the right to jury trial.

Points system and license suspension

Illinois assigns points for moving violations:

• Minor speeding (1-14 over): 5 points
• Major speeding: 10-50 points
• Running red light: 20 points
• Reckless driving: 55 points
• DUI: conviction itself (not points) triggers suspension

Three moving violations in 12 months (as an adult) can trigger a license suspension — typically 3 months for the first three, longer for repeat.

For drivers under 21: two convictions in 24 months can trigger suspension. More lenient standards for first offenses do not apply to those with prior incidents.

DUI in Illinois — brief overview

DUI is a complex area. Brief highlights:

• First DUI is Class A misdemeanor (up to 1 year jail, $2,500 fine)
• Second DUI is Class A misdemeanor with mandatory minimum jail or community service
• Third DUI is a Class 2 felony
• Statutory Summary Suspension of license happens automatically 46 days after a BAC test (or refusal), independent of the criminal case
• Monitoring Device Driving Permit (MDDP) available for many first-time offenders
• BAIID (breath alcohol ignition interlock) required for reinstatement after DUI

If you are arrested for DUI, get an attorney before the next court date. Statutory summary suspension can be challenged, but only within a short window. DUI conviction has lifelong consequences.

CDL (commercial drivers) — critical

Commercial driver's license holders have stricter rules:

• Two "serious traffic violations" in 3 years → 60-day disqualification
• Three serious violations in 3 years → 120 days
• One DUI → 1-year disqualification (even off-duty, in personal vehicle)
• Supervision generally not available to CDL holders for CMV violations

CDL holders facing any traffic charge should consult an attorney immediately. What looks minor for a regular driver can end a CDL career.

Immigration consequences

Traffic convictions can have immigration consequences:

• DUI — sometimes characterized as a "crime involving moral turpitude" or "aggravated felony" with serious immigration consequences
• Driving on suspended license — can suggest disregard for law
• Leaving scene / reckless driving — can be CIMT for some defendants
• Multiple minor violations — less direct but can affect "good moral character" in naturalization

If you are not a U.S. citizen and have ANY traffic charge more serious than a basic speeding ticket, consult both a traffic attorney and an immigration attorney before entering any plea. "Supervision" is not a magic fix for immigration purposes.

Plea bargaining

In many traffic cases, plea bargaining reduces the charge:

• Speeding reduced to non-moving violation
• Moving violation dismissed in exchange for payment of court costs
• Misdemeanor reduced to supervision
• DUI reduced to reckless driving (rare but possible in weak cases)

Traffic attorneys often have established relationships with prosecutors and can negotiate better outcomes than pro se defendants.

Red-light camera and automated enforcement

Automated traffic enforcement (red-light cameras, speed cameras in school zones) operates under different rules:

• Administrative process, not criminal
• No points on license
• No court appearance required
• Fine only, typically $100
• Administrative hearing available to contest

These don't affect your driving record or insurance like moving violations — but unpaid ones can stop you from renewing registration or be sent to collections.

Free help

• Illinois Legal Aid Online — Traffic — illinoislegalaid.org
• Cook County Courthouse self-help information
• Legal Aid Chicago — for some serious matters
• Paid traffic attorneys — for serious tickets or CDL or non-citizens, usually worth the cost