MARIJUANA POSSESSION SHOULD BE LEGAL IN ILLINOIS AND IN THE UNITED STATES: An Brief Article in Support of the De-Criminalization and Taxation of Cannabis

By Jeffrey R. Hall of Hall, Rustom & Fritz, LLC

In honor of the symbolism of April 20th, I have to publicly state that marijuana possession should be legal in small, personal amounts for recreational and medical uses. The nationwide trend is leaning towards gradual de-criminalization and Illinois really needs to speed up their repeal of legislation. I applaud the Illinois House passing medical marijuana legislation but it is too restrictive, only covering serious diseases such as AIDS and Cancer. Moreover, I find President Obama incredibly hypocritical to smoke as much weed as he did in high school and college and then keep Federal authorities prosecuting marijuana users. Had he been prosecuted for his marijuana usage, he would've never been President (and I'm sure that would make a lot of you happy out there...) Positions need to be reconsidered.

Here is a list of reasons in support of my position:

1. Marijuana is less harmful to the body than alcohol, nicotine/cigarettes, and other similar controlled substances, yet the federal government classifies it with heroin, cocaine, and crystal meth.

2. Prescriptive pharmaceuticals are far more damaging to body systems than marijuana. Any pill swallowed is hard on your liver let alone all the other side effects you hear from TV ads for medications...I mean, what the hell is "anal leakage" as a side effect for a medication!?

3. There is substantial evidence to support its treatment (easing of symptoms) of AIDS, alcoholism, Alzheimer's, Anorexia, Arthritis, Autism, Brain Tumors, Cachexia, Cancer, Chronic Pain, Chrohn's Disease, Depression, Diabetes, Fibromyalgia, Glaucoma, High Blood Pressure, Insomnia (helping you fall asleep and STAY asleep), Liver Fibrosis, Migraines, Multiple Sclerosis, Nausea, PTSD, Seizures, and Tourette's Syndrome, among many others.

4. It will not lead to an increase in DUI offenses any more than Budweiser releasing a new brand of beer will lead to more DUIs.

5. It will not lead to more crimes being committed as the critics scared us about. Crime in California, Washington and Colorado has not raised from its legalization. Go figure.

6. Scientific studies show that your psychomotor functions are not as affected by marijuana as they are by alcohol, especially in the regular amounts consumed by most users when compared to the regular amounts of alcohol consumed.

7. Further, more crimes are committed as a result of alcohol intoxication than marijuana intoxication by leaps and bounds. I do quite well as an attorney and 90% of my cases relate to actions after alcohol has been consumed. Thanks Budweiser!

8. Presently in Illinois, you could go to prison for a mandatory minimum 3 years if you are found to have THC metabolites in your system, regardless of impairment or affect on the body, and you are involved in an accident where someone dies (even if you are not at fault). That means you could ingest THC via second hand smoke, not be impaired, and then the next day, you are involved in a car accident where someone dies. The inactive THC metabolites will show in your urine and you are looking at the next 3 years in the Illinois Department of Corrections.

9. Moreover, Illinois law does not require evidence of impairment to be found guilty of DUI. So long as any controlled substance is in your system, whether active or inactive, you could face criminal charges. What crime are we trying to prevent here? I thought we wanted to prevent and/or punish impaired driving?

10. Finally, and most importantly, as a former prosecutor, it bothered me to request jail time for people arrested for possession of Cannabis but I had to at times. It was hard to justify them going to jail, being paid for by tax payers, when they weren't bothering anyone but simply had a small, personal amount on them. As a defense attorney, I fight hard to keep clients out of jail for these types of offenses. What is the public interest we are protecting? When people go to jail for small amounts of marijuana, they can lose their job, custody of their children, and we the taxpayer, fund their 3 square meals a day as well as housing, when they are locked up in our overcrowded jail cells - not to mention, after they lose their job, they are placed on public aid. Sure you can say, "If you don't want to lose your job, don't smoke." Well, the fact remains, people will want to get high and self-medicate with marijuana, regardless of what laws you have in place.

11. Thus, why don't we de-criminalize and tax it? Isn't our State pretty broke? My Illinois State income taxes nearly doubled last year. Couldn't we subsidize those tax increases with de-criminalization and taxation of its sale and regulation? I truly believe the benefits outweigh these "harms" that the reefer madness movement in the 80s misinformed us about. What are we afraid of?

Come on Illinois legislators, follow Colorado and Washington's lead on this.

If you have further questions, please visit our website at www.centralillinoislawyers.com and complete our online submission form. Or, you can call our office at 309-699-4691 or email us at how@howlawfirm.com.

LEGAL DISCLAIMER: 

The use of the Internet or this form for communication with the firm or individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form nor should the reader rely on the information listed above as true in all circumstances. This information is provided generally and any similarity between the information listed above and an individual reader's case is purely coincidental.

The attorneys at Hall, Rustom & Fritz LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.

Article Author: Jeffrey R. Hall

Jeff Hall is managing partner at Hall, Rustom & Fritz LLC and concentrates his law practice in Criminal Law, DUI & Traffic law, driver's license reinstatement hearings and criminal record expungements.

If you have a legal question, email Jeff Hall.

Jeffrey R. Hall

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I have a commercial driver's license (CDL) and I drive for a living.What happens when I'm ticketed?

By Attorney Jeffrey R. Hall, for Hall, Rustom & Fritz LLC 

In Illinois, a good career path to take is that of a commercial driver.  Everyday, we drive our state and federal highways.  Trucks of all different sizes fill the road transporting machinery & goods across the nation.  Good drivers are few and far between and the pay is substantial, when compared to other professions.

A person looking to obtain their CDL must complete certification classes and pass certain exams to obtain their commercial driver's license.  If you have already obtained your CDL, you should be aware that you must pay extra attention to traffic laws.  This is important even if you are a first offender and have a pristine driving record. 

After all the hard work obtaining your CDL, you will want to take extra precaution when driving commercially.  The laws on the books can punish you, disqualify your CDL privileges, and prevent you from earning a wage since you will not be able to drive for your job.

If you have a CDL, you will need to know about what violations can lead to a disqualification of your CDL privileges.  We have compiled a list for easy reference.  Most CDL holders do all they can to prevent one of these serious violations from going on their commercial driving record. If you are ticketed, you will likely need the ticket dismissed or at least amended to a violation that is not considered "serious" for CDL purposes. 

• For example, if you are cited with Speeding 15-20 mph over the limit, you will need the speed amended down by the prosecutors to a speed below 14 mph for the ticket to NOT be considered a serious violation. 

Below is a list of serious traffic violations that can lead to CDL disqualification.  If you are ticketed for one of the offenses listed below, you should speak to an experienced traffic attorney that knows how to properly advise you through the process while protecting your CDL.

If you are driving your commercial vehicle and you are ticketed for serious violations and you receive court supervision or a conviction in court:

1. Your CDL will be disqualified for 2 months if you receive 2 serious violations arising from separate incidents in a THREE year period. 


2. Your CDL will be disqualified for not less than 4 months if you receive 3 serious violations arising from separate incidents in a THREE year period. 


3. The federal rules governing your commercial driver's license does not differentiate between court supervision dispositions and convictions.  Thus, if you are given court supervision for a serious traffic violation, it is the same as being reported as a conviction!

If you are driving in a non-commercial vehicle (your personal vehicle), your CDL could still be affected, depending on the offense you are ticketed for:

1. You can be disqualified from driving a commercial vehicle for a period of not less than 2 months if you are convicted of 2 serious traffic violations committed in a NON-Commercial Vehicle (e.g. your personal vehicle), while holding a CDL, arising from separate incidents, occurring within a THREE year period (if the convictions would result in the suspension or revocation of your non-CDL privileges).  (This means that if you receive 2 serious violations that would suspend your regular driving privileges, you are looking at a 2 month disqualification of your CDL).


2. You can be disqualified from driving a commercial vehicle for a period of not less than 4 months if you are convicted of 3 or more serious traffic violations committed in a NON-Commercial Vehicle (e.g. your personal vehicle), while holding a CDL, arising from separate incidents, occurring within a THREE year period (if the convictions would result in the suspension or revocation of your non-CDL privileges).  (This means that if you receive 3 or more serious violations that would suspend your regular driving privileges, you are looking at a 4 month disqualification of your CDL).


3. Drivers are NOT ELIGIBLE for restoration of CDL privileges during any period of disqualification.

If you are cited with DUI and you receive court supervision or a conviction for it, the following CDL penalties will occur:

1. Your CDL will be disqualified for 1 year for your first DUI.
2. Your CDL will be disqualified for 3 years, if, during the preceding 3 years, you received a disqualifying offense (other serious violations).
3. Your CDL will be disqualified for LIFE for a second conviction (2nd DUI), or any combination of those offenses arising from 2 or more separate incidents.

Further, if you are pulled over for DUI, your CDL will be disqualified for 1 year if you test over .04 on the BAC test (if you were driving a commercial vehicle).  If you test over .08 in a non-commercial (personal) vehicle, your CDL will be disqualified for 1 year.


The Illinois Secretary of State considers the below listed offenses as CDL serious traffic violations (92 Illinois Administrative Code 1040) and are in addition to the offenses listed as serious traffic violations in the Illinois Motor Vehicle Code, 625 ILCS 5/6-500.26 (A), of the Uniform Commercial Driver’s License Act (UCDLA).

• 625 ILCS 5/6-501 Violation of More Than One Driver's License
• 625 ILCS 5/6-507(a)(1) Driving Without a Commercial Driver's License (CDL) in Possession
• 625 ILCS 5/6-507 (b) Unlawful Operation of CMV
• 625 ILCS 5/11-308 Disregarding Lane Control Signal
• 625 ILCS 5/11-503 Reckless Driving
• 625 ILCS 5/11-601(a) Speeding Too Fast for Conditions or Failure to Reduce Speed to Avoid an Accident
• 625 ILCS 5/11-601(b)(5) 15-25 MPH Above Posted Speed Limit
• 625 ILCS 5/11-601(b)(7) Over 25 MPH Above Posted Speed Limit
• 625 ILCS 5/11-601(b) Over 29 MPH Above Posted Speed Limit
• 625 ILCS 5/11-601.5 Driving 40 MPH or More in Excess of the Applicable Speed Limit.  Class “A” Misdemeanor
• 625 ILCS 5/11-605 Exceeding the Maximum Speed Limit in a School Zone
• 625 ILCS 5/11-605(a) Exceeding the Maximum Speed Limit in a School Zone
• 625 ILCS 5/11-605(b) Exceeding the Maximum Speed Limit Through a Highway Construction or Maintenance Zone
• 625 ILCS 5/11-701 Failure to Drive on Right Side of Roadway
• 625 ILCS 5/11-702 Improper Passing Upon Meeting an Approaching Vehicle
• 625 ILCS 5/11-703(a) Improper Passing on Left
• 625 ILCS 5/11-703(b) Failure to Yield Right-of-Way to Vehicle Passing on the Left
• 625 ILCS 5/11-704 Improper Passing on the Right
• 625 ILCS 5/11-705 Improper Passing on the Left with Insufficient Visibility or Within 200 Feet of an Intersection
• 625 ILCS 5/11-706 Driving on Left Side of Roadway Where Prohibited
• 625 ILCS 5/11-707(b) Driving on Left Side of Roadway in a No-Passing Zone
• 625 ILCS 5/11-707(d) Passing in Unincorporated Area Where There Exists a School Speed Zone as Defined in Section 11-605
• 625 ILCS 5/11-708 Driving Wrong Way on One-Way Street or Highway or Around Traffic Island
• 625 ILCS 5/11-709(a) Improper Traffic Lane Usage
• 625 ILCS 5/11-709(b) Improper Center Lane Usage
• 625 ILCS 5/11-709(c) Improper Traffic Lane Usage
• 625 ILCS 5/11-709(d) Improper Traffic Lane Usage
• 625 ILCS 5/11-709.1 Passing on Shoulder While Merging into Traffic
• 625 ILCS 5/11-710 Following Too Closely
• 625 ILCS 5/6-101 Operating a Motor Vehicle Without a Valid License or Permit
• 625 ILCS 5/6-104(a) Violation of License Classification for First and Second Division Vehicles
• 625 ILCS 5/6-104(b) Violation of Classification for Transporting Persons for Hire
• 625 ILCS 5/6-104(c) Violation of Classification for Transporting Property for Hire
• 625 ILCS 5/6-104(d) Violation of School Bus Permits
• 625 ILCS 5/6-104(e) Violation of Religious Bus Driver Permits
• 625 ILCS 5/6-104(f) Violation of Classification for Transportation of the Elderly
• 625 ILCS 5/6-105 Violation of Instruction Permit
• 625 ILCS 5/11-1002(d) Passing Vehicle Stopped for Pedestrian
• 625 ILCS 5/11-1201(a) For drivers who are not always required to stop, failing to stop before reaching the railroad crossing, if tracks are not clear
• 625 ILCS 5/11-1201(a-5) For drivers who are not always required to stop, failing to slow down and check that the tracks are clear of approaching train
• 625 ILCS 5/11-1201(d-1) For all drivers, failing to negotiate a railroad-highway grade crossing because of insufficient undercarriage clearance
• 625 ILCS 5/11-1412.1 Driving Upon Sidewalk
• 625 ILCS 5/11-1414(a) Passing School Bus Receiving or Discharging Children
• 625 ILCS 5/11-1425(b) For all drivers, failing to have sufficient space to drive completely through the railroad crossing without stopping

Learn how to obtain your CDL in Illinois by visiting: 

Commercial Driver's License Study Guide


To learn more about Illinois laws regarding driver's license suspensions & revocations:


Illinois Administrative Code: Traffic Suspensions & Revocations

If you have further questions, please visit our website at www.centralillinoislawyers.com and complete our online submission form. Or, you can call our office at 309-699-4691 or email us at how@howlawfirm.com.

LEGAL DISCLAIMER: 

The use of the Internet or this form for communication with the firm or individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form nor should the reader rely on the information listed above as true in all circumstances. This information is provided generally and any similarity between the information listed above and an individual reader's case is purely coincidental.

The attorneys at Hall, Rustom & Fritz LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.

Article Author: Jeffrey R. Hall

Jeff Hall is managing partner at Hall, Rustom & Fritz LLC and concentrates his law practice in Criminal Law, DUI & Traffic law, driver's license reinstatement hearings and criminal record expungements.

If you have a legal question, email Jeff Hall.

Jeffrey R. Hall

Lawyer Jeffrey Hall | Featured Attorney DUI

Lawyer Jeffrey Hall | Top Attorney Criminal Defense

Lawyer Jeffrey Hall | Top Attorney Speeding Ticket

Lawyer Jeffrey Hall | Lawyer DUI

Lawyer Jeffrey Hall | Lawyer Criminal Defense

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What happens when I miss my traffic court date?

By Jeffrey R. Hall, of Hall, Rustom & Fritz LLC.

Many times, clients contact us after they've missed their first appearance date on their traffic ticket.  They wonder if a warrant will issue for their arrest and they are terrified. 

Not to worry!  We'll try to give a detailed breakdown of the process as to what happens after you miss your court appearance.  You'll find that you will likely NOT have a warrant issued for your arrest; however, there are still serious consequences that you will want to keep in mind.  This article only addressed the process for citations issued in Illinois. 

These consequences depend on the county for which you received the ticket. Usually, if you forget about a ticket, it NEVER simply goes away.  Illinois law commands the circuit clerks of each county to forward information regarding your failure to appear to the Illinois Secretary of State.  Once they receive the notice you failed to appear, the Secretary of State will suspend your driving privileges until you resolve the ticket.

Instead of breaking down how each county handles your ticket, I'll explain generally what happens behind the scenes.

First, once you are ticketed, you should determine if the ticket requires you to appear in court.  For most speeding tickets and other minor petty traffic offenses, such as improper lane usage, improper turn signal, failure to yield, etc., a court appearance is NOT required.  Nevertheless, you must still respond to the court in some method.  On the back of your ticket, it typically provides instructions on how to resolve the ticket.  We caution you to simply pay the ticket and be done with it.  This is important and here's why:

If you simply pay the ticket over the counter or through the mail, you are essentially pleading guilty to the offense and a final adjudication of guilt will be recorded against you and a conviction will enter.  That means points will be assigned against your driver's license. 

• If you are under 21, you are only entitled to ONE moving violation conviction on your record in a 2 YEAR period.  If you receive two moving violation convictions in a 2 year period, your driving privileges will be suspended for a period not to exceed 1 year.  Depending on the severity of the ticket, such as speeding 21-30 mph over the limit, your driving privileges will likely be suspended between 6 months to 1 year.  If you receive a minor traffic violation, such as speeding 1-20 mph over the limit, your driving privileges will likely be suspended for 3-6 months.

• If you are 21 and over, you are entitled to TWO moving violation convictions on your record in a 1 YEAR period.  If you receive THREE moving violation convictions on your record in a 1 YEAR period, your driving privileges will be suspended for a period not to exceed 1 year.  Again, depending on the severity of the ticket, such as speeding 21-30 mph over the limit, your driving privileges will likely be suspended between 6 months to 1 year.  If you receive a minor traffic violation, such as speeding 1-20 mph over the limit, your driving privileges will likely be suspended for 3-6 months. 

It is recommended that you obtain a printout of your driving record (abstract) from your local DMV to determine what moving violations are actually on your record.  The record may be difficult to read so it is recommended that you consult an experienced traffic attorney to read your record to determine what effect, if any, will result from your present traffic citation.

Now, back to your court date.  Once your name is called in open court and you do not answer, the prosecutors will generally write on the file "Defendant Failed to Appear. Ex Parte Judgment issued."  They will present the file to the judge and the judge will sign.  Essentially, the court is taking judgment against you in your absence.  Thus, a conviction will enter against you.

However, if the ticket is not a petty traffic offense, but rather, a traffic misdemeanor, such as Driving While License Suspended, the court will usually issue a warrant.  Make sure you do not miss your court date if your ticket is for a misdemeanor.

Once you realize you've missed your court date, you will likely have to vacate the conviction against you if you want to "undo" the conviction that was entered by the court in your absence.  Here is where an attorney can be effective for you.  Your attorney will draft the motion to vacate, set it for hearing, then negotiate the terms of the citation with the prosecutors so the punishment against you will be as minimal as possible.  Prosecutors will look at your record as well.  If you have a poor driving record, the prosecutors may object to vacate the conviction against you.  However, if it has not been more than 30 days since you missed your court date (or the judge signed the "ex parte" judgment against you), the court will likely reopen the case against you.  If it is beyond 30 days since you missed your court date, it is harder to get your case reopened since you are beyond your "30 day Appeal" window.  On these tickets, time is of the essence to act responsibly.  That is why it is important to consult an attorney to assist you.

Your attorney can then negotiate the terms of the ticket.  We always ask for some type of disposition that will not affect your driving record, such as dispositions resulting in court supervision.  

What is Court Supervision in Illinois?  Court supervision is NOT a final adjudication of guilt.  The court is simply indirectly monitoring your behavior during a set period of time (not to exceed 1 year on petty offenses and 2 years for misdemeanor offenses).  If you abide by the terms of your court supervision (pay your fines and costs, complete any public service hours, attend the driver improvement course, not violate any law of any jurisdiction, etc), your case will close at the end of the period of supervision and NO CONVICTION will be entered.

You will typically be assessed fines and court costs.  Thus, so long as you pay the fines and court costs within your time limit given and you do not violate any other laws of any jurisdiction, the ticket will not affect your driver's license.

In conclusion, if you miss your court date, do not fret.  Simply print out a copy of your driving record at your local DMV and contact an experienced traffic attorney to assist you.  The conviction is not set in stone and if you act quickly, your attorney can undo the damage your absence caused.

It should be noted that some counties will not issue an ex parte judgment against you.  They will simply send out a 30 day notice to you that if you do not pay the ticket within 30 days, they will forward a "Failure to Pay Notice" to the Illinois Secretary of State (SOS).  Once the SOS receives the notice, they will suspend your driving privileges until you pay the ticket and they receive the receipt from the clerk's office.  Remember, if your are suspended for not paying a traffic ticket, your driver's license will not automatically reinstate once you pay the ticket.  The SOS needs to receive confirmation that it was paid from the clerk's office.  This may take a few days AFTER you pay the ticket.

Below is helpful information regarding Notices to Appear, Minimum Present Bond Amounts, Required Appearances, and Traffic Enforcement Bail Procedure.  (Taken from the Illinois Traffic Offense Code Book.  It can viewed here:  http://www.cyberdriveillinois.com/publications/pdf_publications/sos_dop10.pdf

NOTICE TO APPEAR

Whenever a peace officer is authorized to arrest a person without a warrant, the officer may instead issue to such person a Notice to Appear.  The notice shall be in writing; state the name of the person and his address, if known; set forth the nature of the offense; be signed by the officer issuing the notice; and request the person to appear before a court at a certain time and place.  Upon failure of the person to appear, a summons or warrant of arrest may be issued.  

MINIMUM PRESET BAIL AMOUNTS

Traffic Offenses. The basic Rule 526(a) presets bail for minor traffic cases at $120. Bail is preset to avoid undue delay when it is not practicable to bring the accused before a judge.

• Those violations denoted by an asterisk (*) require mandatory court appearance.
  
• Those violations denoted by an asterisk (*) are exempt from the provisions of the NONRESIDENT VIOLATOR COMPACT, and the normal Supreme Court Bail Rule applies.
  
• Those violations denoted by the number sign (#) require fingerprinting of the violator.
  
  IN EVERY CASE THE PERTINENT ILCS SECTION SHOULD BE READ TO DETERMINE THE PROPER CHARGE AND BAIL.
  
  ADDITIONAL SUPREME COURT RULES
  1. AppearanceDate-Rule504
  The date set by the arresting officer for an accused’s first appear- ance in court shall be “not less than 14 days but within 60 days after the date of arrest, whenever practicable.”
  
  2. Substitution of Cash Bail-Rule 554
  
  (a) Not sooner than 10 court days after arrest and not later than three court days before the date set for appearance in court, an accused who deposited driver’s license or a bond certificate in lieu of cash bail, or who was released on Notice to Appear, promise to comply, or individual bond under Rule 553(d) may recover either his license or bond certificate or further secure his release by substituting cash bail in the amount required by this article with the clerk of the circuit court of the county in which the violation occurred; provided, however, that no driver’s license required to be deposited under subparagraph (d) of Rule 526 may be recovered under this rule. The clerk may waive the time limits, specified by this rule.
  
  (b) In all cases in which a court appearance is not required, under Rule 551, an accused who desires to satisfy the charge but is unwilling to plead guilty may substitute cash bail under paragraph (a) of this rule; in such event, if the accused does not appear on the date set for appearance, or any date to which the case may be continued, it shall be presumed he has consented to the entry of an EX PARTE judgement (see Rule 556(b)).
  
  3. Driver’s License in Lieu of or in Addition to Bail-Rule 526(e)
  
  “...In lieu of posting the cash amounts specified (for sections: 3- 708, 11-401(a), 11-501 and 11-504, of the IVC) an accused must post $1,000 bail and his current Illinois driver’s license. Persons who do not possess a valid Illinois driver’s license shall post bail in the amounts specified in Rule 526(c) or 525 (d), except than an accused may deposit a approved bond certificate in lieu of bail specified in subparagraph (1) or (8) of 526 (c).”
  
  4. Bail Schedule-Ordinance Offenses, Petty Offenses, Business Offenses and Certain Misdemeanors-Rule 528
  
  (a) Offenses punishable by fine not to exceed $1,000. Bail for offenses (other than traffic or conservation offenses), including ordinance violations, punishable only by a fine which does not exceed $1,000, shall be $120.
  
  (b) Offenses punishable by fine in excess of $1,000. Bail for offenses (other than traffic or conservation offenses) punishable only by a fine which exceeds $1,000 shall be $1,500.
  
  (c) Certain other offenses. Bail for any other offenses, including violation of any ordinance of any unit of local government (other than traffic or conservation offenses), punishable by fine or imprisonment in a penal institution other than the penitentiary, or both, shall be $1,000, as provided in paragraph (d) of this Rule 528, and except that bail for Class C misdemeanors shall be $75.
  
  (d) Domestic violence offenses. No bail is established under these rules as provided in Section 110-15 of the Code of Criminal Procedure of 1963 (725 ILCS 5/110-15) for the offense of domes- tic battery (720 ILCS 5/12-3.2), a violation of an Order of Protection (720 ILCS 5/12-30), or any similar violation of a local ordinance. Bail for these offenses shall be set by the court pursuant to statute.
  
  5. RequiredAppearance—Rule 551
  
  A court appearance is required for the following:
  
  (a) All alleged Class A and B misdemeanor violations of the Illinois Vehicle Code.
  (b) All alleged violations of the following specified sections:
  
  3-707  Operating without insurance
  3-708  Operating when registration suspended for non-insurance
  6-101 No valid driver’s license
  6-104 Violation of classification
  6-113 Operating in violation of license or permit
  6-301 Unlawful use of license or permit
  11-409 Making a false report
  11-601(b) Speeding-Only when more than 30 mph over the posted limit
  11-1414(a) Passed school bus-loading or unloading
  15-112(h) Refusal to stop and submit vehicle and load to weighing after being directed to do so by an officer, or removal of load prior to weighing 15-301(j) Violation of excess size and weight permit
  
  (c) All alleged violations of the Child Passenger Protection Act.
  (d) Any traffic offense which results in an accident causing the death of any person or injury to any person other than the accused.
  (e) Conservation offenses for which more than $120 bail is required under Rule 527 or for which civil penalties are required under Section 20.35 of the Fish and Aquatic Life code or Section 3.5 of the Wildlife code.
  (f) Offenses arising from multiple charges, as provided in Rule 503.
  (g) Violations of any ordinance of any unit of local government defin- ing offenses comparable to those specified in subparagraphs (a), (b), (c), (d) and (h) of this Rule 551.
  (h) Any minor traffic offense where the statutory minimum fine is greater than $95, except those offenses involving truck violations under Rule 526(b)(1) or similar municipal ordinances.

TRAFFIC ENFORCEMENT BAIL PROCEDURE

625 ILCS 5/6-306.3 License as bail.


(a) Except as provided in Section 6-306.4 of this Code, any person arrested and charged with violation of Section 3-701, 3-707 or 3- 710 or of any violation of Chapters 11 or 12 of this Code, except the provisions of Sections 3-708, 11-401, 11-501, 11-503 or 11-504 of this Code shall have the option of depositing his valid driver’s license issued under this Code with the officer demanding bail in lieu of any other security for his appearance in court in answering to any such charge.

(b) However, a uniform bail schedule and regulations adopted pur- suant to Supreme Court Rule or Order may require that a driver’s license issued under this Code must be deposited, in addition to appropriate cash deposit, where persons arrested and charged with violating Sections 3-708, 11-401, 11-501, 11-503 or 11-504 of this code elect to take advantage of a uniform schedule establishing the amount of bail in such cases.

Rule 501(g)

(g) Promise to Comply. An option available to residents of other member jurisdictions of the Nonresident Violator Compact of 1977

to obtain release from custody without bail following arrests on view for minor traffic offenses (see Ill. Rev. Stat. 1987, ch. 95 1/2, par. 6–306.4(a) 625 ILCS 5/6–306.4(a)) by signing a written promise to comply with the terms of the Uniform Citation and Complaint. Residents of Illinois, and nonresidents charged with traffic offenses specified in subsection 6–306.4(b) of the Illinois Vehicle Code, as amended, shall not be released on a promise to comply, but must post bail or secure release in accordance with these rules. 

If you have further questions, please visit our website at www.centralillinoislawyers.com and complete our online submission form. Or, you can call our office at 309-699-4691 or email us at how@howlawfirm.com.

LEGAL DISCLAIMER

The use of the Internet or this form for communication with the firm or individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form nor should the reader rely on the information listed above as true in all circumstances. This information is provided generally and any similarity between the information listed above and an individual reader's case is purely coincidental.

The attorneys at Hall, Rustom & Fritz LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.

Article Author: Jeffrey R. Hall

Jeff Hall is managing partner at Hall, Rustom & Fritz LLC and concentrates his law practice in Criminal Law, DUI & Traffic law, driver's license reinstatement hearings and criminal record expungements.

If you have a legal question, email Jeff Hall.

Jeffrey R. Hall

Lawyer Jeffrey Hall | Featured Attorney DUI

Lawyer Jeffrey Hall | Top Attorney Criminal Defense

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Will a DUI affect my car insurance policy and/or rates?

By Attorney Jeffrey R. Hall, for Hall & Rustom, LLC

Many times has the question been posed as to whether or not a DUI will affect your insurance rates. The answer is not as straightforward as one would hope. Consequently, the answer is, "it depends."

First, we must look to what exactly is going on with your driving record once you receive a DUI. If you are arrested and your BAC is over 0.08 or you refuse blood alcohol testing, then on the 46th day after your DUI arrest, your driving privileges will be suspended.

Meanwhile, when the suspension becomes effective, your Driving Record will show "Statutory Summary Suspension" and the dates you are to be suspended.

If you and/or your family is insured under a car insurance policy, the larger insurance companies, such as State Farm, Allstate, and GEICO, will periodically review your policy. In that review, they will run the license statuses of each of the insured on your policy. If they discover that one of your dependants (or even yourself) has a suspended driver’s license, they will likely CANCEL your entire policy. Most license suspensions result from what insurance companies classify as major violations. Preferred rated policies, and in most cases even standard rated policies, will not allow for any type of major convictions or suspensions for any household driver within the previous 5 year period. Insurance companies will periodically re-underwrite existing policy holders and if it is discovered that a driver was convicted of a major violation and/or subject to a license suspension, non-renewal of the entire policy is a common result or even cancellation.

For example, if your son or daughter receives an underage drinking ticket, they plead guilty, receive court supervision, and the clerk mails notice of that disposition to the Secretary of State, your son/daughter’s driving privileges will be suspended for 3 months. Since your son or daughter never told you about the ticket or the suspension, you will likely find out the hard way because you’ll get into an accident and realize that your insurance policy was canceled. Now, the insurance company should send you notice in the form of a cancellation letter. However, if you don’t receive the letter or it’s lost in the mail, you may be driving without insurance and not even know it.

So what should you do if you find out about the suspension? This answer depends on the advice from your attorney, contingent on factors that will differ from policy to policy. One option is remove the suspended household driver from the policy and obtain a temporary policy under a different insurer, such as progressive or InsureOne. If the insurance company still tries to deny your renewal or attempts to cancel your policy, you can tell them the person is no longer a part of your household. If you would like to play the odds, you could keep the suspended dependant on your policy and hope that the insurance company doesn’t find out. The odds are in your favor that they will not find out because it is costly for the insurance company to review the driving records. It costs $12 per driving record to obtain. I’ve learned that the insurance companies will “periodically” review; however, it’s unlikely they’ll review unless your policy is up for renewal. If that is the case, option one may seem the most plausible. If it’s not up for renewal, you could probably play the odds and get by okay. However, that is most certainly NOT a guarantee.

This is typical for any type of suspension.  A suspension for DUI would likely be taken more seriously than a suspension for parking tickets.  It is unclear whether or not insurance companies draw that distinction.  In our experience, insurance companies will usually do as much as they can to protect their bottom line.

As to insurance rates, it would be prudent to review your insurance policy to see what the fine print says about suspensions and traffic violations.  If your policy raises rates for dispositions that do NOT result in a conviction, such as court supervision, you should take issue with that insurance company and possibly consider canceling the policy for a company that will NOT raise your rates.  


If you have further questions, please visit our website at www.centralillinoislawyers.com and complete our online submission form. Or, you can call our office at 309-699-4691 or email us at how@howlawfirm.com.

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The use of the Internet or this form for communication with the firm or individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form nor should the reader rely on the information listed above as true in all circumstances. This information is provided generally and any similarity between the information listed above and an individual reader's case is purely coincidental.

The attorneys at Hall & Rustom LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.

Article Author: Jeffrey R. Hall

Jeff Hall is managing partner at Hall, Rustom & Fritz LLC and concentrates his law practice in Criminal Law, DUI & Traffic law, driver's license reinstatement hearings and criminal record expungements.

If you have a legal question, email Jeff Hall.

Jeffrey R. Hall

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