The state of Illinois has a requirement that is mandatory for all registered vehicles to carry liability insurance with a minimum coverage of $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 for property damage. Also, drivers in the Godfrey, IL area must carry uninsured motorist coverage with the same minimum limits.

If you fail to carry the proper insurance, this is considered to be a petty offense that is punishable by a fine. However, if you are caught driving while uninsured, you can face up to a $1,000 fine and you could have your driver’s license and vehicle registration suspended. This suspension can last up to three months until a $100 reinstatement fee and proof of insurance are submitted. If you repeat this offense, your penalty will increase.

Penalties for Driving Without Insurance

Illinois state laws require that everyone carry an insurance ID card while driving in their vehicle. If you are driving uninsured, you can have several penalties that vary on the circumstance and can be enforced in two different ways. These ways include the verification of proof of insurance during a traffic stop or through a random sampling process where the state sends a form to a randomly chosen driver asking to verify their insurance company and policy number. Some of the different penalties for driving uninsured include:

• Fines: For a first & second offense there is a $501-$1,000 with the possibility of an additional $1,000 for driving with suspended license plates due to an insurance violation. For subsequent offenses, $1,000 is the general fee with an additional $1,000 for driving with suspended plates, and an additional $2,500 fine will be placed upon you if you have been convicted twice and are involved in an accident.
• Driving Privilege: During the first & second offenses, your driver’s license and registration are suspended for up to three months. For any subsequent charge, your registration and license are suspended for four months.
• Other: For first & second offenses, a $100 reinstatement fee Is charged. For any subsequent charges, it is a $100 reinstatement fee, and are required to provide proof of financial responsibility (SR22 certificate) for three years.

Reducing Fines

If you are caught driving while uninsured, the incurred fines can be reduced if you were not convicted previously for violating this law and can provide proof of appropriate insurance coverage as of the date of your court appearance. Proof of these points can result in paying a $100 fine and a disposition of court supervision.

If you are dealing with a case of driving while uninsured in Godfrey, IL, give our team at Diaz Law a call today! We will make sure that your case is properly handled.

 

While out in the heat and having some summer fun, some people think they can have a drink or two while they operate a boat. What those people fail to realize is how similar Alton, Illinois boating laws are to its DUI laws. The same limits and regulations apply to boating, if your blood-alcohol content (BAC) is .08 or more while operating a boat, you are breaking the law. This term is often referred to as a BUI or boating under the influence.

What Qualifies as Boating Under the Influence?

The Illinois Boat Registration and Safety Act states the ways you can be charged with boating under the influence (BUI).  If you’re under the influence of alcohol or a drug that would impair your ability to safely operate the vessel, or if your BAC is .08 or above, you could be charged.

BUI Consequences

BUIs can carry weighty consequences similar to DUIs. A typical BUI violation constitutes a Class A misdemeanor, which could result in a $2,500 fine or up to a year in jail. Depending on the circumstances of the situation itself, your charges could become a felony charge. Felony charges can land you a fine of $25,000 and up to three years in prison. Typically charges this significant is given in situations where your actions caused permanent damage or bodily harm to a passenger on the vessel (not including yourself) or if this is a repeated offense. The Department of Natural Resources will also revoke your watercraft operation privileges for a period of time depending on what conviction you were charged with. Misdemeanors result in one-year suspensions and Felonies result in three years suspensions.

Need a lawyer who can help your fight your BUI charges? Give our team over at Diaz Law Offices a call today!

Trying to get around when your driver’s license is suspended or revoked can be tricky. If you think you can drive with this happening, you should really reconsider. This is because in Jerseyville, IL, driving with a revoked or suspended license as a result of a DUI is a mandatory jailable offense.

If you have been faced with revocation or suspension of your driver’s license due to DUI charges or for other traffic convictions and you are caught driving afterward, we at Diaz Law Offices can help!

Some Consequences of Driving with a Suspended or Revoked Driver’s License

We understand that there are serious consequences when you drive while your license is revoked or suspended. This is especially true if you are dealing with DUI charges. The penalties for driving without a license are greater than just getting a ticket, it can sometimes lead you to receive a felony.

The obvious penalty is an extension to your driver’s license revocation or suspension. However, if your suspension was related to a DUI, and you were speeding or breaking other driving laws, you can face some required jail time. In addition to this, any hope of obtaining a hardship permit or MDDP will be off the table. Your vehicle can also be impounded and forfeited. There is a list of penalties that goes on, but here are some depending on your first or second offense.

• First Offense: A conviction for a first offense of driving with a suspended license or revoked license is classified as a class A misdemeanor. The consequences for driving without a license can include a mandatory minimum sentence of 10 days in jail, and potentially up to a year. A fine could reach up to $2,500.
• Second Offense: A conviction of a second offense can be classified as a class A misdemeanor or a class 4 felony. There are mandatory minimum sentences of 30 days, and the fines jump up to as much as $25,000. To make matters worse, your revocation and suspension will be extended by several years. It will also become extremely difficult to get your license reinstated.

Do Not Take Any Chances

There is typically little sympathy for your need to drive, as they are looking for people to pull over. It only takes an officer a matter of seconds to run your car’s plates and discover that you are driving with a suspended or revoked license. In a variety of cases, they may end up discovering it when pulling you over for something else, this can include speeding, failing to stop at a stop sign or even drunk driving.

If you are dealing with issues involving a suspended or revoked driver’s license, our team at Diaz Law Offices is here to help you.

What Should I Do If I Am Stopped for a Traffic Ticket in Bethalto, IL

Make sure that you first pull over in a safe manner as soon as you can. Put your vehicle in park and turn off your radio and engine. Make sure that if it is dark outside you turn on your overhead light, and keep your hands visible, while rolling down your window. It is best to wait to take out your driver’s license and insurance until it is requested by the officer. Any movement such as reaching into your wallet, center console, or glove compartment could be seen as a “furtive” movement by the police officer.

Although being stopped by an officer can be a stressful and frustrating experience, just remain friendly and calm. Do not make any excuses or argue with the officer. Your attitude is very important during this whole process and can influence the decision made by the officer.

If the officer asks you if you understand why you have been stopped, make sure that you do not admit guilt. It is very likely that you are being recorded with audio and/or video and this evidence can later be used in court. Make sure to politely let the police officer know that you are not sure why you were stopped.

If the officer claims that you have committed a traffic violation, politely ask if they would consider issuing a warning rather than a traffic ticket. If the officer decides to issue you a traffic ticket, you need to contact a traffic attorney while the details of the stop are still fresh in your mind.

Do I need a Lawyer for my Traffic Ticket?

You should always try to seek legal advice from an attorney when it comes to handling a traffic ticket in Bethalto, IL. A driver should not step into court without understanding their options and the consequences of having a conviction. It is typically not required that you retain the services of a traffic lawyer in Illinois unless your traffic ticket is to the level of a criminal offense. Regardless even for petty traffic offenses, you should consider getting legal representation. This is because it can make a world of difference with the specifics of your case.

Will a Ticket Affect My Auto Insurance Rates?

Your insurance rates will most likely increase after receiving a conviction for an Illinois traffic ticket. Typically, your insurance rates will not increase if your ticket is dismissed, you are found to be not guilty, or if you are placed on court supervision because the office is not reported on your public driving record.  An increase in your insurance premium depends on the type of traffic violation you have committed as well as your specific insurance policy. Speak with an Illinois traffic ticket attorney or contact your local insurance provider to find out any possible consequences on your auto insurance.

If you are looking for a local attorney to help you get your traffic ticket case resolved, call Diaz Law today! We are here to make sure that you understand the legal process as well as help you with your court appearance if you have one.

Seizure and Forfeiture of Vehicle in Alton, IL

If you are stopped by the police in Alton, Illinois, and are charged with driving under the influence (DUI), you probably know that you’re not going to be driving yourself home that night. However, Illinois law allows the police to seize and keep your vehicle under Article 36 of the Illinois Criminal Code.

About Article 36

Article 36 of the Illinois Criminal Code allows law enforcement to seize and sell your vehicle for any number of serious offenses, including DUI and driving without a license. However, they must follow a set procedure, and you have a right to tell your side of the story.

The agency that towed your vehicle will generally transfer it to the local sheriff’s impound lot within 14 days. Once the vehicle is transferred to the sheriff’s custody, they have 15 days to notify the registered owner (everyone listed on the title) of the vehicle that said vehicle is facing seizure. This part can get a little tricky, especially if you drive a company vehicle or you were driving a friend or relative’s vehicle when you were arrested.

There are ways to avoid this from happening. Your spouse can file to have the vehicle transferred to his or her name if they can prove that the seized vehicle is the family’s only means of transportation. This exemption can only be used once per family.

If your family can’t prove hardship (or if you have multiple vehicles), the next step is a court hearing. You don’t have to be convicted of the offense for the state to seize your vehicle. There just needs to be a “preponderance of evidence” against you.

As you can see, the seize and forfeiture law in Illinois is rather complicated. If you or someone you care about has been charged with driving under the influence, you need someone to represent your interests. The penalties for this type of offense can be very strict, including seizure and forfeiture of the vehicle as well as jail time and expensive fines. The Michael J Diaz Law Firm has extensive experience in these types of cases. We’ve been helping Alton IL area defendants with DUI cases for more than 30 years. Call us today to schedule a free consultation.

Timeline After Getting A Speeding Ticket

As hard as most people try to drive safely, it’s not easy to remember to do that all the time. Many people have a lot of trouble with speeding in particular. If you’ve recently got a speeding ticket in Clinton County, IL, here’s what you can expect next.

Fines

The most basic punishment for a speeding ticket is a fine. When you get your first speeding ticket, this fine isn’t likely to be very large. However, as you rack up speeding tickets or the severity of the ticket increases, those fines become larger.

When you do receive a fine, you can ask about having it reduced if you haven’t had a ticket before. Either way, you need to pay it off by the posted payment date.

Your Driving Record

One of the worst parts about being caught exceeding the speed limit is the effect it has on your driving record. When you have a lot of speeding tickets on your record, your insurance rates can go up, and you may even have your driver’s license suspended.

The good news about speeding tickets and your driving record is that they will eventually be removed from your record. Once you’ve shown a solid history of not going over the speed limit again, you’ll eventually see your insurance rates return to normal.

Case by Case

An important thing to remember when it comes to speeding is the fact that the penalty is primarily determined on a case-by-case basis. While you’re unlikely to get in serious trouble for your first speeding ticket, that may not be the case if you’re doubling the speed limit in a school zone. It’s important to understand that you may have to pay a more substantial fine or face a larger driving penalty for severe speed limit violations.

In some states, going over a certain speed is actually a felony. Not only is it important to manage your speed to keep yourself out of trouble, but it’s also the best way to make sure other drivers are safe.

A Helping Hand

Getting a ticket is no fun, especially if it comes with a hefty fine or a suspended license. The good news is, you have options when it comes to fighting those tickets. If you’ve recently received a speeding ticket in Carlyle Lake, IL, the law offices of Michael J. Diaz can help you get everything sorted out and reduce your penalty.

License To Work Act in Alton Illinois

In the state of Illinois, legislators passed the “License to Work Act.” To sum it up quickly, it does not allow your license to be taken away permanently for failure to pay for non-moving violations. Motorists who have no other way to get to work but to drive are at a distinct advantage because the law took away their ability to operate a motor vehicle formerly. Seeing how detrimental that could be to the population of citizens in cities such as Alton, IL, the law was changed.

The Importance of Reliable Transportation to Keep a Job

One question that most employers ask people when they’re interviewing for a job is if they have access to reliable transportation. Individuals with their own vehicles often reply, “Yes,” because they have a car that can get them back and forth to work. Without the ability to drive due to a suspended license, many people cannot keep the jobs they need to provide them with the income to survive.

Considering what a negative impact license suspension due to non-payment of fines and fees was, legislators came up with the “License to Work Act” to protect Illinois citizens who, for one reason or another, had difficulty paying parking tickets, toll fees, and money being charged to them by the Illinois Commerce Commission. Retaining their right to drive makes the likelihood of them keeping the jobs that they have higher because it doesn’t pose transportation problems for workers.

Many individuals who had their driving rights taken away in the past will now get their licenses back thanks to the “License to Work Act.” Having the freedom to drive once again gives them a lot of advantages. One, in particular, is maintaining a job that provides them with a steady stream of income so they can one day pay what they owe for fines and fees.

Driving Rights in Alton, IL

Learn all that you can about new laws involving license suspension. You no longer will lose your driving privileges due to unpaid parking tickets, tollway violations, or money due to the Illinois Commerce Commission. Furthermore, if you had your license suspended in the past due to the issues mentioned above, you’ll have your driving privileges restored in most cases.

The Law Offices of Michael J. Diaz can help you better understand the new state laws in Alton, IL. If you have any doubts about the suspended license sentencing you received, contact us. We’ll go over traffic laws and license suspension with you, so you better understand your rights as a driver.

Can I Be Arrested for Speeding?

If you’re known to speed in Fayette County, IL, you may want to rethink your decision to break traffic laws. It can result in you being arrested and charged with an aggravated speeding violation. In addition to jail time, you’ll incur all sorts of penalties.

You could spend up to a year in jail and pay up to $2,500 in fees. Imagine how detrimental that can be for your life. Your family will do without you for 364 days if charged with the offense of driving 35 miles per hour above the speed limit.

Getting to know the laws in Illinois can help you avoid speeding and committing a crime. Considered a misdemeanor, you’ll not only face jail time but a sizeable fee, too. The charge won’t fall off your driving record for seven years, which could potentially affect your automobile insurance.

Err on the Side of Caution and Avoid the Financial Issues That Could Occur

The few minutes that you shave off your commute by speeding excessively isn’t worth the legal trouble you face. Not only will you tarnish your reputation, but you’ll also face legal consequences that could affect your job and finances, too. Think about how much you pay mentally and financially because of your poor decision.

Speeding in some states doesn’t carry such a harsh penalty. In the state of Illinois, however, it comes at a steep cost. Losing your job over an extended jail sentence is very detrimental to your finances.

So is paying a significant fine and having an increase in your auto insurance costs due to the speeding violation. Seven years is a very long time to deal with an offense on your driving record. It’s completely avoidable by resisting the temptation to speed no matter how big of a hurry you think you are in to get somewhere.

Learn More About Aggravated Speeding and Its Cost By Contacting a Lawyer

Learn more about the legal implications of aggravated speeding presents. Contact a lawyer for additional information concerning Fayette County, IL traffic law. You can avoid committing a crime by taking your time getting to where you need to go and not pushing the speed limit whatsoever.

The Law Offices of Michael J. Diaz can assist you with your case. We can also answer any questions you have about the law and the penalties you face for aggravated speeding. Contact us with your inquiry today so we can help you right away.

Texting & Driving – Cell Phone Law in the Highland, IL area!

Making sure you’re following the rules of the road is important, but that can be tough when new technology is constantly updating the law. If you’ve recently received a ticket for talking on your cell phone and driving in Highland, IL, this is what you need to know.

Cell Phone Law

Under Illinois state law, it’s illegal to talk on your cell phone while you’re driving. The same is true for texting. This is why it’s so important to know the traffic laws in your state.

While some states have exceptions for using your cell phone while you’re driving, chances are you’re going to receive a traffic violation if you’re using your phone while driving. If you’re above the age of 19, you are allowed to use a hands-free device for phone calls and sending and receiving text messages.

Texting & Driving – The Penalty

If you’re caught talking on your cell phone while driving, you’ll receive a cell phone ticket. However, you’re probably wondering what kind of fines and penalties come with that.

The first cell phone traffic violation has a maximum fine of $75, with fines of $100 for a second, $125 for a third, and $150 for a fourth offense. One important thing to remember is that these numbers are counting additional fees and costs, so you’ll be paying even more.

If using your phone while driving causes an accident, it goes beyond simple traffic laws. In a case like this, you’ll receive a much larger penalty.

Exceptions

While you’re not allowed to use a cell phone while driving under Illinois state law, there are exceptions to that rule. If you can prove that your case fits under one of these exceptions, you won’t receive a ticket.

For example, you’re allowed to use your cell phone in standstill traffic or when your vehicle is in the park or neutral. You’re also allowed to park on the shoulder of the highway and use your phone. Lastly, you’re allowed to use your cell phone in an emergency to contact an emergency assistance provider.

Fixing the Mess

Traffic violations are never fun, especially when they cost you a lot of money or your driver’s license. Lucky for you, you can fight your cell phone ticket and keep your driving record clean. If you feel you received a ticket, you shouldn’t have, contact the law offices of Michael J. Diaz today.

New Traffic Laws

If you want to avoid the backlash that occurs when you fail to pay for speeding tickets, you must familiarize yourself with state laws and traffic laws. Doing so provides you with a basis of understanding that helps protect your rights as a citizen of Alton, IL, and motorists. Paying penalties can be problematic for you, especially if you’re not prepared to do so financially.

Tickets take their toll on your driving record, which could cause your automobile insurance to rise in cost. To avoid being considered “high-risk,” it’s worth the time to consult a lawyer about state laws and traffic laws. Doing so could be advantageous because it protects your driver’s license from points.

Knowing State Laws and How They Apply to You as a Motorist is Imperative

You must understand the law at a local and state level so that you’re not in violation of it as the owner and operator of a motor vehicle. Things such as where to park and when, how to obey traffic signs and signals, and what to do in the event of an accident are all things you should consider. It helps you avoid breaking the law and having the courts penalize you in the process.

Most people possess a fundamental knowledge of traffic laws. They know that they must stop at a stop sign and give pedestrians the right of way. Past these very basic laws, they don’t know much, which is where they get into trouble. They could violate the law and not even know it.

Traffic laws are necessary to memorize even if you feel like you know a lot about them. What you believe to be true about the law can be incorrect. That’s why it’s so imperative for you to gain as much knowledge as you can from a legal professional right away.

Contact the Best Law Office in the City for Legal Advice

Getting to know New Alton, IL traffic laws puts you at a real advantage. It helps you fight speeding tickets that you know you weren’t at fault for when you received them. It helps prepare you for the penalties that are incurred for traffic violations, too.

Contacting the Law Offices of Michael J. Diaz is highly recommended. You’ll be able to speak to a skilled and knowledgeable attorney who can help make you more aware of state laws as well as traffic laws. As long as you are the owner and operator of a motor vehicle, this information benefits you.