Illinois Traffic Accident Violations Lawyer

Illinois Drivers Ticketed for Failure to Reduce Speed to Avoid an Accident

Traffic tickets for failure to reduce speed to avoid an accident are charged under section 11-601(a) of the Illinois Vehicle Code. That section requires that vehicles be driven at speeds that are not “greater than is reasonable and proper with regard to traffic conditions.”

Failure to reduce speed to avoid accident tickets probably are the most common accident-related traffic violations that are issued by police who respond to traffic collisions. Other commonly issued accident-related tickets include improper lane use, following too closely, and failure to yield.

If you have been charged with failure to reduce speed to avoid an accident, you have been charged with a moving violation. If you are placed on court supervision for or are convicted of this offense, the Clerk of the Circuit Court will notify the Secretary of State of that result. However, if you are neither convicted of nor placed on court supervision for this violation, and instead the ticket is dismissed, no disposition will be reported to the Secretary of State. As a result, no mention of the ticket will make its way to your driving record.

If the Secretary of State finds out that you have been repeatedly involved as a driver in traffic collisions, it is permitted to suspend or revoke your driver’s license. Your license also may be suspended or revoked if you are convicted of multiple moving violations within a certain period of time.

Attorney Matt Hoffman represents drivers who have been issued traffic tickets in accident cases that are handled in the Lake County and Cook County, Illinois courts. He is a former Illinois traffic court prosecutor with over 10 years' experience handling traffic violations. He routinely defends drivers facing accident tickets and other moving violations that can negatively impact their driving privileges. He offers a free consultation on every case.

Attorney Defending Illinois Leaving the Scene of an Accident Traffic Violations

Under Illinois law, drivers involved in accidents have certain duties to provide information. These duties differ depending on the type of accident involved. Generally, traffic accidents are categorized as those involving only property damage and those involving personal injury or death.

Accidents involving only property damage are further divided between those where the other vehicle is occupied or is unattended. Depending on the situation, drivers involved in traffic accidents are required to provide information, and in some cases are even required to render assistance and aid.

Situation #1: Property Damage Vehicle Collision, Other Vehicle Occupied

Under section 11-402 of the Illinois Vehicle Code, if a driver is involved in a collision with another occupied vehicle, before leaving the scene of the accident, that driver is required to provide the following information to the other motorist: his or her name, address, registration number, and the identity of who owns the driver’s vehicle.

Situation #2: Property Damage Vehicle Collision, Other Vehicle Not Occupied

If a driver is involved in an accident or collision with a vehicle that is not occupied, that driver still has a duty to provide information. Under the law, that driver is required to either locate and notify the owner or operator of the other vehicle of the driver’s name, address, registration number and the identity of who owns the driver’s vehicle or must leave “written notice” containing that information “on or in” the other vehicle. The driver also is required to notify the police of the accident and may be required to furnish additional information to the State.

(625 ILCS 5/11-402) (from Ch. 95 1/2, par. 11-402)

Sec. 11-402. Motor vehicle accident involving damage to vehicle.

(a) The driver of any vehicle involved in a motor vehicle accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such motor vehicle accident or as close thereto as possible, but shall forthwith return to and in every event shall remain at the scene of such motor vehicle accident until the requirements of Section 11 403 have been fulfilled. Every such stop shall be made without obstructing traffic more than is necessary. If a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes.

Any person failing to comply with this Section shall be guilty of a Class A misdemeanor.

(b) Upon conviction of a violation of this Section, the court shall make a finding as to whether the damage to a vehicle is in excess of $1,000, and in such case a statement of this finding shall be reported to the Secretary of State with the report of conviction as required by Section 6-204 of this Code. Upon receipt of such report of conviction and statement of finding that the damage to a vehicle is in excess of $1,000, the Secretary of State shall suspend the driver's license or any nonresident's driving privilege.

(c) If any peace officer or highway authority official finds (i) a vehicle standing upon a highway or toll highway in violation of a prohibition, limitation, or restriction on stopping, standing, or parking imposed under this Code or (ii) a disabled vehicle that obstructs the roadway of a highway or toll highway, the peace officer or highway authority official is authorized to move the vehicle or to require the operator of the vehicle to move the vehicle to the shoulder of the road, to a position where parking is permitted, or to public parking or storage premises. The removal may be performed by, or under the direction of, the peace officer or highway authority official or may be contracted for by local authorities. After the vehicle has been removed, the peace officer or highway authority official shall follow appropriate procedures, as provided in Section 4-203 of this Code.

(d) A towing service, its officers, and its employees are not liable for loss of or damages to any real or personal property that occurs as the result of the removal or towing of any vehicle under subsection (c), as provided in subsection (b) of Section 4-213.

(Source: P.A. 95-407, eff. 1-1-08.) See also, Sections 11-401, 11-403, 11-404, 11-406, 11-407 et al.

*NOTE: Although every effort is made to include the law in its current state, no representation is made that the law as stated on this website is current. Legislative changes may occur before those changes are reflected on this website. Additionally, laws and legal precedent other than those found on this website may apply to your particular case. For this reason, it is strongly recommended that before acting upon any content you view on this or any other website, you first consult competent legal counsel.

Disclaimer

Leaving the Scene of a Property Damage Accident is a Misdemeanor

If the police think a person has left or driven away from the scene of an accident without providing the required information, the police likely will charge that driver with “leaving the scene of an accident.”

The violation of leaving the scene of a property damage accident is a class A misdemeanor. It is punishable by fines of up to $2,500.00 and up to 364 days in jail. Also, if a driver is convicted of leaving the scene of a property damage accident in which damage to a vehicle was in excess of $1,000.00, the Secretary of State will suspend that person’s driver’s license for one full year.

Situation #3: Death or Personal Injury Accident

Drivers involved in accidents involving death or personal injury have certain other duties. These other duties are listed in section 11-403. The penalties for leaving the scene of traffic accidents that involved personal injuries or death can become very serious. Convictions for such violations are punishable as felonies. Any conviction for such a violation also will cause a person’s driver’s license to be revoked.

Lake & Cook County Illinois Lawyer Defending Drivers Ticketed for Accident Violations

Just because you have been charged with an accident violation does not mean you are automatically guilty. A traffic ticket is merely an allegation. Because of this, Matt knows that until you either plead guilty or are found guilty, you are presumed innocent of the charge.

Thus, in representing you in court, Matt will explore creative solutions for resolving your case, always with an emphasis on protecting your driving record. These solutions can include seeking the dismissal of the ticket, plea bargaining and negotiating for controlled results or lesser or amended charges, and even trial. Matt has over 10 years' experience as a trial lawyer.

Attorney Representing Clients Ticketed for Accident Violations in Lake & Cook County Illinois Courts

 of Matthew T. Hoffman P.C. represents clients charged with failure to reduce speed to avoid an accident, leaving the scene of an accident, and and all other Illinois accident-related moving violations at the following Lake and Cook County, Illinois traffic courts:

Park City


Traffic Court

Round Lake Bch


Traffic Court

Mundelein


Traffic Court

Waukegan


Traffic Court

Rolling Meadows


Traffic Court

Skokie


Traffic Court

There are many different police departments that forward traffic accident violations to the six local traffic courthouses in Northeastern Illinois for disposition. These courthouses include those located at Park City, Round Lake Beach, Mundelein, Waukegan, Rolling Meadows and Skokie. If you were ticketed for an accident violation within the jurisdiction of any of these six court venues, it is likely that you were cited by one of the following police departments. The Law Office of Matthew T. Hoffman P.C. defends clients charged with traffic violations issued by these and other area police agencies: