Illinois Traffic Violations
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Table of Contents
Traffic violations are offenses a person commits while operating a motor vehicle. In Illinois, violations range from petty infractions to offenses committed by businesses or professionals (this includes speeding or violating traffic signs). Also, it may include misdemeanor traffic crimes such as reckless driving. Certain felonies, such as those involving harm or extreme risk (aggravated DUI or certain leaving-the-scene offenses) are also categorized as traffic violations.
This framework is important as it helps to understand the legal (risk of conviction, license suspension, or revocation) consequences. It imposes financial obligations (fines, fees, and insurance impacts) on offenders.
Traffic violators may also be required to undertake a driving course for or to promote road safety. Most traffic rules in the state are derived from the Illinois Vehicle Code (625 ILCS 5/) and are administered by the Illinois Secretary of State (SOS).
What Is Considered a Traffic Violation in Illinois?
In Illinois, a traffic violation is any contravention of the Illinois Vehicle Code. It covers the rules of the road, vehicle licensing and insurance requirements. Petty offenses often include common infractions such as speeding and ignoring traffic signs, while dangerous conduct is classified as a criminal offense.
Reckless driving is classified as a Class A misdemeanor (with specified felony enhancements). A driver may be charged with a DUI offense when they are impaired or have a BAC ≥ 0.08 (with multiple aggravating factors that may increase penalties).
Illinois also prohibits the use of handheld electronic devices while driving. The law sets escalating fines for repeat offenses, and as of 2019, a handheld or texting conviction is treated as a moving violation, which appears on the driver’s history.
Types of Traffic Violations in Illinois
The following are the common types of traffic violations in Illinois:
- Speeding and disobeying traffic signals or stop signs. They violate the rules of the road and are classified as petty offenses.
- Driving without a valid license or driving while suspended/revoked. This attracts legal consequences, which depend on the driver's license status.
- Driving without insurance. Vehicle owners are required to maintain liability coverage and present proof of insurance to law enforcement upon request.
- Reckless driving. This is the willful or wanton disregard for the safety of individuals and property. It is categorized as a Class A misdemeanor, and higher penalties may apply depending on specific circumstances.
- Hit-and-run or leaving the scene. It may amount to property damage (§ 11-402), injury, or death (§ 11-401). If it results in injury or death, it may trigger harsher penalties.
- Failure to yield or right-of-way and related maneuvers. They are charged as moving violations, including improper lane changes.
- Distracted driving or handheld device. An offender is subject under Illinois law § 12-610.2 to pay escalating fines for repeat offenses. If it occurs in school or work zones, enhanced penalties may apply.
Traffic Violation Penalties in Illinois
Traffic offenses in Illinois come with specific penalties and enforcement strategies designed to uphold driving laws:
Points, supervision, and suspensions (Secretary of State)
Illinois suspends driver's licenses based on traffic points resulting from convictions. For most drivers aged 21 and above, a third moving violation conviction within any 12-month period triggers a suspension.
On the other hand, drivers under the age of 21 with a two-time conviction occurring within a period of 24 months risk license suspension. The total points from those convictions determine how long the suspension lasts (the higher the points, the longer the suspensions tend to be).
Under 730 ILCS 5/5-6-3.1, Illinois courts grant court supervision for eligible traffic cases. Supervision is a non-conviction method that requires compliance with certain conditions. This often includes completing traffic safety school and avoiding new violations during the supervision period.
In contrast, if you pay a ticket without supervision, it results in a conviction that triggers action by the Secretary of State.
Fines, jail exposure, and special regimes
- Reckless driving: According to Illinois law § 11-503, a convict may be guilty of a Class A misdemeanor or felony if protected individuals or certain injuries are involved.
- DUI: Per § 11-501, penalties may escalate with aggravating factors and prior offenses. Also, both administrative and criminal sanctions may be applied consecutively for the same misconduct.
- Handheld device: As outlined in § 12-610.2, a statutory fine of $75 applies for the first offense and $100, $125, and $150 for subsequent offenses. As of 2019, these offenses are considered moving violations and may show up on the driver’s history.
- Insurance requirements: Motorists are required to have valid liability insurance and present acceptable proof upon request; violations may trigger sanctions.
Each new conviction is recorded on the SOS driving record system, and drivers aged 21 and over with three convictions within 12 months may have their license suspended. Drivers under the age of 21 with a two-time conviction within 24 months are at risk of license suspension, and the point total from those convictions determines the length of suspension.
How to Search for Traffic-Violation Records in Illinois
There are two methods that are applicable when searching traffic violations in Illinois:
- Your driver record (SOS “Driving Record Abstract”). Individuals may request their driving record online from the website of the Illinois Secretary of State (Public or Court Purposes abstract). Online abstracts cost $21 ($20 plus a $1 processing fee) and may be reprinted five days after purchase.
- Your ticket or case in the circuit court. A ticket is filed in a county’s Circuit Court, and many counties provide online lookup either through their Circuit Court Clerk’s portal or via the Judici.com portal (includes a number of participating courts).
Abstracts show personal identifiers, license status, convictions, supervisions, and suspension or revocation actions. Interested persons may obtain certified copies of abstracts upon request.
The public may search pleas and dockets by citation number or name and date of birth; also, they may pay eligible traffic tickets via the Judici portal. Dockets typically list the statutory charge, hearing dates, disposition, and financials; certified copies are issued by the clerk.
How Long Do Traffic Violations Stay on Record in Illinois?
In Illinois, a traffic violation remains on a driving record depending on two timeline factors:
- SOS driving record visibility. In Illinois, the SOS retains a moving violation conviction on a driver’s record for 4 to 5 years. DUI convictions are permanent on the driving record. Practitioner and county guidance note that violations connected to suspensions/revocations may remain visible for longer periods (often at least seven years after reinstatement).
- Insurance/employment effects. Insurers look at the last three to five years of an individual’s driving history. Serious offenses (DUI, reckless driving, leaving the scene) often affect a person’s insurance rates and job prospects much longer than minor violations. (See SOS DUI Fact Book for statutory collateral effects.)
Illinois does not “erase” convictions from the SOS driver abstract following the completion of a traffic improvement program. Rather, court supervision may help to avoid a conviction if it is completed successfully but is recorded on your SOS abstract.
Sealing or expungement is governed by separate statutes and in general does not alter your SOS administrative driving history unless under specific legal authority.