Dupage County Failure to Reduce Speed Lawyer

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625 ILCS 5/11-601 is the governing Illinois law that speaks about these types of tickets. These tickets are issued to drivers daily and are issued after some sort of an accident (car accidents for the most part) has occurred. These tickets are common tickets. These types of tickets will be issued to drivers if the officer believes that the driver was driving at a speed which is greater than is reasonable with regards to traffic conditions or endangers the safety of others or their property. Just because a driver was not speeding over the speed limit prior to the accident will not relieve the driver from liability for this ticket. In other words, not speeding over the speed limit is not a defense to a failure to reduce speed to avoid an accident ticket. A DuPage County Failure to Reduce Speed Lawyer at our firm will discuss with you as to what this ticket means. 

Of course, you may have some defenses to the failure to reduce speed ticket to avoid an accident ticket. This is especially true since this type of offense is broadly interpreted. Speaking with an experienced and knowledgeable traffic ticket attorney will assist you in formulating those defenses. Some defenses may be the following:

1. The driver was not at fault and was driving at a reasonable rate subject to the conditions around;

2. Speed was decreased to avoid a collision with another person or vehicle;

3. Misidentification of the driver; and

4. Driver tried to avoid the accident. 

Of course, there may be other types of defenses present and a consultation with the DuPage County Failure to Reduce Speed Lawyer at our firm will help you determine any additional defenses.

There are various types of penalties that will arise from a conviction from a failure to reduce speed to avoid an accident ticket. One, a conviction for this ticket counts as a moving violation and will appear on a driver's driving record. Moving violations counts towards points towards a possible driver's license suspension. Second, a conviction from this ticket will lead to increased car insurance rates. Third, driver's will be assessed monetary fines from a conviction for a failure to reduce speed to avoid an accident ticket. The maximum fine for this type of ticket is $1,000.00. Fourth, admitting guilty to such offense may be used against the driver in a subsequent civil action. For example, if the other driver was injured or had aquired property damage from the collision, then his/her attorney can use the admission of guilt against the driver in a civil suit should there be one. However, a plea of guilt is typically required for court supervision for this offense. As a DuPage County Failure to Reduce Speed to Avoid an Accident Attorney, The Traffic Defense Firm will be happy to discuss with you the penalties associates with this ticket.

It certainly could be confusing to a driver as to why the driver has received this ticket. As stated earlier, these tickets are routinely issued. This particular ticket can encompass many different instances and is generally a broad ticket. Ultimately, the reason a driver get's issued this ticket is due to the investigation of the officer. Typically, the issuing officer is not involved in the car collision nor is a witness to it. Once the accident is reported, the officer will arrive on the scene and investigate the scene. Investigation means interviewing all driver's involved in the collision and any potential eye witnesses. Also, the officer will examine the crash scene and take photos of damages. 

After interviewing and examining the scene, the officer will make a determination as to who is at fault for the accident and whether any other traffic violations have occurred. This could mean that Driver A can be issued a Failure to Reduce Speed to Avoid an Accident ticket while Driver B receives a no insurance ticket. Common examples of a driver receiving a failure to reduce speed ticket is when the driver has rear ended the car in front or collided with an oncoming vehicle while turning left. In these instances, the officer ultimately believes that the driver did not reduce speed to avoid the accident and will issue such ticket to that driver. The DuPage County Failure to Reduce Speed Ticket Attorney at our firm can help you navigate through the issuance of this ticket and assess whether you have been correctly issued the Failure to Reduce Speed to Avoid an Accident ticket. 

A possible dismissal for the ticket is certainly possible for those issued this ticket. Below are some ways a dismissal could occur:

1. Setting the matter for trial and no witnesses appearing to testify. If there are no witnesses to appear for the prosecutor to call on the stand for trial, then the matter will be dismissed for no complaining witnesses. However, this approach for dismissal should be handled with caution. If the other driver appears, then the prosecutor will be ready to proceed to trial. In that case, all previous offers can be revoked by the prosecutor. That means a previous offer of court supervision could be revoked. Additionally,  the other driver may not appear but an eye witness could. In this case, the prosecutor can still proceed to trial as the prosecutor can use the eye witnesse's testimony to prove the State or Village's case of a violation of the Failure to Reduce Speed law. 

2. Presenting facts to the prosecutor. A dismissal could also occur if evidence negating the guilt of the driver to this offense is presented to the prosecutor. For example, any evidence that the driver did reduce speed to avoid an accident (such as camera footage or other eye witness statements) can be presented to the prosecutor and the prosecutor at his/her discretion can dismiss the ticket.

If a dismissal is not likely, keeping this offense off one's driving record certainly can be. Court supervision may be offered by the prosecutor to the driver for a length of time to keep this offense off the driver's driving record. The prosecutor will certainly want to view the crash report associated with the accident and look at the severity of the injury to the other driver before making any offers to dispose of the case. 

Call an experienced Dupage County Failure to Reduce Speed Lawyer at our firm for effective defense representation to your ticket.