Traffic Division

This section contains helpful information to assist persons who have received traffic tickets in Cook County. Explanations on traffic court procedures and policies, the rights of all persons in traffic violations cases and possible penalties for traffic violations are presented. Other important topics covered include reinstating driving privileges in DUI cases and in other instances.

PLEASE NOTE:

This section DOES NOT contain information on tickets issued for parking violations, red light camera violations, vehicle impoundment and most vehicle equipment violations. To adjudicate cases related to those violations, many municipalities have established administrative hearing programs such as the City of Chicago's Department of Administrative Hearings. If you receive a citation or violation notice for these types of violations, you are urged to read the instructions accompanying the notice before assuming you must come to traffic court to resolve the matter. The rights, procedures and policies in those cases are substantially different from those that apply in traffic court.

The judges of the Circuit Court of Cook County encourage all drivers to: 

• ALWAYS BUCKLE UP
• RESTRAIN ALL INFANTS AND CHILDREN
• REMIND ALL PASSENGERS TO BUCKLE UP
• DRIVE SOBER AND AWAKE
• OBEY SPEED LIMITS
• DRIVE DEFENSIVELY
• YIELD TO EMERGENCY VEHICLES

The Illinois Supreme Court has divided all traffic violations (other than parking) into two categories. The difference is simply that some violations can be settled without a court appearance while the remainder require attendance at court.

The issuing police officer will designate on the ticket how you must respond to settle the violation. Check your ticket carefully. The ticket will state that either you:

• Must mail or log onto www.cookcountyclerkofcourt.org 
• Must appear in court 

The distinction between which violations require a court appearance and which do not is found in Supreme Court Rule 551.

For example, persons must appear in court if charged with the following:

• a Class A or Class B misdemeanor 
• any violation where the minimum fine is greater than $95.00 (except truck overweight cases)
• any violation resulting in death or personal injury to someone other than the ticketed driver
• violation of the Child Passenger Safety Act
• driving under the influence (DUI) 
• driving on a suspended or revoked license
• speeding 26 mph or more in excess of the limit
• drag racing
• reckless driving
• leaving the scene of a property damage accident
• speeding in a construction zone
• operating an uninsured motor vehicle
• fleeing or attempting to elude the police
• driving a commercial vehicle while license is suspended, revoked or driver has been placed out of service

The following rights are applicable to defendants in all traffic cases:

• Right to know the charge
• Right to know the penalty
• Right to an attorney
• Right to a jury trial 
• Right of confrontation
• Right to remain silent
• Right to an appeal

The Clerk of the Circuit Court is required by law to report convictions for most violations to the Illinois Secretary of State. These may affect an individual's privilege to drive a car. The Illinois Secretary of State upon receipt of a notice of conviction for certain offenses is required to revoke a person's driving privileges. In some instances a conviction grants the Illinois Secretary of State discretion to suspend driving privileges. Different rules apply to drivers under age 21 and commercial driver's license operators.

The following is a summary of actions the Illinois Secretary of State can take upon receipt of a report of conviction from the Clerk of the Circuit Court.

These are not complete lists of all violations which will result in a license revocation or suspension. Full information can be obtained from the Illinois Secretary of State.

• Mandatory Revocation
• Discretionary Suspension
• Drivers Under Age 21