DuPage County Railroad Crossing Violation Defense Lawyer

Failure to Obey Train Crossing Signals Defense Attorney for Elmhurst, Hinsdale, and Wheaton

Illinois has over 10,000 at-grade railroad-highway intersections. Each year, the state sees over 100 railroad crossing collisions, resulting in about 25 fatalities.

These concerning statistics led the state to double the fines for drivers who disregard activated railroad gates and lights, effective Jan. 1, 2017, to $500 (or 25 hours of community service) for a first offense. The penalty for a second or subsequent offense is a fine of $1,000 plus the suspension of driving privileges for a minimum of six months, at the discretion of the Secretary of State (625 ILCS 5/11-1201).

You can be ticketed not just for driving around a closed gate, but also for starting across the tracks any time after the warning lights have been activated. Under Illinois law, you must stop your car as soon as the crossing lights begin flashing and/or the gates begin to close. You may not proceed across the tracks until the lights stop flashing and the gate is completely raised.

At Kathryn L. Harry & Associates, P.C., we understand how frustrating it can be to get stuck waiting for a long freight train to pass. You may have already been too close to the tracks to stop when the warning lights started to flash, but you got a ticket anyway. If you wish to fight this ticket and keep a moving violation off your driving record, our attorneys will go the distance to build the strongest possible case and advocate forcefully for you in court.

Fighting a Ticket for Disobeying Railroad Crossing Signals

There are a number of ways to fight a ticket for a railroad crossing offense.

Your attorney may be able to negotiate a deal for you prior to your scheduled court date, saving you the hassle of taking time off work to appear in court. One option is to plead the charge down to trespassing on railroad property, which has a lower fine and is a non-moving violation.

Another option is to plead not guilty. You and your attorney would then appear in court on your designated court date. The officer who ticketed you may not show up, or may not be able to recall the incident, in which case the charges could be dismissed. If the officer is available and prepared to testify, there are a number of issues that might be raised in your defense. For example, you might testify that the officer was not positioned in a location where he could see exactly where your car was when the lights started flashing, and that the front of your car had already passed the safest stopping location in front of the gates when the lights started flashing.

A DuPage County Traffic Violations Defense Lawyer Can Help

If you have been ticketed for a railroad crossing violation and want to fight the ticket in court, you will need the assistance of an experienced DuPage County defense lawyer. The attorneys at Kathryn L. Harry & Associates, P.C. have decades of experience in defending clients charged with violations of Illinois traffic laws and they are ready to advocate for you. For a free initial consultation, call 630-472-9700. Serving DuPage County, including Oak Brook, Lombard, Elmhurst, Hinsdale, Downers Grove, Addison, Wheaton, and Westmont.