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Posted on in DUI

Kane County DUI defense lawyerMemorial Day weekend traditionally signals the beginning of summer. With warmer weather coming, more people will enjoy time out with friends, attend barbecues, and enjoy a few drinks at a local bar or restaurant. At the same time, Illinois police will be out in numbers looking for drunk drivers. If you have been pulled over under suspicion of driving under the influence, there are certain things you should and should not do.

What Not to Do When Pulled Over on Suspicion of DUI

  • Don’t become combative or defensive – Remain polite and civil to the officer and do not express any anger or frustration at being pulled over.
  • Don’t volunteer any information – Beyond providing your license, vehicle registration, and other basic information, you do not need to volunteer any additional information about where you were or what you were doing. Remain polite, but avoid self-incrimination. You should not lie; just respectfully state that you won’t answer any questions until you have spoken with a lawyer.
  • Don’t submit to field sobriety tests – These tests may show that you are intoxicated, but there is also a chance that they will be inaccurate or will be administered incorrectly. An officer can take your refusal as proof that you are under the influence and can arrest you. However, you have a better chance of beating the charges without the potentially flawed field test results.

What to Do When Pulled Over on Suspicion of DUI

  • Obey all instructions from the officer – This includes pulling over promptly and safely, avoiding any potential traffic violations, and also providing the officer with the required documents and information.
  • Remain calm – Officers are looking for physical and emotional responses as cues for potential impairment. Now is not the time to show your frustration.
  • Call a DUI attorney – To collect all information about your arrest and organize your defense and it is best to call an experienced lawyer as soon as possible.

Consult a Kane County DUI Defense Lawyer

If you have been arrested on suspicion of DUI, you need an attorney who can craft a strong defense. The penalties for a conviction are harsh and can impact your life and your family for years to come. The Elgin DUI attorneys at The Law Office of Brian J. Mirandola can provide you with the representation you need. Being arrested does not mean you will be convicted. Do not hesitate to call us at 847-488-0889 for a free consultation.

 

Source:

https://www.ilsos.gov/publications/motorist/dui.htm

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Kane County Record Sealing LawyerEveryone has made mistakes they wish they could erase, but if you have a criminal past, it could have a daily impact on your life. From finding a job to buying a house, you could be paying for your mistake for the rest of your life. However, in the state of Illinois there is a way to have certain arrests and criminal charges expunged from your record or have your record sealed to allow you the opportunity to move forward and earn additional freedoms back. While some criminal charges will always stay on your record, by contacting an experienced expungement lawyer, you can help determine if your arrest can be expunged or your records sealed

What an Expungement or Sealed Record Can Do for You

Having a criminal record could impact your employment opportunities, access to housing and bank loans, admission to higher education, and your ability to own a firearm. The qualifications for expungement in Illinois are determined by the specifics of the case, including the type of crime you were arrested or charged with, the details of the case, and how long ago the incident occurred. Generally, people without prior convictions or when charges were later dropped, dismissed, or you were convicted but sentenced to supervision may be eligible for expungement. 

For charges that cannot be expunged, you may apply to have your criminal record sealed. This does not delete the record, but it does limit viewing of the record to law enforcement unless ordered to be reopened by a court order. The general public, including potential employers, enrollment offices, and landlords will no longer be able to view it, opening up your future to greater opportunities. Immigration officials will still be able to see your record, even if it is expunged or sealed, so if you are applying for immigration benefits, you must reveal any arrests. If you were arrested, charged or convicted in multiple counties, you must address the records in each county individually. 

Contact a Kane County Expungement Attorney

By taking advantage of the opportunities afforded by expungement or sealing your criminal record, you can regain certain freedoms that you may have felt you lost forever. If you would like to pursue expungement or sealing of your criminal record, you need to contact an Elgin criminal defense attorney at The Law Office of Brian J. Mirandola. We will review your case, discuss your options, and if you are eligible, fight to give you back your future. Call 847-488-0889 today for a free consultation. 

 

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=002026300K5.2

https://www.illinoislegalaid.org/legal-information/criminal-offenses-can-be-expunged-or-sealed

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Elgin traffic violations lawyerWith warmer weather finally coming to Illinois, motorcyclists will be out and ready to ride. If you ride to and from work or just like to hit the road on the weekends, safety is key for enjoying your ride. Committing traffic violations while riding your motorcycle can put you and others at physical risk and also can lead to traffic citations and in more serious cases license suspension and criminal charges. If you are facing any charges related to riding your motorcycle or from operating any motor vehicle, it is important to contact an attorney who will fight to protect your rights.

Behaviors to Avoid While Riding

There are countless ways in which you could violate the law while riding your motorcycle. Here are just a few of the most common and the most dangerous:

  • Speeding - The most common violation for motorcycles as well as other vehicles is speeding. Speeding can lead to crashes directly through loss of control of the motorcycle or indirectly by causing your motorcycle or other vehicles to swerve out of the way. More serious speeding charges, known as aggravated speeding, can result in Class B or Class A misdemeanor charges if you are caught going 26 miles per hour or higher above the posted speed limit. 
  • Reckless Driving - There are a variety of violations that can result in being charged with reckless driving, including running a red light or a stop sign, improper lane usage such as weaving between lanes, racing other vehicles including other motorcycles, or texting or using another device while driving. Recklessly operating a motorcycle can lead to Class A misdemeanor charges. 
  • Driving Under the Influence (DUI) - If you are charged with DUI while operating your motorcycle, you are facing serious consequences to not only your license, but also your freedom.  Your license could be suspended, and depending on the severity of the charge and whether you have had prior offenses, you could face stiff fines as well as jail time. You will also have to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on any vehicle you operate during your license suspension. 

It is exciting to be able to ride a motorcycle in nice weather once again. If you get too excited and are facing a traffic citation or traffic charges due to your riding, we will be here to represent you. 

Contact a Kane County Traffic Offense Lawyer

If you are facing charges from your conduct on a motorcycle or any other motor vehicle, contact an experienced Elgin traffic violation attorney at The Law Office of Brian J. Mirandola. I will use my experience to fight traffic tickets and traffic violations to obtain a favorable result. Call the office today at 847-488-0889 for a free consultation. 

 

Source:

https://www.ilsos.gov/publications/pdf_publications/dsd_dc19.pdf

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Posted on in BAIID

Kane County DUI defense attorneyIf you have been arrested for driving under the influence (DUI) in Illinois, you are facing serious consequences, including to your driving privileges. While even a first-time DUI conviction will result in your license being suspended for at least one year, it is possible to regain limited legal access to drive. It is essential to work with an attorney who has experience needed to help you navigate the legal process. 

Illinois Consequences for a First-Time DUI

If it is the first time that you have been arrested and convicted of DUI, you may be able to regain driving privileges while your license is suspended through a Monitoring Device Driving Permit (MDDP). You will be required to install a breath alcohol ignition interlock device (BAIID) on any vehicle which you drive. Before you drive, you must blow into the device to test if there is any alcohol in your breath. The device will also take a picture to confirm that you are the one who is using the device. If you are below the legal limit for alcohol, you will be able to start the vehicle. Under a MDDP, there is no restriction on when and where you can drive, as long as you have tested negative for alcohol with the BAIID. Without a MDDP, you may not drive while your license is suspended. 

Further Restrictions for Additional DUIs

You are not eligible for a MDDP if you have two or more DUI convictions. However, you may be able to receive a Restricted Driving Permit (RDP), which would allow you to drive to and from work, necessary errands including driving children to and from school, and other necessary purposes. You will have to use the BAIID for five years and also receive an alcohol or drug evaluation. This may lead to a mandated enrollment in a substance abuse treatment program. 

A BAIID is mandated:  

  • If you have an RDP after two or more DUIs or reckless homicide convictions.
  • If you have an RDP with one DUI or reckless homicide and a Statutory Summary Suspension 
  • If you have two or more DUIs, which will result in a revoked license.

Contact a Kane County DUI Defense Lawyer

If you are facing charges for DUI, the experienced Aurora criminal defense attorney at The Law Office of Brian J. Mirandola will represent you, help to fight the charges, and work to get you driving legally again. Call us today at 847-488-0889 to arrange your free consultation. 

 

Sources:

https://www.ilsos.gov/departments/BAIID/baiid.html

https://www.ilsos.gov/publications/pdf_publications/dsd_a118.pdf

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Kane County underage DUI defense lawyerGraduation parties and other events at the end of the school year can be a popular time for underage drinking. Many minors and even parents are unaware of the severe consequences Illinois teens face if they are caught underage drinking or possessing alcohol. Penalties for underage driving under the influence (DUI) can be even harsher. Even passengers in a car can be charged for illegal transportation and have their license suspended for one year. At The Law Office of Brian J. Mirandola, we can represent your child if they have been accused of underage drinking and are committed to keeping the offense off their record.

Underage Drinking Basics

In Illinois and nationwide, it is against the law for anyone under 21 years old to purchase, receive, or consume alcohol. Underage drinkers face various severe penalties, including fines and jail time, depending on the circumstances of the case. This includes using a fake ID to buy alcohol. Violating these alcohol-related laws could lead to Class A misdemeanor charges.

Driving Under the Influence Under Age 21

Under Illinois law, there is a zero-tolerance policy for underage drinking and driving. If an underage person is caught driving with any alcohol in their system, their license will be suspended for up to three months. After completing a remedial driver's education course, they will need to retake the driver’s license test to get their driving privileges back. With a Blood Alcohol Content (BAC) of greater than 0.08 percent, they can face all the punishments associated with a DUI in Illinois, as well as a 2-year driver’s license suspension. In Illinois, DUI is punishable by up to a year in jail and a maximum fine of $2,500. These penalties are elevated significantly if a passenger under age 16 was in the car or the driver caused an accident where someone is injured.

Consequences for Underage Passengers

It is against the law for any person, regardless of age, to transport alcohol in the passenger area of a vehicle in Illinois. If your underage child is caught in a vehicle with alcohol, any occupant can face charges for illegal transportation plus a driver’s license suspension of up to one year. After a first conviction, all subsequent alcohol-related offenses, including underage drinking, illegal transport, or DUI, carry higher penalties and are punished even more harshly. It is best to have a frank discussion with your underage child about the consequences of underage drinking and the impact it can have on their current life and their future.

Contact an Elgin Criminal Defense Lawyer

If your child has been charged with underage drinking, DUI, or other alcohol-related offenses, contact an experienced Kane County underage drinking defense attorney at The Law Office of Brian J. Mirandola. We will discuss your options and fight to keep a lapse in judgment off of your child’s record. Call 847-488-0889 today for a free consultation.  

 

Sources:

https://www2.illinois.gov/ilcc/Education/Pages/Under21Laws.aspx

https://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/uselose.html

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