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Kane County license suspension lawyerWhen you get behind the wheel of a car or truck on Illinois roadways, you have certain rights, but you also assume certain responsibilities. While you may not be able to control the actions of other drivers, you have the responsibility to operate your vehicle in a manner that promotes safety to both other individuals and the public at large. Safe driving means that, among other considerations, you are not impaired by alcohol, drugs, or other substances. With that in mind, Illinois law maintains that by exercising your driving privileges, you are granting implied consent to blood-alcohol content (BAC) testing if you are ever arrested on suspicion of driving under the influence. If you are asked to submit to a BAC test including breathalyzer testing, following a DUI arrest, refusing to cooperate will cost you your driving privileges.

Separate From Criminal Prosecution

Technically, refusing a BAC test is not a crime, but that does not mean you cannot be punished. Based upon the state’s implied consent laws, refusing a test subsequent to an arrest on suspicion of DUI is an administrative offense for which the penalties are imposed by the Secretary of State’s Office. Any administrative penalty is in addition to those that could result from eventual prosecution on charges of driving under the influence.

Statutory Summary Suspension

If you refuse to submit to BAC testing when you have been arrested for DUI, your driving privileges will be suspended for 12 months. A second or subsequent refusal will result in a three-year suspension. It is worth noting that the penalty for refusing a BAC test is substantially more severe than for failing one. A failed breathalyzer or other chemical test for BAC results in a six-month suspension for a first offense and a one-year suspension for a second or subsequent offense.

DUI Conviction Still Possible

Some drivers may believe—in the moment, at least—that if they refuse a BAC test, prosecutors will not have enough evidence to secure a conviction on DUI charges. While blood-alcohol content is a standard that can be easily quantified, it is far from the only factors that can lead to a DUI conviction. Other signs of impairment include slurred speech, careless driving, inability to maintain focus, and the presence of alcohol on a driver’s breath. It is also important to remember that your refusal to comply with testing can be presented as evidence against you as your case moves along.

Get Help Today

While a statutory summary suspension is automatically imposed, the suspension may be overturned in certain situations. Doing so requires the assistance of an experienced Kane County driver’s license suspension lawyer. Contact the The Law Offices of Brian J. Mirandola to schedule your complimentary consultation today. Call 847-488-0889 and let us show you how we can help you protect your future.

 

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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Kane County license suspension attorneyFor many years, safety groups and even cell phone carriers themselves have been reminding drivers to put their phones down while behind the wheel. The public, it seems, is not heeding the warnings. Thanks to a recently-passed law, however, Illinois drivers who insist on using their cell phones illegally could ultimately have their driving privileges suspended, even for a first offense. If you have trouble with cell phone distractions while driving, it is important to know how your life could be affected.

Dismal Numbers

A recent survey conducted by State Farm suggests that attitudes regarding cell phone use while driving are quite casual and, in many cases, downright dangerous. More than 80 percent of the survey’s respondents acknowledged that talking on a hand-held phone while driving was dangerous, but half admitted to using a hand-held cell phone behind the wheel. A full 95 percent of participants said that texting while driving was distracting, but 35 percent text anyway.

In Illinois, it is illegal to use an electronic device such as a cell phone to send or receive messages or to browse the internet while driving. It is also illegal to talk on a cell phone without a hands-free device. The current penalty for a first-time offense is a $75 fine, and the offense is considered to be a non-moving violation, which means it does not go on the offender’s driving record. Repeat offenses are considered moving violations.

A New Approach

Last month, Illinois Governor Bruce Rauner signed a measure that reclassifies first-time electronic device offenses as moving violations. The new law will go into effect on July 1, 2019. As a moving violation, a first-time offense for the illegal use of an electronic device could trigger a license suspension.

Under Illinois law, any driver convicted of three moving violations within a 12-month period will face an automatic suspension of their driving privileges. Drivers under the age of 21 will have their licenses suspended for two moving violation convictions in a 24-month period. The length of the suspension depends on the seriousness of the offenses—represented by a certain number of “points” on the driver’s record. A suspension can range from two months to one year. In extreme cases, the suspension can even become a revocation.

Has Your License Been Suspended?

If you have had your driving privileges suspended due to moving violations, an experienced Kane County license reinstatement attorney can help you explore your options for getting back on the road. Call 847-488-0889 for a free consultation The Law Offices of Brian J. Mirandola today.

 

Sources:

https://newsroom.statefarm.com/8th-state-farm-distracted-driving-survey/

https://www.illinoispolicy.org/illinoisans-could-see-license-suspended-for-texting-while-driving-under-new-state-law-2/

http://www.ilga.gov/commission/jcar/admincode/092/09201040sections.html

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Kane County license reinstatement lawyerIf you have been charged with drunk driving, reckless driving, or any other moving violation that resulted in the suspension of your driver’s license, your day-to-day life was probably affected quite severely. Not only will a person whose driver’s license is suspended need to make alternative travel plans but also will need to begin the long process of driver’s license reinstatement. There are several things you should know about this process before you begin it, that can make it easier and progress more smoothly. The first is that it is much easier handled with the assistance of a qualified legal professional.

Bureaucracy and Fees

Even working with an attorney, driver’s license reinstatement is a costly process often means significant time spent wading through bureaucratic red tape. No matter the offense for which the license was suspended, the driver will first be subject to a $250 reinstatement fee paid to the Secretary of State. A portion of this—$30—goes to the Department of Health and Human Services to help cover the cost of alcohol and substance abuse programs for repeat driving offenders. If you are one of these repeat offenders, the fine is doubled to have your license reinstated; that is, if you have had your license suspended before, again, for any reason, not just alcohol-related charges, you will be subject to a $500 reinstatement fee. In this case, $60 of the fee is allocated for drunk and drugged driving prevention programs.

Evaluations and Treatment Programs

Just because a person has his or her license reinstated, however, does not mean that he or she is legally allowed to drive—particularly if the license was suspended due to a drunk or drugged driving incident. To have driving privileges reinstated is another process entirely. If a person is convicted of a drunk driving charge, he or she must first undergo an alcohol or drug evaluation before driving privileges will be reinstated. If a problem is indicated in this evaluation, the person will then need to submit proof that he or she is in a treatment program. Even if such a program is not required, the person will still need to complete an alcohol or drug remedial education program offered by the state. If the person is a repeat offender, he or she is subject to a $50 filing fee to have the license reinstated after undergoing these programs.

Speak With a Kane County Attorney

If you or someone you know has been subject to a license suspension, the most important step is to seek legal counsel. Contact an experienced Elgin license reinstatement attorney at The Law Offices of Brian J. Mirandola today. Call 847-488-0889 for a free, confidential consultation regarding your case.

 

Source:

https://www.cyberdriveillinois.com/departments/BAIID/reinstate.html

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Kane County driver's license reinstatement lawyerIt is a privilege to operate a motor vehicle on the streets and highways of Illinois. Because it is a privilege and not a right, the state has the authority to suspend or revoke a person’s driving privileges if that person commits certain offenses. In Illinois, this authority is maintained by the Secretary of State. If you currently hold an Illinois driver’s license, it is up to you know what types of infractions that could lead to you losing your ability to drive and how to get your driving privileges back.

Suspensions vs. Revocations

When your driver’s license is suspended, your ability to drive legally is taken away for a time. Most suspensions last up to one year, but there are cases in which a suspension may be longer. In some cases, your driving privileges may be suspended until you pay certain fines or meet other obligations. It is understood that you will generally have your driving privileges restored once the suspension is lifted. You will likely need to pay a reinstatement fee.

A revocation, by comparison, is much more serious and can last from one year to life. When your license is revoked, there are no guarantees that you will ever get your driving privileges back. Once the minimum period of revocation has elapsed, you can request a hearing through the Secretary of State’s office to reinstate your license. You will need to show that you are not a liability on the roadway, and you must pay a reinstatement fee.

Ways to Lose Your License

There are many offenses, crimes, or other infractions that could lead to the suspension or revocation of your driving privileges. The most common include:

  • Failing or refusing a chemical test when arrested for driving under the influence (DUI);
  • A conviction on DUI charges;
  • Three or more convictions of moving violations in a 12-month period;
  • Multiple unpaid parking violations;
  • Driving with a suspended, revoked, or invalid license;
  • Failure to appear in court for a traffic violation;
  • Failure to pay court-ordered child support;
  • Failure to pay fines or penalties ordered by the court;
  • Leaving the scene of an accident; and
  • Using, buying, selling, or making a fake ID.

If any one of these scenarios applies to you, your driving privileges may be in jeopardy. Losing your license could affect your ability to work, attend school, or provide for your family.

Call an Elgin License Reinstatement Lawyer

To learn more about license suspensions and revocations in Illinois, contact an experienced Kane County driver’s license reinstatement attorney. Call 847-488-0889 for a free consultation at The Law Office of Brian J. Mirandola today. We will review your available options and help you protect your future at every stage of the proceedings.

 

Sources:

ftp://www.ilga.gov/JCAR/AdminCode/092/092010400000320R.html

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_dc19.pdf

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Posted on in DUI

Kane County criminal defense attorney

If you have had your driving privileges suspended or revoked as the result of a conviction on charges of driving under the influence (DUI), your life can be greatly affected. You may struggle with keeping your job, continuing your education, and even caring for family members in need. Depending upon the circumstances of your case, however, you may be eligible for partial relief in the form of a Monitoring Device Driving Permit or a Restricted Driving Permit, either of which may allow you to resume some of your normal activities.

Monitoring Device Driving Permits

The state of Illinois offers two different forms of driving relief for those whose driving privileges have been suspended or revoked related to a DUI. The first is called a Monitoring Device Driving Permit, or MDDP, which is available for almost all first-time offenders during the period of statutory summary suspension for failing or refusing a chemical test for blood alcohol content. The MDDP allows a driver to operate a vehicle at any time, in any place, as long the vehicle is properly equipped with a Breath Alcohol Ignition Interlock Device (BAIID).

Restricted Driving Permits

During the period of revocation for a DUI conviction, a driver may be eligible to apply for a restricted driving permit, or RDP. An RDP is much more limited form of driving relief that only allows an approved driver to drive at specific times and in specific areas to get to work, school, alcohol education programs, or other approved activities. To be considered for an RDP, the driver must demonstrate that the revocation is causing a specific hardship and that other means of transportation are unavailable or inappropriate. He or she must also submit a current drug and alcohol evaluation, and relevant proof of treatment or remedial programs. The applicant must also appear for a hearing before an officer of the Secretary of State’s Department of Administrative Hearings. In many cases, especially for second or third DUI conviction, the driver will be required to continue using the BAIID as a condition of receiving the RDP.

Based on a driver’s individual needs and limitations, the RDP can be customized to only allow certain driving privileges. For example, a driver may be permitted to drive directly from home to work in the morning, and then from work to home in the evening. Any driving done outside of what is permitted by the RDP may result in additional penalties, including an increased period of revocation and the loss of the RDP.

If you have been charged with DUI, it is important to understand your options under the law. Contact an experienced Kane County criminal defense attorney today. At The Law Office of Brian J. Mirandola, we offer a free initial consultation so you can meet our team, ask questions, and get the guidance you need during a difficult time. Let us show you how we can help.

 

Sources:

https://www.cyberdriveillinois.com/departments/BAIID/rdp.html

ftp://www.ilga.gov/JCAR/AdminCode/092/092010010D04440R.html

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-206.1

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