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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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Kane County Criminal Defense LawyerDon’t let the media's portrayal of underage drinking and drug use fool you — it is dangerous and illegal. Although the thought of a wild high school party or a college freshman dorm room includes mental pictures of booze, marijuana or other illicit activity, the state of Illinois has a zero-tolerance policy for underage drinking, and this is for good reason. The drinking laws in the United States are set in place to ensure that underage minors do not injure themselves, or others, due to alcohol consumption. If an underage minor (under 21)  is caught drinking alcohol, the child, and his or her parents, may face severe penalties. 

Understanding the Zero Tolerance Law 

The state of Illinois enacted the Zero Tolerance Law for underage drinking in an effort to keep minor children and adolescents safe from the implications of consuming alcohol at a young age. There are a variety of reasons that the drinking age is set at 21. Underage drinking is prohibited due to:

  • Potential stunted brain development from consuming alcohol while the brain is still forming

  • Potential for developing alcoholism

  • Death or injuries from drinking and driving 

The Zero Tolerance Law clearly states that it is illegal to:

  • Consume, purchase or transport alcohol under the age of 21

  • Purchase or supply a minor under 21 with alcohol

  • Operate a motor vehicle with a BAC (blood alcohol concentration) above 0.00 under the age of 21

  • Allow underage children or teens to consume alcohol in your possession or on your property 

  • To transport alcohol in the passenger seat of a vehicle 

Criminal Penalties 

There are harsh penalties for both the underage drinker, parents or other adult parties included in the activities. Drinking underage in Illinois is a misdemeanor offense. This means that if a minor is found with a BAC above 0.00, he or she could be fined up to $500 or face jail time up to six months. 

If an underage minor (under 21) is found operating a vehicle with a BAC level above 0.00, he or she will have all driving privileges suspended. When a police officer has probable cause to pull over a driver, and the driver is a minor who has consumed alcohol, the officer will report the statement to the Secretary of State’s legal office to have the driver’s license suspended. A first offense will be met with a three-month suspension, and a second offense will be met with a one-year suspension. However, if the BAC is 0.08 (or 0.05 with additional evidence pointing to intoxication) the minor may be charged with a DUI

Parents knowingly allowing minors to consume alcohol in the home can be fined $500 or more and face potential felony charges if the drinking leads to significant injury or death. If an adult is found purchasing or supplying alcohol to an underage minor, they may face up to $2,500 in fines and a year-long prison sentence for their first offense. A second or subsequent offense may lead to fines up to $25,000 and a longer prison sentence. 

Contact an Elgin, Illinois Criminal Defense Lawyer

If you are accused of criminal charges for underage drinking or involvement in underage drinking, the The Law Office of Brian J. Mirandola may be able to help defend you. Our Elgin, Illinois underage drinking defense lawyer Brian J. Mirandola has years of experience defending those facing criminal charges. He also prosecuted underage drinking offenders for seven years as an Assistant State’s Attorney, so he has a unique understanding of the implications that underage drinking can have on an individual’s life. To schedule a free consultation with our office, call today at 847-488-0889

 

Source(s):

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2493&ChapterID=57

https://www.ilga.gov/legislation/ilcs/documents/062500050K11-501.8.htm

https://www.ilsos.gov/departments/drivers/traffic_safety/DUI/uselose.html

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Elgin Criminal Defense LawyerThe consequences for speeding can range from a pesky speeding ticket all the way to an arrest. Most drivers understand and respect the need for speed limits–to keep Illinois citizens safe. But how can drivers abide by the legal speed limit if there are no street signs posted? Although some roads post individual speed limits, there are overarching laws that all Illinois drivers should be aware of in case there are no posted limits.

Location Limits

It is the responsibility of drivers to follow driving laws, including the speed limit. When there are no street signs that can indicate how fast you are allowed to drive, the first step is to determine what type of road you are on. 

  • Interstate Highway — Illinois interstate highways have a maximum speed limit of 70 miles per hour. You can identify if you are on an interstate highway if the road goes across state lines to connect cities. 

  • Rural Interstate Highway — A rural interstate highway is an interstate located outside of an urban area with a population of 50,000 or more people. These highways have a speed limit of 65 miles per hour. 

  • Interstate Highway near a Major City — Similar to a rural interstate, an interstate near a major city, such as Chicago, has a speed limit of 55 miles per hour. 

  • Non-interstate Highway — Any non-interstate highway has a speed limit of 55 miles per hour.

  • Urban Area — Roads that go through urban areas including neighborhoods and suburbs have a speed limit of 30 miles per hour if there is no street sign posted with an alternate speed. 

I Received a Speeding Ticket But was Unaware of the Speed Limit 

There are many ways that the Illinois police enforce speeding laws within the state, and for safety purposes, these laws are taken very seriously. Many officers will use hand-held speeding devices on highways and roads. They can also use moving radar, laser speed measurement or photo speed enforcement to determine how fast a vehicle is moving. 

Speeding tickets that are 26 miles per hour or more over the speed limit is a Class B misdemeanor in Illinois and are typically faced with a fine and considered aggravated speeding. If the driver was going 35 miles per hour or more over the speed limit, this is considered a Class A misdemeanor. Both of these offenses can lead to an arrest. 

If you received a speeding ticket for going over the speed limit, it is in your best interest to hire a defense attorney to contest the charge. Getting speeding tickets or other traffic offenses can lead to points on your driver’s license that may negatively affect your ability to drive. It may even increase your car insurance payments. 

Speak to a Kane County Defense Attorney 

Here at The Law Office of Brian J. Mirandola, our Kane County defense attorney Brian J. Mirandola is experienced in contesting various different traffic violations from speeding tickets to texting and driving charges. We understand that traffic and speeding violations can quickly affect your life. We are available to meet with you for a free initial consultation to discuss your situation. Call us today at 847-488-0889 to schedule an appointment today. 

 

Source(s):

https://www.isp.illinois.gov/TrafficSafety/SpeedLimitEnforcement 

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Aurora Criminal Defense LawyerA DUI (driving under the influence) charge is a serious crime in Illinois. If you are pulled over and charged with a DUI, the consequences may change depending on your situation. For a first-time offender, a DUI is a class A misdemeanor, and you may be facing up to one year in prison with up to $2,500 in fines and a potential license suspension. However, if you are a recurring DUI offender in Illinois, your driver’s license may be suspended for an extended period of time or revoked completely. 

Legal Blood Alcohol Limit 

In the state of Illinois, a person is considered legally intoxicated when his or her blood alcohol level is 0.08 or higher. If a person is pulled over while driving, a police officer may test a driver’s level of intoxication a few ways:

  • Administering a blood alcohol test through a breathalyzer 

  • Field sobriety one-legged stand test 

  • The Horizontal Gaze Nystagmus (HGN) test for eye movement

  • Blood alcohol test (upon arrest)  

First-Time Suspension

A first-time DUI conviction will be faced with much lesser consequences than a recurring conviction. Depending on the level of intoxication and whether there was a minor child in the vehicle at the time of the DUI, the penalties may fluctuate. With a blood alcohol level of 0.16 or higher, there is a minimum fine of $500. If there was a minor in the car, the driver may face a minimum fine of $1,000 and six months of jail time. A maximum level of one year of jail time is set for a first-time DUI conviction. Typically, community service is required as well. For the first-time offense, a driver’s license may be suspended for up to one year. 


Reoccuring Suspension or Revocation 

After your first DUI offense, the consequences become more severe as the offender continues to drive under the influence of a substance. A second-time offense will have stricter penalties including heftier fines, longer potential jail time, and a three-year suspension of the driver’s license. There also may be a reinstatement fee to reapply to get a license back after it had been suspended. Recurrences for the third time may be faced with license revocation. This means that the license will be permanently taken away for a minimum of 10 years. Any DUI after a third-time offense will lead to a permanent lifetime revocation of a driving license. 

How Can a Lawyer Help Me?

If you are a first-time or second-time DUI offender looking for representation, a criminal defense attorney with experience in traffic violations may be able to provide you with a strong defense. There are a few ways that an attorney can defend against a DUI including lack of probable cause to pull over the driver or a faulty alcohol level test administration. For repeat offenders, an attorney may be able to represent you during a secretary of state hearing to reinstate your driver’s license after it has been revoked. 

Talk With a Kane County Defense Attorney 

Here at The Law Office of Brian J. Mirandola, our skilled Kane County defense attorney has experience representing DUI offenders. We understand that the nature of this offense as well as its consequences can be devastating, and attorney Brian J. Mirandola may be able to represent you in a defense. For a free initial consultation with us, call 847-488-0889 to discuss your DUI charge and license suspension or revocation. 

 

Source(s):

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501 

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Elgin Drug Crime Defense LawyerPrescription drug forgery in the state of Illinois is a felony under the Illinois Controlled Substances Act and can result in significant fines and jail time. Even if prescription drug forgery was your first offense, the ramifications are often severe. In the state of Illinois, those charged can face up to five years in the penitentiary and pay up to $200,000 in fines. If you are being charged with drug forgery, it is important to speak to a criminal defense attorney as soon as possible. 

What is Drug Forgery?

Prescription drug forgery can fall under several categories. Typically, this type of drug crime is done through physicians illegally altering an existing prescription or writing a new one that is improper. Drug forgery can also look like:

  • A patient using a doctor’s prescription notepad illegally to write a prescription 

  • A patient forging a doctor’s signature on a prescription

  • Altering the prescription written by a physician 

  • Impersonating a medical professional 

  • Creating or editing a prescription using a computer software program

The most common form of prescription forgery comes from a valid prescription pad from a physician, but it is signed or dated incorrectly or signed by someone other than the physician. Pharmacists are usually trained to be on the lookout for unusual handwriting, photocopied prescriptions or mismatched dates. 

It is common for this form of drug abuse to come from a legitimate drug prescription. Many times, people will suffer from a painful accident and be legally prescribed painkillers, such as Oxycontin, by their doctors. However, prescription drugs like Oxycontin have a high risk of addiction associated with extended use. Long-term prescription drug abuse may cause people to suffer from a debilitating addiction. People abusing prescription drugs are often addicted to the drug and/or distributing the drug to others. Distribution charges add another layer of legal consequences on top of prescription forgery. 

What are the Legal Consequences?

In the state of Illinois, a first-time offender who fraudulently wrote or altered a drug prescription may face up to $100,000 in fines and one to three years of jail time in a penitentiary. A second-time offender may be looking at five years of jail time and double the fines at $200,000. With illegally obtained drugs through fraudulent prescriptions, those charged may also face other connecting charges. For example, if a police officer caught someone with illegally obtained drugs, that person may be looking at a possession charge. Similarly, those with the intent to manufacture or distribute the drugs are liable for intent to traffic those drugs. 

Contact a Kane County Criminal Defense Attorney 

Prescription drug forgery, possession, and distribution crimes are serious charges in the state of Illinois. At The Law Office of Brian J. Mirandola, our criminal defense attorney Brian J. Mirandola is equipped with the knowledge and experience to help you understand your case and craft a legal defense. For a free initial consultation, call us at 847-488-0889

 

Source(s):

https://www.iwu.edu/counseling/Illinois_Drug_Laws.htm 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K406 

https://www.ojp.gov/ncjrs/virtual-library/abstracts/prescription-forgery-pharmacists-role 

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Avvo Illinois State Bar Association Kane COunty Bar Association
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