The Law Office of Brian J. Mirandola

CALL FOR A FREE CONSULTATION

47 DuPage Court, Elgin, IL 60120

847-488-0889

IL defense lawyerFollowing the Illinois Rules of the Road can keep you from any fines, having your license revoked, and any further felony punishments. In doing so, you will also ensure your and others’ safety. As a driver, you have a responsibility to share the road properly with bicyclists, pedestrians, and horse-drawn vehicles. There are relatively new, specific laws that dictate how you are supposed to share the road, which we will explain in detail below. If you are ever charged with a traffic violation, defend your case and minimize any charges with the help of an experienced traffic violations attorney.

Illinois’ New Bike Laws

New laws that took effect in 2018 state that you must leave a “safe distance, but no less than three feet” when passing a bicycle or individual on the road. To help support this safe distance, the law allows drivers to pass in no-pass zones. A very common mistake is for drivers to feel too uncomfortable with crossing over the double yellow line, and they hardly leave enough room for the cyclist who they are overtaking. However, there is a catch. Passing cyclists is only legal if the cyclist is traveling at less than half of the posted speed limit. Also, if there is just too much traffic to prevent the guarantee that you will be able to create enough space between your vehicle and the bicycle, you should not take the chance. All of these rules apply to pedestrians and horse-drawn vehicles.

Failure to follow these laws will result in a traffic offense. In Illinois, drivers over 21 will get their license and driving privileges revoked after three or more traffic violations in a 12 month period. Drivers under 21 years old only require two traffic offenses for such. If you pass a cyclist too closely, the offense is worth 20 points, which is a system used to determine the severity of an eventual punishment. 20 is equivalent to ignoring a red light.

Contact an Aurora Traffic Violations Attorney

The consequences for traffic violations in Illinois are steep, so it is important that you get excellent legal representation from an Aurora traffic violations attorney to properly defend your case. At the Law Office of Brian J. Mirandola, you will find passionate, skilled legal aid and an attorney who will aggressively defend your rights. To schedule a free consultation, call 847-488-0889.

 

Source:

https://rideillinois.org/new-illinois-bike-laws/#:~:text=Under%20the%20new%20law%2C%20a,and%20(3)%20there%20is%20sufficient

Last modified on

IL defense lawyerThe state of Illinois requires all car owners to purchase an insurance policy for any car being operated. Failure to produce active insurance while driving will result in a traffic violation including heavy fines and suspension of a vehicle’s registration.

What Are the Illinois Insurance Requirements?

Illinois requires drivers to purchase a specific type of liability insurance for any automobile that is operated in the state. This insurance protects the driver if an accident occurs. The driver will not have to pay for damage repair to the other vehicle, however insurance prices will increase with every accident.

Insurance is required so anyone injured or involved in a collision can rest easy knowing they will not have to pay heavy compensation; that will be the responsibility of the at-fault driver’s insurance.

Illinois requires drivers to purchase insurance that will cover a minimum of:

  • $25,000 for injury or death of one person in an accident
  • $50,000 for injury or death of more than one person in an accident
  • $20,000 for damage to property involved in an accident

Penalties for Driving Without Insurance

Possession of insurance is enforced in two ways: an officer will ask for proof of insurance when performing a traffic stop or the Secretary of State will randomly select vehicles in their filing system to check for insurance.

If someone is stopped and cannot provide proof of active insurance, the officer will administer a traffic ticket and the driver will be fined:

  • Minimum of $500 for driving without insurance
  • Minimum of $1,5000 for driving with no insurance and registration that has been suspended

A first-time offender will have their vehicle’s registration suspended until they can pay a $100 reinstatement fee and provide proof of active insurance. Multiple offenders will be required to wait four months until the suspension on their registration can be reinstated with the $100 fee and proof of active insurance.

Vehicles with suspended registrations may not be driven by anyone until the registration plates have been reinstated.

Contact an Elgin, TL Traffic Violations Lawyer

Sometimes drivers have active insurance policies, but fail to print out their proof of insurance which should be kept in the vehicle at all times. If this happens, the officer who performs the traffic stop will still issue a ticket for driving without insurance. To fight this charge, drivers should hire a lawyer from the Law Offices of Brian J. Mirandola who can explain the mistake of fact in court. To schedule a free consultation with a Kane County traffic violations attorney, call our office at 847-488-0889.

 

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/vsd361.pdf

Last modified on

IL DUI lawyerDuring this time in Illinois, there are fewer cars on the road and with bars closed, there is less of a possibility to find a drunk driver. However, people have not completely stopped leaving their homes and since there are fewer cars out, it will be easier for police to spot a driver under the influence.

While patrolling the streets, police officers look for signs of intoxication such as braking hard or fast, swerving between lanes, disobeying traffic laws, running red lights, etc. Any of these signs will warrant a traffic stop so that the officer can determine if the driver is in fact drunk.

What Happens When a Car Is Stopped?

Illinois police officers have the right and responsibility to pull over any vehicle they suspect to be operated by a drunk driver. Once the stop has been made, the officer will approach the suspected vehicle and observe the state of the driver.

If the officer sees any signs of drunkenness, they can then perform a field sobriety test. Signs an officer will look for include:

  • Slurred speech
  • Red and/or watery eyes
  • Smell of alcohol on the driver’s breath
  • Driver confusion or inability to comply with requests by the officer
  • Open containers in the vehicle
  • Driver admission to consuming alcohol

Once the officer suspects that the driver is drunk, they can order a field sobriety test; this usually is a test of three actions the driver must perform to defend their sobriety. An officer can ask the driver to walk in a straight line, put their finger on their nose and raise one leg, or follow the officer’s finger with their eyes.

Based on the observed results, the officer will have probable cause to make an arrest.

During the traffic stop, an officer could also conduct a preliminary alcohol screening which involves the driver breathing into a portable breathalyzer. This device measures blood alcohol content (BAC). If the driver’s BAC is over the legal limit, 0.08, then the officer has cause to make an arrest.

What Not to Do During a DUI Traffic Stop

It is always important to follow the officer’s directions when stopped under suspicion of DUI. Even if you are sober, acting calm and unoffended is the best way to behave. Acting irrationally or giving the officer a hard time for doing their job could lead to a different type of arrest.

To protect yourself during a traffic stop, drivers should not:

  • Act aggravated or defensive
  • Make any sudden movements that could be considered “hostile”
  • Exit their vehicle until directed by the officer
  • Swear at the officer
  • Act vulgar or irrational

If a driver is sober and knows it, they should remain calm and get through the traffic stop as easily as possible. If it is proven that the driver is sober, no charges will be issued by the police officer.

Contact an Elgin, IL DUI Attorney

If an arrest is made after a traffic stop, the driver should hire a lawyer from the Law Offices of Brian J. Mirandola who can help defend the driver’s right. They can build a case to avoid serious punishments. To schedule a free consultation with a Kane County DUI lawyer, call our office at 847-488-0889.

 

Source:

https://www.dui-usa.drinkdriving.org/dui_dwi_information.php

Last modified on

IL accident lawyerBeing involved in a car accident can be a scary thing especially if you are the one who caused the collision. However, it is important that all persons involved in the crash remain at the scene so that police can arrive and take statements as to what happened. Fleeing the scene of a car accident is a crime in Illinois which can lead to fines and/or jail time. If the offending driver was under the influence at the time of the collision, they will also be charged with a DUI and can have their driving privileges suspended.

What Does the Law Require?

Illinois law says that all drivers involved in a crash must:

  • Stop their vehicle immediately
  • Check the other drivers and passengers for injuries
  • Move their vehicle - if it can move - to the side of the road
  • Turn on hazard lights so other cars can avoid the stopped cars
  • Call the police to report the collision

A driver will not be breaking the law if they move their car off of the road and into a safe location such as a parking lot or a less-trafficked side street.

If a driver does leave the scene, they can be found if the other driver involved can take their license plate and report the accident to the police. If caught, the driver will be charged with a Class A misdemeanor punishable with:

  • Up to one year in prison
  • Fines of up to $2,500

In addition, the victim of the collision can petition for compensation for damage done to their vehicle as well as any injuries caused by the accident.

How to Defend Charges for Fleeing the Scene

Unless the victim of the car accident can clearly identify the driver of the fleeing vehicle before it is gone, it would be hard for the prosecutors to determine who was behind the wheel at the time of the incident.

A common defense that the owner of the car involved in the collision can use is claiming that they were not behind the wheel at the time of the crash. Other defenses include:

  • Not being aware that a collision occurred
  • The other driver became enraged making you uncomfortable in staying
  • The offending driver stopped in a safe spot that was farther away than they realized
  • Unable to stop immediately, but called the police after arriving somewhere safe

Contact an Elgin, IL Traffic Violations Attorney

A car accident is a traumatic event that should not be made worse by charges issued after the fact. If you have been involved in a car accident and are now facing charges for fleeing the scene, hire a lawyer from the Law Offices of Brian J. Mirandola who can make sure your rights are not compromised. To schedule a free consultation with a Kane County traffic violations lawyer, call our office at 847-488-0889.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-402

Last modified on

IL defense lawyerIt is against Illinois law to knowingly drive on tires that are old and worn out. The result of traveling on worn tires could be having a blowout and losing control of your vehicle. This is why driving with worn tires can be punishable as reckless driving.

The knowledge of the tires being worn out is what will convict a person of reckless driving. This is because the offending driver knew they were driving a vehicle that was unsafe, thus putting other drivers at risk of a crash.

How Do I Know if My Tires are Worn Out?

On average, a tire should be replaced every three or four years. If a driver does not remember when they changed their tires last, they can either refer to Illinois’ vehicle code regarding tire requirements or use the penny test.

If a driver inserts a penny into one of the grooves of the tire with Lincoln’s head facing down. If the tread does not cover Lincoln’s forehead, it is time to replace the tire. According to Illinois law, tires are considered “unsafe” if:

  • Any part of the ply or cords are exposed
  • The tread is cut or cracked enough to expose cords
  • The tire is bulging, knotted, or separated in places
  • Depth of tread grooving is less than 2/23 of an inch
  • The tire bears any markings which identify it as a tire not to be driven on the highway
  • The tire has been regrooved past the original depth

Illinois police officers have the right to stop any vehicles they believe should have their tires inspected. If the tires are found to be unsafe, the officer can issue a reckless driving citation.

Reckless driving is a Class A misdemeanor in Illinois. Punishments include up to one year in prison and fines of up to $2,500 not including court fees.

If a driver causes a collision after worn-out tires malfunction on the road, the charges could potentially be worse. If a victim is injured in a crash, the driver could face charges of vehicular assault. Even worse, if a victim is killed, the driver could face reckless homicide charges that - if convicted - lead to up to five years in jail.

The driver will also be responsible for compensating a victim for damages to their vehicle and medical bills for any injury sustained in a crash.

Contact an Elgin, IL Traffic Violations Attorney

The best defense an alleged reckless driver could use when facing charges is to hire a lawyer to represent them in court. The lawyers of the Law Offices of Brian J. Mirandola have experience defending drivers from a variety of traffic charges. To schedule an appointment with a Kane County traffic violations lawyer, call our office at 847-488-0889.

 

Sources:

https://www.safemotorist.com/Illinois/Vehicles/tires.aspx

https://illinoisrecklessdriving.com/law-penalties/

Last modified on
Avvo Illinois State Bar Association Kane COunty Bar Association
Back to Top