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Kane County traffic violations lawyerDrag racing, car racing, and other motorsports are popular spectator sports, attracting legions of fans to large venues and small tracks all around the state. However, some car owners feel tempted to recreate the speeds of race cars on Illinois streets. Participating in street racing, also known as drag racing, is a serious traffic violation and will result in more than just a simple speeding ticket. If your actions fall under the Illinois street racing statute, you could be facing more serious penalties, including the loss of your driver’s license, fines, and even jail time.

What Counts as Street Racing Under Illinois Law

The definitions of street racing in Illinois law generally cover any attempts to see if your car is faster than someone else’s. You can be charged with street racing if you:

  • Race another car side by side and try to outdistance each other
  • Compete against other drivers to see who can drive the same course in the fastest time
  • Try to outgain or outdistance another vehicle
  • Use your vehicle to prevent another vehicle from passing
  • Race to reach a destination ahead of another vehicle or group of vehicles
  • Use your vehicle to test the physical endurance or stamina of other drivers over a long-distance route

Misdemeanor, Felony Charges Possible for Street Racing

If you are charged with street racing or drag racing in Illinois, you are facing Class A misdemeanor charges, which carry a maximum fine of $2,500 and up to one year in jail. The minimum fine is $250. Additionally, if you are convicted, your driver’s license will be revoked. This is more serious than a license suspension since revocation requires an administrative hearing with a Hearing Officer from the Secretary of State who must agree to reinstate your driver's license. You may be required to have a Restricted Driving Permit (RDP) before full reinstatement, which restricts the places you can drive, typically only for employment, medical care, and childcare needs.

While street racing can be thrilling for participants, the reckless nature of the speeds can also lead to harm to others. If there is an accident from a street race, you can be charged with aggravated street racing, which is a Class 4 felony and could send you to jail for between one and 12 years. Allowing someone else to use your car in a street race is a Class B misdemeanor.

Contact a Kane County Reckless Driving Defense Attorney

If you have been accused of street racing or any other reckless driving charge, you may be facing fines and even jail time. You need the experienced representation of an Elgin reckless driving lawyer at the The Law Office of Brian J. Mirandola. We’ll fight to have the charges lowered or even dismissed altogether. Give us a call today at 847-488-0889 and schedule your free initial consultation.  

 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-506

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Kane County aggravated speeding lawyerAfter crawling your way through traffic, the highway finally opens up with hardly another car in sight. Unfortunately for you, the first car you do see is a police car, and you were going well over the speed limit. What looked like an open highway just turned into an aggravated speeding charge. Given the severe consequences that aggravated speeding can bring in Illinois, it is best to seek out an experienced defense attorney.

Definitions and Consequences of Aggravated Speeding

Under Illinois law, if you are caught speeding 26 miles per hour or more over the posted speed limit, you can be charged with a Class B misdemeanor. Traveling more than 35 mph over the limit will bring Class A misdemeanor charges and even more serious consequences.

A Class B misdemeanor can result in fines of up to $1,500 and six months in jail. The Class A misdemeanor charge raises the punishment to $2,500 in fines and up to twelve months in jail. On top of that, your driver’s license could be suspended or revoked, and you will most likely be facing much higher auto insurance rates. If you hold a Commercial Driver’s License, that will also be suspended, putting your continued employment at risk.

The most lasting impact of an aggravated speeding conviction could be a misdemeanor on your permanent criminal record. Court supervision may be available if you have previously had a clean driving record. This will prevent the charge from appearing on your public record as long as you complete the period of supervision without any further traffic offenses or violations. You may also still be ordered to perform community service, attend traffic safety school, and pay fines as part of your sentence. However, court supervision is not always possible, including when the offense occurred in a construction zone, school zone, or an urban district. For these reasons, you should seek out a lawyer who can help build your defense and try to get the charges dismissed or reduced to lesser charges.

Call an Elgin Lawyer for Aggravated Speeding Defense

If you are facing charges of aggravated speeding in Illinois, you could be looking at serious fines, jail time, and a misdemeanor on your criminal record. This is not a charge that you should fight on your own. The Kane County aggravated speeding defense attorney at The Law Office of Brian J. Mirandola can represent you and fight to avoid a conviction. Call 847-488-0889 today for a free consultation. 

 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-601.5

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Kane County CDL violations attorneyThe Chicago area is a primary hub of railroad activity for the United States, with six of the seven largest railroads in the country, plus other smaller regional railroads running over 500 freight trains through the area daily. Add to that more than 750 daily Metra, Amtrak, and South Shore trains carrying commuters and visitors on the system. All of this railroad activity means cars and trucks in the Chicago region must navigate a lot of railroad crossings on a daily basis.

If you are a commercial driver’s license (CDL) holder, every time you drive over one of these crossings, you risk a violation that can impact your ability to make a living. Even violations in your personal vehicle can count against your CDL privileges, so it is best to be safe and know your responsibilities. 

Railroad Crossing Violations That Can Impact a CDL

Safety for all vehicles, especially trucks, is held at a premium at railroad crossings. A violation could result in an accident that impacts the truck driver, crew and passengers on the train, and surrounding vehicles, pedestrians, and property. For violations that assign points to your license, three or more offenses committed within any period of 12 months will result in the suspension or revocation of your license. The action by the court is determined by the number of points of the violations.

Here are some of the point values associated with common railroad crossing violations:

  • Failing to stop for an approaching train or signal – 20 points
  • Failing to stop before you reach a railroad crossing if the tracks are not clear – 20 points
  • Failing to obey a traffic control device or a law enforcement official at a railroad crossing – 20 points
  • Failing to slow down and confirm that there is no approaching train – 20 points
  • Failing to negotiate a railroad-highway grade crossing because of your vehicle does not have enough clearance – 20 points
  • Failing to stop at a railroad grade crossing – 20 points
  • Improper movement of heavy equipment across a railroad grade crossing – 5 points
  • Failing to have space to drive through a railroad crossing - Will result in suspension or revocation of driver’s license and/or privileges

The severity of your violation or violations may trigger fines and disqualification of your commercial driver’s license. Based on the circumstances of the driver and the violations, an experienced attorney can work to get your charges reduced.

Contact a Kane County CDL Violation Attorney

If you have been ticketed for a serious violation at a railroad crossing or any other offense that may result in a CDL suspension, you need to contact the Elgin CDL defense lawyers at The Law Office of Brian J. Mirandola. We will work with you to build a defense and keep you behind the wheel. Call our office at 847-488-0889 for a free consultation.

 

Sources:

https://www.aar.org/article/chicago-region-environmental-transportation-efficiency-program

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

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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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Elgin traffic violations lawyerWarmer weather is right around the corner, but so is construction season in Illinois. If you are caught speeding or stopped for other traffic violations in a construction zone, you face much stricter penalties than for violations outside of a work zone. Even for a first violation, drivers face higher fines, the temporary loss of their license, and more points added to their driving record, resulting in higher insurance rates. Slow down and drive safely in a construction zone, or you could face serious penalties.

Speeding Violations in Construction Zones

A driver will be assessed a minimum fine of $250 for their first speeding offense in a construction zone. The minimum penalty is $750 plus a driver’s license suspension of 90 days for a second offense.

Aggravated Speeding in a Construction Zone

Drivers charged with speeding of at least 26 mph over the posted construction zone speed limit, which is known as aggravated speeding, may be charged with a Class B misdemeanor and risk spending up to six months in prison and face a maximum fine of $1,500. Aggravated speeding more than 35 miles per hour over the limit is a Class A misdemeanor, with a punishment of up to one year in prison and a maximum fine of $2,500.

Reckless Driving in a Construction Zone

In addition to adhering to the speed limit, you must drive cautiously and slow down or yield to workers and construction vehicles in a construction zone. Regardless of whether you were speeding or not, reckless driving will result in a fine of at least $100. If the reckless driving results in injuries or property damage, fines can be a maximum of $25,000. Hitting a construction worker with your vehicle can result in a prison sentence of up to 14 years. Additionally, an incident with property damage will lead to a license suspension of between 90 days and one year. A violation that causes injury to someone will lead to a license suspension of between 180 days and two years. Causing someone’s death will result in a two-year license suspension.

Contact an Elgin Traffic Violation lawyer

If you are facing these higher penalties, you need a lawyer who has experience fighting construction zone tickets. Whether you received a speeding ticket or a much more serious violation, you need to call an Aurora construction zone ticket lawyer. At The Law Office of Brian J. Mirandola, we will provide you with strong, knowledgeable representation. Contact us or call 847-488-0889 for a free consultation.

 

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-605.1

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-908

https://www.illinoistollway.com/projects/work-zone-safety

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