The Law Office of Brian J. Mirandola

CALL FOR A FREE CONSULTATION

47 DuPage Court, Elgin, IL 60120

847-488-0889

Il defense lawyerAccording to Illinois law, reckless driving is defined as operating a motor vehicle with disregard for the safety of those sharing the road. Most often people think of examples such as speeding or driving under the influence of drugs or alcohol.

Turn signals were added to vehicles as a safety precaution so that there could be clear communication between fellow drivers. So, failure to properly signal when you are turning or changing lanes is included in the reckless driving law in Illinois.

Why Should I Use My Turn Signal?

It is such a simple thing to do and yet most drivers fail to signal at least once in their lifetime. In a recent study done by the Traffic Law Headquarters, two million crashes a year are caused by simply not using the turn signal.

A turn signal is important because it:

  • Lets other drivers know where you are about to turn or when you need to change lanes.
  • Gives other drivers time to slow down or speed up to get out of harm’s way when you are turning.
  • Lets pedestrians know if you are about to turn onto a side street they may be crossing.

Additionally, a turn signal should be turned off as soon as the maneuver is performed. This eliminates confusion, so other drivers know you will not be turning or changing lanes again.

How Is a Driver Punished When They Fail to Signal?

Since it is included in the reckless driving law in Illinois, a driver can be convicted of a Class A misdemeanor. This results in a fine of up to one year in prison and $2,500 in fines. If a driver is under the age of 21, the license could be subject to suspension.

According to Illinois law, a reckless driving infraction is considered a felony if bodily harm, permanent injury or disfigurement is sustained by a child or a crossing guard in a school zone as a result of the violation.

Contact an Elgin, IL Reckless Driving Attorney

We all want to be as safe as possible while on the road, but mistakes are inevitable and cleaning up the aftermath can be a messy ordeal. If you or someone you know is in need of a reckless driving defense, a Kane County reckless driving defense attorney of the Law Offices of Brian J. Mirandola can help. For your free consultation, call the office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-503

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

https://trafficlawheadquarters.com/the-importance-of-using-your-turn-signal/

Last modified on

Posted on in Traffic violations

Elgin, IL Reckless Driving Ticket Lawyer

According to the Illinois Department of Transportation, nearly 1,100 people were killed in motor vehicle collisions statewide in 2017 while thousands of others suffered serious injuries. Due to the high number of traffic fatalities, Illinois law enforcement has increased surveillance and traffic tickets for reckless drivers. Reckless driving is defined as the act of overtly disregarding traffic laws and procedures while endangering oneself and others. If you have been cited for reckless driving charges, it is important to understand the potential consequences of a conviction. 

Common Forms of Reckless Driving 

A reckless driving charge can result in serious consequences. Listed below are some of the most common violations that constitute reckless driving charges.

Excessive Speeding

According to the National Highway Traffic Safety Administration (NHTSA), speeding plays a role in approximately 26 percent of annual fatal collisions throughout the United States. In 2017 alone, speeding took 9,717 American lives. Because of this, driving at excessive speeds, such as 20 mph over the legal limit, is considered reckless driving. 

Distracted Driving

Here in the state of Illinois, it is illegal to use a handheld cellular device while driving. According to state law, phone use (such as texting) constitutes a reckless driving charge. Texting while driving takes your eyes off the road and your hands off the wheel, so it should come as no surprise Illinois police officers are constantly on the lookout for distracted drivers. 

Endangering Others

In the end, a reckless driving charge can be given for a number of actions that endanger others on the road, including drivers, bike riders, and pedestrians. Common examples of traffic endangerment include reckless lane changes, aggressive tailgating, and disregard of stop lights and other traffic laws. Racing other vehicles and attempting to get your vehicle airborne also constitute reckless driving charges. 

Contact an Elgin, IL Reckless Driving Lawyer 

With years of experience representing Illinois clients, Attorney Brian J. Mirandola will fight to keep a conviction off your record so you can avoid heavy fines, license suspension or revocation, and even potential jail time. To schedule a free consultation with a Kane County criminal defense attorney, call our team today at 847-488-0889. 

Sources:

https://www.nhtsa.gov/risky-driving/speeding

https://chicago.cbslocal.com/2018/01/04/illinois-traffic-deaths-2017/

Last modified on

Kane County CDL Lawyer

On an annual basis, thousands of commercial trucking accidents result in fatalities. In 2017, more than 4,000 people died in these crashes across the country. Due to the high number of truck accidents that involve severe injury, law enforcement takes traffic violations by truck drivers seriously, whether it occurs in their work or personal vehicle.

If you have been charged with a commercial drivers license (CDL) violation, you could face license revocation that can lead to loss of employment, in addition to heavy fines. In this situation, you need a skilled CDL traffic ticket attorney.

Common CDL Violations 

A CDL traffic violation can come with serious complications for you and your employer. If you have been charged with a traffic violation outside of Illinois, state law requires you to report the violation. Below are some of the most common CDL tickets. 

Excessive Speeding: Due to the sheer size of commercial trucks, it is especially important for drivers to follow mandated speed limits. In many cases, highway speed limits will be lower for commercial trucks than standard vehicles. Speeding can impact a truck driver’s ability to stop and change direction. 

According to the Insurance Institute for Highway Safety, approximately 48 percent of all truck occupant deaths in 2017 occurred in accidents in which the truck rolled over. Most rollover crashes are caused by truckers driving at excessive speeds. 

Improper Lane Change: Truck drivers are consistently cited for driving in the incorrect lane or recklessly changing lanes. On multiple lane highways, commercial truck drivers are asked to drive in the right lane, while only using the left lane for passing other vehicles. Failure to change back into the right lane in a safe and timely manner can result in a violation. Due to the extended blind spot of many commercial trucks, it is extremely important for drivers to change lanes with caution. 

DUI: Some commercial truck driver violations are related to inebriated driving. Driving under the influence of drugs or alcohol can impact vision and reaction time, which is especially dangerous for drivers of large vehicles. Driving your commercial vehicle while inebriated can result in immediate termination and CDL revocation. 

Failure to Correctly Log Hours: CDL drivers are only legally allowed to drive for 11 consecutive hours. Some trucking companies encourage their drivers to falsify their driving logs. Because of the dangers of drowsy driving, the falsification of logs is considered an extremely serious offense.

Contact an Elgin, IL CDL Violation Lawyer 

Attorney Brian J. Mirandola has helped many commercial truck drivers preserve their professional driving privileges after a traffic violation. Our team firmly believes no person should lose their ability to execute their job because of one mistake. To schedule a free consultation with a Kane County criminal defense attorney, call us today at 847-488-0889. 

Sources:

https://dor.mo.gov/drivers/commercial/cmv.php

https://www.iihs.org/iihs/topics/t/large-trucks/fatalityfacts/large-trucks

Last modified on

Posted on in Traffic violations

Kane County Speeding Lawyer

Here in the state of Illinois, traffic violations are taken seriously. One of the most harshly punished traffic offenses is an aggravated speeding ticket. Aggravated speeding is defined as driving 26 mph or more over the posted speed limit. If convicted, an aggravated speeding charge can lead to the loss of driving privileges, substantial fines, and potential jail time. If you have been charged with aggravated speeding, contact an experienced criminal defense lawyer immediately. 

Aggravated Speeding Ticket Fine and Punishment 

According to Illinois law, aggravated speeding constitutes a Class B or Class A misdemeanor, depending on the speed at which the driver was traveling when pulled over. If the driver was traveling between 26 and 34 miles per hour over the speed limit, they will likely be charged with a Class B misdemeanor. Driving 35 mph or more over the speed limit constitutes a Class A offense. Class B misdemeanors carry a maximum jail sentence of six months and potential fines up to $1,500. If your speeding constitutes a Class A misdemeanor, you could face up to one year in prison and $1,500 in fines. 

Outside of potential incarceration and fines, an aggravated speeding conviction can result in driver’s license suspension, especially if you have ever received another aggravated speeding citation. Aggravated speeding convictions can also result in immediate license suspension if the driver was speeding in a posted work zone, school zone, or urban area. 

Speeding Ticket Defenses

If you have been accused of aggravated speeding, you need a legal team that is prepared to act quickly. Depending on the circumstances, a skilled attorney may be able to negotiate reduced charges, especially if this is your first aggravated driving offense. You could also receive court supervision, which if successfully completed, the charges may be expunged. If you are charged with aggravated speeding while driving in a construction zone, it may be argued that the zone was insufficiently marked. Speaking with your attorney about possible defense strategies can help you avoid rising insurance rates and points assigned to your driving record. 

Contact an Elgin, IL Aggravated Speeding Lawyer 

The Law Office of Brian J. Mirandola fully understands the potential loss of independence that a license suspension or revocation can present. With decades of criminal law experience in the state of Illinois, our legal team is prepared to aggressively fight for your driving privileges. If you have been cited for a traffic violation, contact our experienced team as soon as possible. To schedule a free consultation with a Kane County criminal defense attorney, contact us today at 847-488-0889. 

Source:

http://www.ilga.gov/legislation/ilcs/documents/062500050K11-601.5.htm

Last modified on

Aurora, IL Speeding Ticket Attorney

Throughout the state of Illinois, traffic violations are taken seriously by law enforcement, especially those that occur within construction zones. According to the Illinois Department of Transportation (IDOT), around 4,500 crashes occur in work zones around the state every year. Due to the high number of accidents and the danger both drivers and workers face, construction zone speeding tickets can come with severe penalties. If you receive a ticket for a work zone traffic violation, you should contact a skilled traffic ticket attorney for help.

Work Zone Speed Limit Violations

Due to the increased injury risks associated with speeding in a construction zone, ticket fines are high, even for a first offense. For a conviction, a first-time offender will receive a minimum fine of $375, while any subsequent offenses result in a fine no less than $1,000. If two offenses occur within a two-year period, you could face driver’s license suspension up to 90 days. For drivers who hold a commercial driver’s license (CDL), a work zone violation may result in immediate license suspension, expensive fines, and potential loss of employment. In cases in which speeding is documented through the use of photo speed enforcement technology, standard fines and punishments still apply.  

Construction Zone Speeding Ticket Defenses

While work zone violations are considered serious by Illinois police, there are a number of ways experienced attorneys can assist clients cited for speeding in a work zone. If the zone was not properly marked, or marked in a way that did not allow the driver time to sufficiently slow down before the work zone, the driver would not be in violation. If the driver’s speed was documented through photo speed enforcement, the ticket must be sent to the driver within a 14-day period. If the ticket is not sent in that time frame, it may be dismissed in court. 

If you go ahead and pay your ticket, this is an admission of guilt, and you risk the addition of significant points to your driving record along with the cost. It is better to speak with an attorney to discuss your options.

Contact a Kane County Speeding Ticket Lawyer

Attorney Brian J. Mirandola has years of experience helping people ticketed for traffic violations. Traffic offenses that occur within a construction zone can be caused by a number of factors, not just negligent operation of a motor vehicle. To schedule a free consultation with an adept Elgin, IL traffic ticket attorney who will fight for you, call us today at 847-488-0889. 

Sources:

http://www.idot.illinois.gov/assets/uploads/files/travel-information/pamphlets-&-brochures/workzone%20il%20fact%20sheet.pdf

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