The Law Office of Brian J. Mirandola

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Elgin IL reckless driving defense attorneyWhile both aggravated speeding and reckless driving are more than minor traffic violations, they are still separate and different charges, each carrying with them relatively severe penalties. In some cases, the two can be compounded with other charges, making for an especially challenging case to manage and difficult punishments to handle.

What Is Aggravated Speeding?

Speeding may seem like a minor and oftentimes innocuous traffic violation, at least relative to other dangerous behaviors, but there are instances when speeding is not simply a minor infraction. As speed increases, it can become more and more dangerous, and excessive speeds can result in aggravated speeding charges under Illinois law.

According to state law, aggravated speeding occurs when the driver is speeding above the local limit by 26 miles per hour or more. In cases of 26 mph to 34 mph above the limit, the crime is considered a Class B misdemeanor by Illinois law, and in cases when the speeding is 35 mph or more above the speed limit, it is considered the more severe Class A misdemeanor. 

Depending on the severity of the aggravated speeding charge, offenders might face fines of up to $2,500, up to one year in county jail, and suspension of their drivers’ license. Aggravated speeding charges can also lead to higher car insurance rates, and even a permanent mark on the driver’s criminal record that may be ineligible for expungement.

What Is Reckless Driving?

Reckless driving is any driving that puts the safety of people or property at risk. In other words, according to Illinois law, it is the “willful disregard” for the public’s safety while driving. Many behaviors can be considered under this particular charge, including excessive speeding above the local limits, driving drunk, running a red light, tailgating other vehicles, weaving in and out of traffic, and texting while driving. Reckless driving is classified as a Class A misdemeanor in Illinois. Penalties include up to $2,500 in fines and up to one year in county jail.

Can You Ever Be Charged with Both Reckless Driving and Aggravated Speeding?

Aggravated speeding and reckless driving are both very serious traffic crimes, and they are both treated as such; in fact, many times the two coincide and a driver will be charged with both. Since driving above 20 mph can be viewed as reckless driving and driving above 26 mph is considered aggravated speeding, then driving over 26 mph could result in a charge of both depending on the circumstances surrounding the incident, such as an accident, an injury, or damage to property. 

Contact an Aurora IL Reckless Driving Lawyer

Whether you are facing aggravated speeding or reckless driving charges, or both, you will need an experienced Elgin IL aggravated speeding attorney to help guide you through the process and advocate for your fair treatment under the law. Call the Law Offices of Brian J. Mirandola at 847-488-0889 for a free consultation.

 

Sources:

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

https://www.isba.org/sections/trafficlaw/newsletter/2015/06/excessiveaggravatedspeeding

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IL defense lawyerOf all the traffic violations you might face in Illinois, reckless driving is one of the most severe since it can lead to a Class A misdemeanor, requiring you to pay up to $2,500 in fines and to spend up to a whole year in jail. In addition, reckless driving charges might also include other charges, such as DUI. The purpose of laws like those surrounding reckless driving is to keep the roads safe for all motorists and pedestrians. So, what happens when you think you are keeping people safe by wearing a mask due to COVID-19 despite operating a motor vehicle? Doing this brings with it a host of problematic scenarios illustrated here.

Why Wearing a Mask While Driving Could Get You Pulled Over

As difficult as it might be to believe, people have gotten into car accidents while wearing masks as of late due to the pandemic. In many of those cases, the safety of the driver was the greatest concern as it seemed the mask might have triggered a health problem. But that does not mean that there is no possibility you might get pulled over for driving recklessly if you are wearing a mask. Here are some of the ways a mask can interfere with your driving and cause you to seemingly drive recklessly:

  • Obstruction of Vision—Medical experts agree that the placement of certain masks on the face can obstruct your vision, especially while driving. What is more, if you wear glasses, the lenses inside your frames could fog up, creating even more serious issues for your line of sight. And do not get other officials focused on public safety started on the subtle concerns of hanging that mask from your mirror, right in the center of your line of sight through the windshield. It could be an accident waiting to happen. Such obstructions are the equivalent of texting while driving in terms of how they can prevent you from keeping your eyes on the road.
  • Breathing Issues—If your mask is causing you to struggle to breathe, then you might lose consciousness or become lightheaded enough not to drive your vehicle properly. In many cases, this can be viewed by the arresting officer as the equivalent of driving under the influence of alcohol or drugs.
  • Aggravation of Other Medical Problems—If you already have a heart problem or another medical condition that causes breathing issues, then wearing a mask while driving can further aggravate your condition. Even the anxiety of wearing something on your face can force people to adapt their driving in reckless ways that make the road unsafe for other drivers—and even lead to serious complications for your own health.

For these reasons, the Centers for Disease Control and Prevention (CDC) recommends that you not wear a mask while driving. It could lead to an accident, and it could certainly cause you to be issued a traffic violation.

Contact a Kane County Traffic Violation Attorney

Mask or no mask, if you are trying to deal with a traffic violation, you should give an Aurora IL reckless driving lawyer a call at 847-488-0889 for a free consultation. The talented team at the Law Offices of Brian J. Mirandola can guide you through the charges and give you the representation you need to overcome that traffic violation.

 

Sources:

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-face-cover-guidance.html

https://www.nydailynews.com/coronavirus/ny-nj-driver-crashes-care-wearing-coronavirus-mask-20200424-xatumnzsrraynfftvlx2gy4yje-story.html

https://www.nbcsandiego.com/news/investigations/nbc-7-responds/why-you-shouldnt-hang-masks-from-your-cars-mirror/2378771/

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IL defense lawyerConstruction zone tickets are not just any usual traffic violation ticket; since these types of traffic violations involve the safety of construction workers, they often carry with them steeper penalties and fines. However, getting one of these tickets does not mean you must accept the consequences without question or litigation. There might have been legitimate reasons why you were unable to follow the rules of the construction zone, or maybe the government itself did not properly handle administering the penalties. No matter what your circumstances, here are some of the most common strategies for fighting a construction zone ticket.

Three Common Strategies for Fighting a Construction Zone Ticket

With the right lawyer, strategies like these can be used to successfully defend you against a construction zone ticket.

Prove the Government Did Not Properly Handle Administration of the Penalty: If for some reason the ticketing process did not go as smoothly as it usually does, the authorities might not have handled it correctly. In those cases, much like criminal defense cases, procedural errors can help you defeat these tickets. Examples of the authorities’ failure to comply with their own rules of ticketing include:

  • Neglecting to send the ticket within a specified amount of time (in most cases, 14 days according to the law)
  • Camera functionality issues that did not adequately and fairly capture the violation
  • Flawed construction zone worker testimony or records concerning the case

Establish an Argument About Difficult Driving Conditions: Inclement weather always impacts driving in some way, especially highway driving. In this sense, it is not always entirely your fault for breaking the zone’s rules. For instance, you might have:

  • Missed the signs about the construction zones and the possible penalties due to snow covering them
  • Been unable to see that it was a construction zone due to dense fog
  • Slid on an icy patch that caused your car to veer or speed up beyond the guidelines of the construction zone

Provide Evidence of Sign Legibility Issues: Your lawyer might be able to prove that the signs were not clearly marked, making it difficult for you to be made aware of the construction zone. Possible reasons for the lack of clarity on the sign might include:

  • Graffiti or other vandalism that conceals the messages on the signs or markings on the road
  • As mentioned earlier, weather conditions that also cover the notices about the zone
  • Small print or otherwise unclear markings on the signs due to manufacturer error

Contact an Elgin, IL, Traffic Ticket Attorney

Contact a Kane County construction zone ticket lawyer by calling 847-488-0889 for a free consultation. With more than 20 years of legal experience, the Law Offices of Brian J. Mirandola can offer you key insights and strategies that will assist you in fighting that construction zone ticket and not having to worry about paying hefty fines or dealing with stiff penalties.

 

Sources:

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

https://www.irtba.org/Safety

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IL defense lawyerEven though a traffic offense may require you to attend traffic court in Illinois, you still have a range of rights that you should use to your advantage. Regardless of the charges you face, a skilled traffic offense attorney will not only help you understand your rights but how they apply in your case. With the right knowledge and preparation, you have the best chance of limiting or dismissing charges altogether.

Your Rights and Illinois Traffic Courts

A simple view of Illinois traffic court is that a person charged with a traffic violation must appear before a court to appeal their case. Although this is partially true, it does not present the full picture and all of the tools at your disposal.

When you appear before a traffic court, you have the right to an attorney. To be represented by an attorney, you must be charged with a traffic offense that could result in imprisonment. Even if you cannot afford an attorney, the court will appoint you one if you face charges of this magnitude. To have the court assign you an attorney, you must prove financial hardship by sharing

  • A current pay stub
  • Your W-2
  • Proof of disability or Social Security income
  • Proof of public assistance
  • More documents depending on your circumstances and what the court deems necessary

Even if the court does not charge you with an offense punishable by jail time, you still have the right to an attorney. However, in this case, if you cannot afford to hire an attorney, the court will not appoint you one.

Also, you have a right to confrontation. If you face charges, you do not have to grimly accept the prosecution’s claims. You can cross-examine the prosecution, even if they are a police officer. To support your case, you may bring witness testimony to court.

Lastly, you have a right to an appeal. Even after a judge makes a decision, you can appeal your case to the Illinois Appellate Court. You must file this appeal within 30 days after the traffic court decided on your case. When you use all of these rights to their fullest potential, you increase your chances of reaching an ideal outcome.

Contact a Kane County Traffic Offense Attorney

Traffic court does not have to pose as stressful of an experience as it may seem. Prepare for your appearance in traffic court with a Kane County traffic offense attorney you can trust. At The Law Offices of Brian J. Mirandola, we have an extensive history representing clients in Illinois criminal and traffic law. To schedule a free consultation and learn more about how our attorneys can help, call 847-488-0889.

 

Source:

https://www.isba.org/public/guide/illinoistrafficcourts

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IL defense lawyerThere is a wide range of traffic offenses in Illinois, and they all result in penalties of some sort. To determine how severe a punishment a particular offense warrants, the Illinois DMV uses a "point system" to grade an offense. To understand how penalties are issued for traffic offenses in Illinois, you should take a closer look at this point system. If you ever face charges for traffic offenses, seek the guidance of a skilled and reliable traffic offenses attorney.

Illinois Traffic Offense Point System

The Secretary of State's office divides traffic offenses into three categories:

  • Immediate action: This is an immediate suspension or revocation of a driver's license.
  • Non-point assigned: These do not directly result in punishment but can be used with other circumstances. For example, if a driver commits a non-point assigned offense while their license is suspended, a penalty may follow.
  • Point assigned: The point value of the offense determines the punishment. Drivers who are at least 21 years old will be subject to a penalty after three or more traffic violation convictions in 24 months, drivers under the age of 21 after two or more offenses. The points issued by the convictions will be summed to determine the penalty.

This point system results in the following punishments for drivers over 21 years old based on the points accrued by a driver during a given time frame:

  • 0-14 points: No action
  • 15-44 points: Two-month suspension, 12-month suspension if a driver has two prior suspensions on their record
  • 45-74 points: Same as preceding category, but with a minimum 6-month suspension
  • 75-89 points: Driver's license suspended for 12 months if the driver has one previous suspension
  • 90-99: Minimum nine-month suspension
  • 100-109: Minimum 12-month suspension
  • 110+: License revocation

The punishments for drivers who are younger than 21 are similar, but their license will be revoked after 80 points.

Despite this point system's strict nature, all drivers are permitted to request a hearing to contest the grounds for suspension or revocation. With the right attorney, you stand a better chance at lowering or eliminating charges.

Contact an Elgin, IL Defense Attorney

Traffic violations are not taken lightly in Illinois, so you will need to present a rigorous defense if you wish to contest a license suspension or revocation. To get off to a good start, speak with The Law Office of Brian J. Mirandola. Brian has seven years of experience as a Kane County prosecutor, and he will use his experience to defend your case. To schedule a free consultation with an Elgin, IL traffic violations defense lawyer, call 847-488-0889.

 

Source:

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

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