The Law Office of Brian J. Mirandola

CALL FOR A FREE CONSULTATION

47 DuPage Court, Elgin, IL 60120

847-488-0889

Posted on in Traffic violations

IL defense lawyerStreet racing could be described as a symptom of “road rage” in that one driver speeds up to not allow another driver to overtake them, thus resulting in both vehicles traveling at a high rate of speed. There are other reasons people street race. Some just do it as a form of competition and entertainment. Whether for entertainment or due to road rage, street racing is considered reckless driving because it puts people’s lives in danger.

Both drivers of the vehicles caught in a street race are putting themselves in danger if the cars collide, but they also put other drivers and pedestrians in danger. There are other people on the road who may not be expecting two cars coming down the road at a high rate of speed.

What Is Street Racing?

According to Illinois law, street racing is defined as:

  • Operation of two or more motor vehicles driving side by side while accelerating in an attempt to outdistance each other.
  • Driving one or more motor vehicles down a predetermined road to compare vehicle acceleration within a specific distance.
  • Using one or more cars to outdistance or overtake another vehicle.
  • Using one or more vehicles to prevent another car from passing.
  • Operating one or more cars to arrive at a destination before another car.
  • Using one or more vehicles to test the long-distance stamina or the drivers.

Most often those who race for recreation will participate on streets that are less used rather than on the highway or another populated road. However, if a police officer comes upon the race, the drivers will still be ticketed and charged with reckless driving.

Those racing as a result of road rage are more likely to cause an accident because they are driving carelessly around other drivers. If an accident occurs and someone involved is injured, disfigured, or permanently disabled the at-fault driver will be charged with aggravated street racing.

Penalties for Street Racing

In Illinois, those who engage in street racing are not the only ones who can be punished if charged with a crime. The owners of the cars involved in the street race can also be punished if they have knowledge of the race and allow it to happen.

According to the law, street race offenders will be charged with a Class A misdemeanor for a first offense punishable by a minimum fine of $250. Subsequent offenses will be a Class 4 felony punishable by a minimum fine of $500. Additionally, anyone convicted of street racing will have their license revoked.

Those convicted of aggravated street racing will face a Class 4 felony charge and a punishment of a one- to 12-year prison sentence.

Car owners who allow a street race to occur will be charged with a Class B misdemeanor for a first offense and a Class A misdemeanor for any subsequent offenses.

Contact an Elgin, IL Reckless Driving Attorney

If you or someone you know are facing reckless driving charges as a result of street racing, the first step is to hire a lawyer who can help build a defense and avoid a negative outcome. To talk to a Kane County reckless driving lawyer from the law offices of Brian J. Mirandola, call 847-488-0889.

 

Source:

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

Last modified on

IL defense lawyerKeeping a safe distance away from a driver ahead of you is important because you cannot see what is in front of that driver. If the leading driver has to slam on their brakes for whatever reason and you are too close, that could result in a rear-end collision. That type of collision could lead to serious damage or injury depending on the speed of the vehicles.

For this reason, following too closely is considered reckless driving and falls under the Illinois Reckless Driving Law. A violation of this law can result in a Class C misdemeanor conviction punishable by one year in prison and/or a $2,500 fine.

According to Illinois law, no driver should ever be following behind another vehicle too closely. Drivers need to keep in mind the traffic, conditions, and speed of the other vehicle and know that there is a risk of a collision.

To avoid a collision, slower drivers should travel in the right lane to allow faster drivers to pass on the left safely. If the road is only one lane, faster drivers are expected to adjust their speed to keep a reasonable amount of space between the two cars and then pass when it is safe.

Dismissing Traffic Tickets

If a police officer witnesses an act of one vehicle following another too closely, that driver can be pulled over and issued a ticket. After the traffic stop, a driver still has the option to contest the punishment and go to court. There, the driver has a few options for defense strategies:

  • Once you have your ticket, look closely at the information the officer wrote down while issuing the ticket. If there is anything incorrect on the ticket (name, type of car, etc.) you can alert the judge and the charges could be dropped.
  • The driver can attend and complete a defensive driving course to show the judge that they are working to improve their driving faults. This could reduce the charges.
  • If the driver goes to court, the police officer who pulled them over would need to attend as well. If the officer fails to appear, the case is dismissed.

Contact an Elgin, IL Reckless Driving Attorney

There are two sides to every story and if you are facing reckless driving charges, your first step should be to hire a lawyer. The seasoned Kane County reckless driving lawyers of the Law Offices of Brian J. Mirandola can help build your defense strategy and avoid a negative outcome. Call the office at 847-488-0889 to schedule a free consultation.

 

Sources:

http://ilga.gov/legislation/ilcs/documents/062500050K11-710.htm

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

https://www.idrivesafely.com/defensive-driving/traffic-ticket-dismissal/

Last modified on

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