The Law Office of Brian J. Mirandola


47 DuPage Court, Elgin, IL 60120


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.



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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.



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Posted on in Traffic violations

IL defense lawyerAs a driver in Illinois, it never hurts to review the rules of the road. A law that people sometimes neglect or fail to adhere to because of a lack of awareness is Scott’s Law or the Move Over Law. We will explain what it is, why the rule exists, and what penalties a violation carries. If you face traffic law charges, speak with a traffic law attorney. With their help, you will protect your rights and potentially lessen or eliminate any unwarranted charges.

Scott’s (Move Over) Law

In 2000, a Chicago Fire Department lieutenant, Scott Gillen, was killed by a speeding, drunk driver. As a result, the Illinois legislature passed Scott’s, or the Move Over, Law. Its premise is simple: if a first-responder has their siren or hazards on, all drivers in the vicinity need to move to the opposing side of the road and slow down. A significant amount of first-responder deaths each year encouraged Governor J.B. Pritzker to pass a more robust version of Scott’s Law. The new iteration comes with more potent repercussions.

The number of tickets issued for violations of Scott’s Law rose in 2019 because of the enhanced bill. The year 2019 saw around 6,000 Scott’s Law violation citations. A first offense could result in a $250 fine for the accused driver. A subsequent offense leads to at least $750 in fines. Drivers who fail to pull to the side of the road and cause property damage or injury will receive additional punishments: property damage can result in a mandatory license suspension of three to 12 months, and injuring another person leads to six to 24 months of suspension.

Since there are still several first-responder deaths each year, Illinois law enforcement has expressed a commitment to charging those who violate Scott’s Law. As such, remember to look and listen for first-responder vehicles with their hazards on - sometimes, you might not hear them - and pull to the opposite side of the road to keep other drivers, first-responders, and yourself safe. Not only that, but Scott’s Law helps ensure that first-responders get wherever they are called faster and have a higher chance of helping those in danger.

Contact a Kane County Criminal Defense Attorney

Scott’s Law charges carry a lot of weight. Regardless of the circumstances in your case, it cannot hurt to work with a Kane County criminal defense attorney who is trustworthy and has the conviction to defend you in court aggressively. The Law Office of Brian J. Mirandola is ready to take your case, so schedule your free consultation by calling 847-488-0889.




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IL traffic attorneyKnowing the rules of the road in Illinois is necessary to stay safe and avoid any unwanted fines. Speed limits in construction zones are one of the basic rules that most people are aware of, but how are they enforced? If you face fines, license suspensions, or even jail time for traffic violations, do not hesitate to get the guidance of a seasoned criminal defense attorney in Illinois. Developing a strong defense when presenting your case or contesting any charges that you feel are unwarranted is easily achieved when you have a lawyer you can trust on your side.

Photo Enforcement in Kane County

Any driver who violates construction zone speed limits in Illinois can face steep fines and charges, but that is to protect both workers and all drivers. If you ever get impatient in a construction zone, remember that according to a study conducted in 2015, drivers are more likely to be victims in work zone accidents than workers. Because of this, speeding in a construction zone can lead to at least $375 fine for the first offense, a minimum of $1000 for the second, and a driver’s license suspension for up to 90 days if the second offense occurred within two years of the first.

Police officers cannot always watch and catch those who speed in work zones, so the State turned to photo enforcement. The cameras are only in use when construction workers are on site. Also, it is important to understand that Temporary Concrete Barriers (TCBs) do not change whether or not drivers should comply with work zone speed limits since cars have broken through them before. Whenever photo enforcement is in use, there must be a sign that provides a clear indication of such. In many camera locations, there will be a sign that displays a motorist’s speed. This serves to give a driver a final chance to slow down before they speed past the camera. Remember, if you do get a speeding ticket due to photo enforcement, you must attend your mandatory court appearance.

Contact an Elgin Traffic Violations Attorney

Photo enforcement is designed to protect workers and drivers alike, but it is important to defend your rights if you think there was an error. If you face fines or a license suspension due to traffic violations, reach out to the Law Office of Brian J. Mirandola to set up a free consultation with a trustworthy Kane County traffic violations attorney. Call us today at 847-488-0889.




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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.



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