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kane county criminal defense attorneyThere are a handful of reasons why a person could end up with a suspended or revoked license. Some of these reasons do not even relate to driving, yet you can still lose your license all the same. Not paying fines relating to parking tickets, tolls, or automatic traffic violations, can lead to license suspension. Failing to pay court-ordered child support or failing to appear for a traffic citation could also result in a license suspension. Driving while under the influence (DUI) is one of the most common reason a person has their license suspended or revoked. Though it can be irksome to lose your ability to drive, choosing to drive even while your license is suspended or revoked can result in criminal penalties.

Penalties for Driving With a Suspended License

Unlike many other traffic violations, driving with a suspended or revoked license is a criminal charge -- not just a traffic ticket. This means that the penalties are typically harsher and the effects of the charge are usually more severe than a traffic ticket. Penalties for driving with a suspended or revoked license depend on how many prior offenses you have and how your license was originally suspended.

A first-time offender for driving with a suspended license can expect to be charged with a Class A misdemeanor, which comes with the possibility of up to one year in jail and up to $2,500 in fines. A person who commits a second or subsequent offense can face a Class 4 felony charge, which comes with the possibility of one to three years in prison and up to $25,000 in fines. Penalties are increased if a person is caught driving with a suspended license while they are intoxicated. If that happens, they can be charged with a Class 4 felony and be required to undergo an evaluation to determine the extent of their alcohol and/or drug problem.

Contact Our Elgin, IL Criminal Defense Attorneys Today

It may seem superficial, but driving with a revoked or suspended license is a crime that is taken extremely seriously in Illinois. If you have been charged with driving while your license was suspended or revoked, you should get in touch with a Kane County criminal defense lawyer as soon as possible. At the Law Office of Brian J. Mirandola, we can help you form a defense against any type of criminal charge you may be facing, including driving with a suspended license. To schedule a free consultation and begin discussing your options, call our office today at 847-488-0889.

 

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-303

https://www.cyberdriveillinois.com/departments/drivers/losepriv.html

 

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Aurora IL criminal defense attorneyWhen a person is arrested and charged with drug crimes, the prosecution’s case will often rely on the evidence recovered. Drugs or drug paraphernalia that are found on a person, in their vehicle, or in their home may be used as evidence, and depending on the amount of drugs and other types of evidence, such as materials used to manufacture or package drugs, a person may face charges of drug possession or drug manufacturing and delivery. However, police officers are required to follow the law when performing searches, and in cases involving illegal search and seizure, the evidence recovered by police officers may be inadmissible.

Understanding Illegal Search and Seizure

The Fourth Amendment to the U.S. Constitution provides people with protection against unreasonable searches and seizures. The “exclusionary rule” applies to evidence obtained through these types of unreasonable searches, meaning that evidence that was obtained illegally cannot be introduced in a criminal case against a defendant. In addition, the “fruit of the poisonous tree” doctrine also applies, and this states that any evidence derived from evidence that was obtained illegally will also be inadmissible in court.

Typically, law enforcement officials must receive a search warrant before performing a search of a person’s property, including their home or vehicle. However, a few exceptions may apply to this requirement, including:

  • Probable cause - A search may be performed if a police officer has a reasonable suspicion that a person has committed a crime, and this suspicion is supported by the facts available to the officer before performing the search. For example, a police officer may notice the smell of marijuana after pulling a person over for a traffic violation, and this may provide them with probable cause to search the vehicle for drugs.

  • Items in plain view - A warrant will not be needed for items that can be plainly seen by police officers, such as drugs or drug paraphernalia that are visible through the windows of a vehicle.

  • Search incident to arrest - When lawfully arresting someone, police officers are allowed to perform a search of their person. Evidence found in these searches, such as baggies of drugs in a person’s pockets, will usually be admissible in court.

  • Consent - Searches may be performed without a warrant if a person voluntarily gives permission for law enforcement officials to do so.

Contact Our Aurora Drug Charges Defense Lawyer

If you have been arrested and charged with a drug-related offense, The Law Office of Brian J. Mirandola can review the circumstances of your arrest and determine whether police officers performed an illegal search. We will fight to make sure any evidence that was obtained through illegal search and seizure will not be used in your case. To get the defense you need, contact our Kane County criminal defense attorney at 847-488-0889 and schedule a free consultation today.

 

Sources:

https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0

https://www.law.cornell.edu/wex/unreasonable_search_and_seizure

https://www.law.cornell.edu/constitution-conan/amendment-4/search-incident-to-arrest

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Aurora IL criminal defense lawyerBeing accused of domestic violence can be devastating. These types of claims can permanently damage a person’s reputation while also affecting their relationships with family members or friends. Accusations can also lead to criminal charges, and in serious cases, these crimes may be considered felony offenses. A felony conviction can result in a prison sentence of one year or more, as well as up to $25,000 in fines. In domestic violence cases, a person will need to know how the law applies to them and their options for defense.

Felony Domestic Violence Charges

Accusations of domestic violence may result in the following types of felony charges:

  • Domestic battery - This offense may apply if a person allegedly caused bodily harm to a member of their family or a person who lived in their household. While a first conviction of domestic battery is usually prosecuted as a Class A misdemeanor, a second offense is a Class 4 felony. Aggravated domestic battery charges may apply if a person’s actions allegedly caused great bodily harm, permanent disability, or disfigurement, or if they allegedly strangled a person while committing domestic battery. Aggravated domestic battery is a Class 2 felony.

  • Criminal sexual abuse - This offense involves committing an act of sexual conduct by force or threat of force, and it is usually prosecuted as a Class 4 felony. Charges of aggravated criminal sexual abuse, a Class 2 felony, may apply if a person allegedly committed an act of sexual conduct with a family member who is under the age of 18.

  • Stalking - If a person is accused of acting in a way that caused a person to fear for the safety of themself or their family members, including by following them, placing them under surveillance, or making threats, they face Class 4 felony charges.

  • Violation of an order of protection - Accusations of domestic violence may lead to the issuance of an order of protection that requires a person to stay away from and refrain from contacting their spouse, children, or other family members. While violating the terms of an order of protection is usually prosecuted as a Class A misdemeanor, an alleged offender may face Class 4 felony charges if they had previously been convicted of violent crimes or offenses related to domestic violence.

Contact an Elgin Domestic Violence Defense Lawyer

If you have been accused of committing domestic violence, you will want to work with an experienced lawyer to determine the steps you can take to defend against these types of charges. The Law Office of Brian J. Mirandola can represent you during your criminal case, and we will work to minimize the consequences to your life, your reputation, and your freedom. Contact a Kane County domestic battery defense attorney at 847-488-0889 for a complimentary consultation.

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+12%2C+Subdiv%2E+5&ActID=1876&ChapterID=53&SeqStart=21300000&SeqEnd=23400000

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+11&ActID=1876&ChapterID=53&SeqStart=14400000&SeqEnd=21000000

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-7.3

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Elgin IL driver's license reinstatement attorneyMost people need to be able to drive as part of their daily activities. Getting to and from work, transporting children to school or other activities, or running errands will usually require the use of a car. This means that whenever a person loses their driver’s license, they will want to understand how they can get their driving privileges reinstated as quickly as possible. Depending on whether an Illinois resident’s license was suspended or revoked, they may need to attend a license reinstatement hearing, and the reason they lost their license will determine whether a formal or informal hearing will be required.

The Differences Between Informal and Formal License Reinstatement Hearings

DUI arrests and convictions are the most common reasons for driver’s license suspension or revocation, although a person may also lose their driving privileges if they receive three or more traffic violations within 12 months. Following a license suspension, a person can usually have their license reinstated by paying a reinstatement fee. However, following a license revocation, a person will need to apply for reinstatement, and they will be required to attend a license reinstatement hearing with the Illinois Secretary of State.

A driver will be able to have an informal hearing if their license was revoked due to a first-time DUI conviction, a criminal offense that did not involve a person’s death, or other traffic violations. These types of hearings are held at a number of Secretary of State Driver Services facilities throughout the state of Illinois, and they do not need to be scheduled in advance. In these hearings, a driver will answer questions asked by a hearing officer and show that they have met the requirements to have their license reinstated.

A formal hearing will be necessary if a driver has multiple DUI convictions or if they lost their license due to an offense involving someone’s death. A person will be required to submit a formal hearing request and schedule the hearing in advance at one of four Secretary of State facilities in Joliet, Chicago, Mt. Vernon, or Springfield. While a formal hearing is not the same as a trial, it has some similarities to courtroom proceedings, with the driver being placed under oath and answering questions asked by an attorney representing the Secretary of State and their own attorney. Since these cases often involve more serious DUI offenses, a driver will need to demonstrate that they have followed all requirements related to substance abuse treatment and that they are taking action to make sure they will be able to drive safely if they have their license reinstated.

Contact Our Kane County License Reinstatement Lawyer

When preparing for either a formal or informal Secretary of State hearing, you will want to work with an experienced lawyer to make sure you have met all of your requirements and will be able to answer questions correctly. At The Law Office of Brian J. Mirandola, we will help you prepare for a hearing and provide you with representation, ensuring that you will be able to regain your driving privileges. To learn more about how we can help, contact our Aurora license reinstatement hearing attorney at 847-488-0889 to arrange a free consultation.

 

Sources:

https://www.cyberdriveillinois.com/departments/administrative_hearings/hearings.html

https://www.cyberdriveillinois.com/publications/pdf_publications/dah_ih70.pdf

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Kane County DUI defense lawyerBeing arrested for drunk driving can lead to multiple different types of consequences, especially if you are convicted for the criminal offense of driving under the influence (DUI). If you are convicted of DUI, your driver’s license will be revoked for at least one year, but even if you are not convicted, your license will be suspended if your blood alcohol content (BAC) was above the legal limit or if you refused to submit to blood alcohol testing. In order to regain your driving privileges, you may need to have a breath alcohol ignition interlock device (BAIID) installed in your vehicle.

First-Time DUI and Ignition Interlock Devices

Following a first-time DUI arrest or conviction, you may be eligible to receive a Monitoring Device Driving Permit (MDDP) while your license is suspended. This permit will not place any restrictions on where or when you can drive, but it will require you to install a BAIID in any vehicles you will be driving. Before driving, you will blow into this device, and the vehicle will not start unless the breath sample is negative for alcohol. The device will also take your picture to ensure that you are the one who is providing the breath sample.

When using a BAIID, you will need to pay an installation fee, as well as monthly rental fees and monitoring fees. If you choose not to use a BAIID or obtain an MDDP, you will be prohibited from driving during your period of license suspension or revocation. If you are found to be driving while your license is suspended or revoked, you can be charged with a Class 4 felony.

Restricted Driving Permits for Multiple DUI Convictions

If you are convicted of DUI for a second time, you will not be able to receive an MDDP. However, you may be eligible for a Restricted Driving Permit (RDP) if you can show that the inability to drive would create hardship for you and your family. You will also need to receive a drug/alcohol evaluation, and you may need to show that you are participating in a remedial driving safety program and receiving treatment for substance abuse. An RDP will usually be available following a second or third DUI conviction or two statutory summary suspensions related to DUI arrests.

An RDP will place restrictions on when and where you can drive. You may be limited to driving to and from work or for other necessary purposes, such as transporting children to school or going to the grocery store. You will need to use a BAIID on all vehicles you drive for five years before your driving privileges can be fully reinstated.

Contact Our Aurora DUI Defense Lawyer

If you have been arrested for DUI, The Law Office of Brian J. Mirandola can help you defend against these charges, and we will work with you to meet the requirements that will allow you to continue driving legally. To arrange a free consultation and learn how we can help with your case, contact our Elgin license reinstatement attorney at 847-488-0889.

 

Sources:

https://www.cyberdriveillinois.com/departments/BAIID/baiid.html

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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