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IL DUI lawyerAlthough blood testing or breathalyzer tests in traffic stops are generally acceptable under Illinois law, a recent Illinois supreme court ruling suggests that this rule is subject to a bit more interpretation. As such, it is important to remember the need for experienced and aggressive legal defense from a skilled DUI attorney. Even in cases that face charges of any kind, there might be ways to tone down any fines or sentences depending on the circumstances.

People v. Eubanks

On December 21, 2009, Ralph Eubanks was allegedly driving a borrowed car and hit Maria Worthon and son Jeremiah. According to testimony at the time, Eubanks was driving between 80 or 90 miles per hour without his headlights. Maria died in the accident and her son suffered severe injuries. Ralph wound up with consecutive sentences that summed to 40 years. However, these charges were reached because the prosecution relied on blood and urine tests that were taken hours after the arrest without a search warrant.

After receiving these charges, Eubanks got the First District court to reverse his aggravated DUI conviction, remanded the first-degree murder conviction, and more on account of Illinois’ favorable stance on warrantless chemical testing to be facially unconstitutional. The Illinois Supreme Court then reached a peculiar conclusion in which they agreed to let Eubanks receive a new trial in which his DUI test results could not be used as evidence, but they consequently expanded the possible exigencies that could allow warrantless DUI testing. Although this ruling favored Eubanks and helped him receive a lesser sentence, law enforcements’ definition of exigency was expanded significantly.

Contact an Aurora DUI Attorney

With shifting interpretations of the Illinois Vehicle Code’s justifications for warrantless DUI testing, it is more important than ever to get a highly-capable Aurora DUI attorney to defend you if you face such charges. At The Law Office of Brian J. Mirandola, you will get access to experienced legal defense and a deep, intimate understanding of Illinois law. To schedule a free consultation, call 847-488-0889.

 

Source:

https://www.isba.org/ibj/2020/01/lawpulse/shouldvegottenawarrant

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Posted on in DUI

IL DUI lawyerThere is a more severe DUI penalty in Illinois known as aggravated DUI that can be issued as a result of the nature of the offense. A driver can also be charged with aggravated DUI if they have three or more DUI violations on their driving record.

All charges of aggravated DUI are tried as felony offenses with mandatory jail time, community service, and heavy fines as punishment.

When Is Aggravated DUI Charged?

It is considered excessive if a person drives their vehicle under the influence three or more times. Therefore, charges are boosted to aggravated DUI felonies for just even being pulled over and arrested.

However, there are other aspects that can turn a DUI charge into an aggravated DUI offense:

  • DUI is committed while driving a school bus with minors (under 18 years old) present
  • DUI results in great bodily harm or disfigurement to another person
  • DUI is committed when the driver does not have a valid license
  • DUI is committed when the driver does not have car insurance
  • DUI results in the death of another person
  • DUI is committed within a school zone and a crash occurs
  • The DUI driver leaves the scene of a crash that they caused

Aggravated DUI charges start at Class 4 felony which is punishable with a prison term of 1-3 years and a fine of up to $25,000. A driver could face higher penalties up to Class X felony punishable with a prison term of 6-30 years and fines of up to $25,000.

Other Punishments for Aggravated DUI

Like a normal DUI offense, aggravated DUIs go on a driver’s permanent driving record. This makes them at risk of even higher penalties if they repeat their offense. Drivers can also see their licenses suspended or revoked depending on the amount of DUI convictions on their record.

The Illinois court system could also make any DUI offender meet certain criteria before and after earning their license back:

  • Community service
  • Completion of a drug or alcohol program
  • Carry high-risk insurance for three years
  • Complete a suspension period before applying for a restricted license

On top of that, if a person is injured or killed during a DUI offense, the at-fault driver will be responsible for paying any compensation to the injured parties or the family of the deceased.

Illinois could charge a driver with reckless homicide if a death occurs during a DUI violation. This will revoke a driver’s license and see the driver in prison.

Contact an Elgin, IL DUI Defense Attorney

In DUI cases, the offending driver should always hire a lawyer who can build a defense against more serious punishment than necessary. The lawyers of the Law Offices of Brian J. Mirandola have experience making sure their clients are treated fairly and that their rights are not violated. To schedule a free consultation with a Kane County DUI defense lawyer, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

https://www.ncdd.com/illinois-dui-laws

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Posted on in DUI

Kane County aggravated DUI lawyer

Here in the state of Illinois, law enforcement is always on the lookout for drunk drivers. According to the Illinois Secretary of State’s Office, police made 27,046 DUI arrests in 2017 alone. According to Illinois state law, there are a number of factors that can cause a DUI to be elevated from a misdemeanor to a felony. In these cases, the DUI becomes an aggravated DUI

What Constitutes an Aggravated DUI? 

In the vast majority of cases, a DUI is charged as a misdemeanor. When aggravating factors justify the DUI to be designated as a felony, the legal ramifications can be substantial. This includes mandatory jail time to the loss of driving privileges for as long as a decade.

Third or Subsequent DUI Conviction

One of the most common aggravating factors is a third DUI conviction. Here in the state of Illinois, this constitutes a Class 2 felony. If convicted, the offender could face up to seven years in prison. In the event of a third DUI, the court may decide you are no longer capable of driving with a standard driver’s license and suspend it for up to 10 years. At that point, you can obtain a Restricted Driving Permit (RDP). If you can adhere to the rules and regulations of an RDP, for five consecutive years, you may be able to apply for full license reinstatement. 

DUI with Bodily Harm

If you are arrested for DUI charges after a collision that caused a person to become physically disabled or disfigured, you are likely to face a Class 4 felony charge. In these instances, the judge may decide to institute prison time as punishment, which may include a minimum sentence of one year. If a person is fatally injured, you could face a Class 2 felony, with a minimum three-year sentence and subsequent two-year license revocation.

Other Aggravating Factors

These include being charged with a DUI while transporting a minor, and driving under the influence of alcohol with a revoked or suspended license. Other possible aggravating factors include driving an uninsured vehicle, driving drunk in a school zone during school hours or while driving a vehicle-for-hire. 

Contact an Elgin, IL DUI Defense Lawyer 

After being arrested on DUI charges, it is important to act quickly. A conviction can ultimately result in heavy fines and potential jail time. Fortunately, a qualified defense lawyer can provide a defense strategy to secure the best possible outcome for you and your family. Attorney Brian J. Mirandola will examine your case and assist you throughout the legal process. To schedule a free consultation with a knowledgeable Kane County criminal defense attorney, contact us today at 847-488-0889. 

Sources:

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

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Posted on in DUI

Elgin, IL DUI Lawyer

Every year, more than a million Americans are arrested on DUI charges. According to the Illinois Secretary of State’s Office, more than 27,000 Illinoisans were arrested for driving under the influence of drugs or alcohol in 2017. If you have been arrested on DUI charges, it is important to understand the potential ramifications of a conviction and contact a legal team you can believe in. 

DUI Conviction Consequences

According to Illinois law, a person can be convicted of a DUI for operating a vehicle with a blood-alcohol concentration (BAC) at or above .08, or with a marijuana tetrahydrocannabinol (THC) concentration of five nanograms or more. Even a first-time DUI conviction can come with serious legal consequences here in Illinois. A first DUI conviction is classified as a Class A misdemeanor in Illinois and can lead to as much as one year in prison and up to $2,500 in fines. 

While a second DUI conviction is also a Class A misdemeanor and comes with the same level of fines and potential jail time, a second conviction can result in license revocation. It is important to note that a second DUI conviction can be upgraded to a Class 4 felony if it involves a collision that causes severe injury to another traveler, if the driver has a previous reckless homicide charge, or if the driver did not have a valid driver’s license. If the driver was traveling with a minor, the charges could be upgraded to a Class 2 felony, and bring up to seven years in prison. 

Any subsequent DUI convictions are classified as aggravated DUI and a Class 2 felony. These convictions can lead to fines up to $25,000 and substantial jail time. Also, new Illinois state law declares if a DUI defendant was driving their vehicle the wrong way on a one-way street, the charges are automatically defined as aggravated DUI, regardless of the number of previous convictions. 

Contact a Kane County DUI Attorney

Here in Illinois, 86 percent of drivers arrested on DUI charges in 2017 were first-time offenders. At The Law Office of Brian J. Mirandola, we will fight for you and your driving privileges. One mistake should not severely impact your ability to work and take care of your family. To schedule a free consultation with an Elgin, IL criminal defense attorney, call us today at 847-488-0889. 

Sources:

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

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

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Posted on in DUI

felony, Elgin DUI defense attorneyIn Illinois, there are three classifications of criminal offenses. Petty offenses are the lowest classification and include most traffic violations. The next level of offense a misdemeanor while the highest classification of crime, that which can carry the most serious penalties, is a felony. Those convicted of a felony usually face extended imprisonment as well as other serious punitive consequences. There are some instances in which a charge of driving under the influence (DUI) can be classified as a felony. Felony DUIs, also called aggravated DUIs, carry more severe disciplinary consequences than a misdemeanor DUI does and can seriously affect a convicted person’s ability to find employment or even a home in the future.

Most DUI Charges Are Considered Misdemeanors

If you are an Illinois resident have been charged with a DUI for the very first time, you will almost certainly be charged with a misdemeanor. Felony DUI charges come as a result of more serious violations of the law. Offenses which can result in a felony DUI charge include:

  • Being caught driving under the influence of alcohol three different times;
  • Drinking and driving which results in a passenger under the age of 16 being injured;
  • Being charged with a DUI while having a prior conviction for alcohol-related reckless homicide;
  • Driving under the influence with an expired, suspended, or revoked driver’s license;
  • Drinking and driving without car insurance;
  • Drunk driving which causes an accident in which someone is seriously injured or killed; and
  • Driving a school bus with children on board while intoxicated.

The list of examples above is not exhaustive, and there may be additional special circumstances when result in a DUI charge being increased to an aggravated DUI charge.

Consequences of a Felony Conviction

The criminal sentence imposed on someone who has been convicted of a felony will depend on the specific charges and circumstances of the crime. Felonies in Illinois are divided into five categories. Class 4 felonies are the least serious felony offenses and Class X felonies are the most harshly punished offenses. Felony criminal sanctions include:

  • Class 4 Felony: Punishable by 1-3 years in prison;
  • Class 3 Felony: Punishable by 2-5 years in prison;
  • Class 2 Felony: Punishable by 3-7 years in prison;
  • Class 1 Felony: Punishable by 4-20 years in prison; and
  • Class X Felony: Punishable by 6-30 years in prison.

In addition to imprisonment and fines of up to $25,000, those convicted of a felony face additional consequences such as difficulty finding employment, being excluded from certain job fields, forfeiture of gun ownership rights, and trouble finding a place to live.

Contact a Kane County Aggravated DUI Defense Lawyer

If you have been charged with driving under the influence, contact The The Law Office of Brian J. Mirandola for legal guidance with your case. To schedule a free initial consultation with an Elgin DUI defense attorney, call 847-488-0889 today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=49&ActID=1815

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