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IL defense lawyerTemperatures are dropping which means icy weather is coming soon to the state of Illinois. This means the roads will start to become slick and drivers should adjust their habits to stay safe while traveling. The most common reason accidents happen on the road during winter is speeding when people do not realize they are driving on ice. If a car is traveling at a fast rate of speed and suddenly must stop, it can start to slide, potentially putting others at risk.

Under Illinois law, aggravated speeding is a misdemeanor traffic offense that is punishable with fines, loss of driving privileges and jail time. However, if a driver causes an accident due to their lack of safety on the road, they could also face reckless driving charges, pay compensation to injured victims, or face charges of vehicular homicide if someone is killed.

What Is Aggravated Speeding?

All roads have their own limit to how fast a person can drive. Simple speeding is punished with a traffic ticket and a certain monetary fine:

  • 1-20 mph over the limit: $120 fine
  • 21-25 mph over the limit: $140 fine
  • 26-34 mph over the limit: Class B misdemeanor punishable with $1,500 fine and six months in jail

Aggravated speeding is whenever a driver is traveling 35 miles per hour or more over the posted speed limit. This charge is a Class A misdemeanor and is punishable by a one-year jail term and fines of up to $2,500. Furthermore, a person convicted of aggravated speeding may also have their license suspended.

Other Ways to Keep the Roads Safe During Winter

There are several ways to stay safe when the roads are icy and some are the simple tips that should be followed every day: wear a seatbelt, do not drive distracted, do not drive tired, and do not drive drunk.

Other tips that help in bad conditions include:

  • Give snowplows plenty of room because they may not be able to see you
  • Do not use a cruise control
  • Beware of black ice; roads can appear clear, but black ice can still be present
  • Be careful around intersections, exit ramps, and hilly roads

Of course, during bad weather days, it is best to not travel unless absolutely necessary. If one must travel, prepare an emergency kit - complete with jumper cables, a shovel, a cell phone, blankets, and water - to have in the car in case anything happens.

Contact an Elgin, IL Traffic Violations Attorney

 

Unsafe driving during the winter months can cause many problems for yourself and for others on the road. If you are facing charges after causing a car accident, the lawyers of the Law Offices of Brian J. Mirandola can help build a defense and avoid harsh punishments. To schedule a free consultation with a Kane County traffic violations lawyer, call our office at 847-488-0889.

 

Sources:

http://www.idot.illinois.gov/home/winter-driving-tips

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

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Posted on in Traffic violations

Kane County Speeding Lawyer

Here in the state of Illinois, traffic violations are taken seriously. One of the most harshly punished traffic offenses is an aggravated speeding ticket. Aggravated speeding is defined as driving 26 mph or more over the posted speed limit. If convicted, an aggravated speeding charge can lead to the loss of driving privileges, substantial fines, and potential jail time. If you have been charged with aggravated speeding, contact an experienced criminal defense lawyer immediately. 

Aggravated Speeding Ticket Fine and Punishment 

According to Illinois law, aggravated speeding constitutes a Class B or Class A misdemeanor, depending on the speed at which the driver was traveling when pulled over. If the driver was traveling between 26 and 34 miles per hour over the speed limit, they will likely be charged with a Class B misdemeanor. Driving 35 mph or more over the speed limit constitutes a Class A offense. Class B misdemeanors carry a maximum jail sentence of six months and potential fines up to $1,500. If your speeding constitutes a Class A misdemeanor, you could face up to one year in prison and $1,500 in fines. 

Outside of potential incarceration and fines, an aggravated speeding conviction can result in driver’s license suspension, especially if you have ever received another aggravated speeding citation. Aggravated speeding convictions can also result in immediate license suspension if the driver was speeding in a posted work zone, school zone, or urban area. 

Speeding Ticket Defenses

If you have been accused of aggravated speeding, you need a legal team that is prepared to act quickly. Depending on the circumstances, a skilled attorney may be able to negotiate reduced charges, especially if this is your first aggravated driving offense. You could also receive court supervision, which if successfully completed, the charges may be expunged. If you are charged with aggravated speeding while driving in a construction zone, it may be argued that the zone was insufficiently marked. Speaking with your attorney about possible defense strategies can help you avoid rising insurance rates and points assigned to your driving record. 

Contact an Elgin, IL Aggravated Speeding Lawyer 

The Law Office of Brian J. Mirandola fully understands the potential loss of independence that a license suspension or revocation can present. With decades of criminal law experience in the state of Illinois, our legal team is prepared to aggressively fight for your driving privileges. If you have been cited for a traffic violation, contact our experienced team as soon as possible. To schedule a free consultation with a Kane County criminal defense attorney, contact us today at 847-488-0889. 

Source:

http://www.ilga.gov/legislation/ilcs/documents/062500050K11-601.5.htm

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Posted on in DUI

DUI, Kane County DUI defense attorneyWhen a person is pulled over on suspicion of driving under the influence of alcohol or drugs (DUI), he or she has a few options. The first option is to be 100 percent cooperative and comply with every request the officer makes. Alternatively, the suspect could be polite and compliant with most of the officer’s requests, while respectfully refusing a breath test and other roadside sobriety tests. The third option is to be openly defiant and overtly refusing to comply with any of the officer’s requests. While the third option is better than outright aggression or fleeing—the remaining two options—such an attitude can lead to additional criminal consequences in certain situations.

Adding to a Driver’s Problems

In early October of this year, a 39-year-old man was pulled over in Plainfield Township by an officer of the Illinois State Police. The suspect—a Joliet Township High School District employee—refused to comply with requests for a breathalyzer and would not even get out of his vehicle when ordered to by the officer. It is unclear whether he submitted to field sobriety tests, but the pattern of events included in the police and court records suggests that he most likely did not.

Initial reports indicate that the man was arrested and charged with one count of DUI and one count of obstructing a peace officer in carrying out official duties. The obstruction charge was a misdemeanor while the DUI was a felony charge, as it represented a potential third DUI offense for the driver since 2002. Subsequent reports say that the obstruction charge was dropped, but the man now faces additional charges for aggravated speeding more than 35 miles per hour over the speed limit and improper traffic lane use. The aggravated speeding charge is a Class A misdemeanor. The man was freed on $10,000 bond.

Failure to Appear

While the charges are still pending, the man filed a petition to have his license suspension dismissed. Illinois law provides for the statutory summary suspension of the license of a person who fails or refuses a chemical tests for blood alcohol content incident to arrest. The man was due in court a couple of weeks ago to contest his suspension, but court records show that he and his attorney did not appear. His petition was subsequently dismissed.

Seek Help With Your Case

As this case clearly demonstrates, any situation involving DUI charges can become extremely complicated very quickly. If you or a loved one has been arrested, contact an experienced DUI defense attorney in Elgin. Call 847-488-0889 to schedule a free, no-obligation consultation at The The Law Office of Brian J. Mirandola today.

Sources:

https://patch.com/illinois/joliet/alberto-filipponi-also-charged-obstructing-illinois-state-police-during-latest-dui

http://www.wjol.com/joliet-township-high-school-district-curriculum-director-charged-dui/

http://www.theherald-news.com/2017/10/25/joliet-d-204-administrator-charged-with-dui-fails-to-avoid-license-suspension/a6nx9wu/

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Posted on in Criminal Defense

aggravated speeding, traffic offenses, Kane County Defense LawyerConsider a very plausible situation: you are driving back from a long road trip and you are very anxious to get home. Traffic has been rather congested for much of the trip, so your car’s cruise control has not been of much use. Finally, the road opens up in front of you and you accelerate without paying too much attention to the speedometer. Without warning, the flashing strobes of a police cruiser are behind you indicating that you need to pull over. The officer approaches your window and informs you that were traveling at 85 mph in a 55 mph zone. Just that quickly, your life could change, as such a violation may result in criminal prosecution for aggravated speeding.

Very few drivers consider speeding to be that big of a deal. Of course, you probably realize that a speeding ticket can lead to fines, points on your driver’s license, and possibly an increase in your insurance premiums. Beyond that, though, it can certainly feel like more of a nuisance than anything else.

While exceeding the speed limit by five or ten miles per hour, in most cases, is probably a cause for major concern, aggravated speeding is an entirely different situation. Illinois law provides that drivers who exceed a posted speed limit by 26 mph or more may be prosecuted in a criminal court proceeding. That is much more serious than points on your license or an insurance rate hike.

Drivers who are found to be exceeding the speed by limit by 26 mph or more but less than 35 mph may be charged with a Class B misdemeanor. Maximum penalties could include up to six months in prison, two years of probation, and $1,500 in fines. Those who exceed a posted speed limit by 35 mph or more may be subject to Class A misdemeanor charges, punishable by up to one year in jail, two years of probation, and fines of $2,500.

As with any criminal charge, a conviction will remain on your record permanently. This could potentially impact future employment, educational, and personal opportunities. Fortunately, you may have options, especially if you have never been charged with a crime before and a qualified lawyer can help.

If you are facing charges for aggravated speeding, or any other traffic violations, contact an experienced criminal defense attorney in Elgin, Illinois. At the The Law Office of Brian J. Mirandola, we are committed to working with you in protecting your future and minimizing the negative impact of criminal charges. Call 847-488-0889 to schedule a free confidential consultation today at put our knowledgeable team on your side.

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