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IL defense lawyerConstruction zone tickets are not just any usual traffic violation ticket; since these types of traffic violations involve the safety of construction workers, they often carry with them steeper penalties and fines. However, getting one of these tickets does not mean you must accept the consequences without question or litigation. There might have been legitimate reasons why you were unable to follow the rules of the construction zone, or maybe the government itself did not properly handle administering the penalties. No matter what your circumstances, here are some of the most common strategies for fighting a construction zone ticket.

Three Common Strategies for Fighting a Construction Zone Ticket

With the right lawyer, strategies like these can be used to successfully defend you against a construction zone ticket.

Prove the Government Did Not Properly Handle Administration of the Penalty: If for some reason the ticketing process did not go as smoothly as it usually does, the authorities might not have handled it correctly. In those cases, much like criminal defense cases, procedural errors can help you defeat these tickets. Examples of the authorities’ failure to comply with their own rules of ticketing include:

  • Neglecting to send the ticket within a specified amount of time (in most cases, 14 days according to the law)
  • Camera functionality issues that did not adequately and fairly capture the violation
  • Flawed construction zone worker testimony or records concerning the case

Establish an Argument About Difficult Driving Conditions: Inclement weather always impacts driving in some way, especially highway driving. In this sense, it is not always entirely your fault for breaking the zone’s rules. For instance, you might have:

  • Missed the signs about the construction zones and the possible penalties due to snow covering them
  • Been unable to see that it was a construction zone due to dense fog
  • Slid on an icy patch that caused your car to veer or speed up beyond the guidelines of the construction zone

Provide Evidence of Sign Legibility Issues: Your lawyer might be able to prove that the signs were not clearly marked, making it difficult for you to be made aware of the construction zone. Possible reasons for the lack of clarity on the sign might include:

  • Graffiti or other vandalism that conceals the messages on the signs or markings on the road
  • As mentioned earlier, weather conditions that also cover the notices about the zone
  • Small print or otherwise unclear markings on the signs due to manufacturer error

Contact an Elgin, IL, Traffic Ticket Attorney

Contact a Kane County construction zone ticket lawyer by calling 847-488-0889 for a free consultation. With more than 20 years of legal experience, the Law Offices of Brian J. Mirandola can offer you key insights and strategies that will assist you in fighting that construction zone ticket and not having to worry about paying hefty fines or dealing with stiff penalties.

 

Sources:

https://www.illinoistollway.com/projects/work-zone-safety

https://www.irtba.org/Safety

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IL defense attorneyOverall, the broadening of domestic violence laws and resources has helped victims throughout the U.S. However, that does not mean that there are not people who make false accusations of abuse. If someone falsely accuses you of domestic violence, you should take the possible conviction seriously and develop an aggressive defense with a trustworthy domestic violence attorney.

Although domestic violence usually implies an abusive relationship between spouses or people in an intimate relationship, Illinois law expands that definition to include more potential victims. The Illinois Domestic Violence Act states that the following parties can make domestic violence claims:

  • Family members related by blood
  • People who are married or used to be married
  • People who share or used to share a home, apartment, or other common dwelling
  • People who have or allegedly have a child in common or a blood relationship through a child in common
  • People who are dating or engaged or used to date, including same-sex couples
  • People with disabilities and their personal assistants

If a vengeful spouse or partner falsely accuses you of domestic violence, they might be doing so to gain full parenting rights or a larger share of marital assets. Although it can be difficult for someone to make false allegations of domestic violence without much evidence, defending against them can be just as challenging due to a potential lack of witnesses.

First Steps Towards Defending Against False Accusations

Typically, when someone makes a domestic violence claim in Illinois, a court will issue an Order of Protection that restricts the ways the accused can interact with the alleged victim. Regardless of how you feel about an Order of Protection being levied against you, it is essential to carefully abide by the restrictions specified. If you show anger or frustration with the OOP, a court might lean towards ruling in favor of the accuser.

Even if the Order of Protection was filed on false accusations, you could still face criminal penalties for failing to abide by it. An OOP also requires you to attend various hearings: attend these or risk being punished. In the meantime, find any witnesses and work closely with your attorney to overcome false domestic abuse claims.

Contact an Elgin, IL Domestic Violence Attorney

Domestic violence charges are not to be taken lightly. You should treat them as such by seeking the help of a seasoned Elgin, IL domestic violence attorney. Call 847-488-0889 to schedule a free consultation at The Law Office of Brian J. Mirandola. Our experience helping clients fight domestic violence charges will prove immensely helpful when developing your defense.

 

Sources:

https://illinoisattorneygeneral.gov/women/victims.html

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

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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.

 

Sources:

https://www.wqad.com/article/news/illinois-state-police-see-major-spike-in-scotts-law-violation-citations/526-9aae3100-8b5d-48f3-ba4c-9580f8d4f519#:~:text=Scott's%20Law%2C%20also%20known%20as,Fire%20Department%20lieutenant%20was%20killed.

https://wrex.com/2019/12/23/illinois-state-police-remind-motorists-to-obey-scotts-law-while-traveling/#:~:text=Effective%20January%201%2C%202020%2C%20violators,%24750%20for%20a%20subsequent%20offense.

 

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Posted on in Expungement

IL defense lawyerExpungement is when Illinois government erases criminal charges from a person’s record. This is different from sealing which is when the charges are simply hidden from public view but still exist.

Not all crimes are qualified to be expunged and not every person has the ability to petition for an expungement. It boils down to the type of crime as well as the number of charges already against the person petitioning to expunge a crime.

Understanding the Expungement Process

The first step in getting a charge erased from a personal record is to determine whether or not the charge is qualified to be expunged. Also, a person must find out if they are a candidate that is able to petition for an expungement.

Factors that could keep a person from expungement include the amount of time that has passed since the crime was committed as well as the person’s citizenship status.

Once it is decided that a crime is eligible for expungement, the petitioner should:

  • Collect copies of the criminal record
  • Fill out the appropriate forms
  • File the forms with the Illinois Circuit Clerk
  • Attend court hearing with all relevant material
  • If the petition is denied, ask for reconsideration

 A crime will most likely be expunged if the person has no prior history of criminal behavior. It is also good to have evidence such as proof of completion of a drug program or a letter of recommendation from someone who can show the court that the petitioner is not likely to repeat their offense.

What Crimes Can and Cannot Be Expunged?

Illinois does not allow every crime to be expunged from the record and it is wise to know whether a crime can be expunged before going through the process. This eliminates disappointment later on when the petition is denied.

Crimes that cannot be expunged include:

  • A federal conviction outside of Illinois
  • Minor traffic offenses
  • Convictions for misdemeanors or felonies
  • Court supervision that was not completed
  • Court supervision for reckless driving or DUI
  • Court supervision for sexual abuse of a minor

Arrests made for a misdemeanor or felony crimes which did not lead to conviction are eligible for expungement along with:

  • Convictions of a misdemeanor or felony charges which were reversed or pardoned
  • The petitioner is an honorably discharged veteran
  • Sentences for supervision if the waiting period has passed
  • Sentences of qualified probation if five years have passed

Contact an Elgin, IL Expungement Lawyer

It can be an overwhelming process to petition for expungement. Hiring a lawyer from the Law Offices of Brian J. Mirandola can help alleviate confusion and help you figure out if your crime is eligible for expungement. Our lawyers can also represent you when you go to court and fight to clear your record. To schedule a free consultation with a Kane County expungement lawyer, call our office at 847-488-0889.

 

Sources:

https://www.illinoislegalaid.org/legal-information/criminal-offenses-can-be-expunged-or-sealed

https://www.illinoislegalaid.org/legal-information/starting-case-expunge-or-seal-criminal-record

https://www.illinoislegalaid.org/legal-information/expunging-or-sealing-criminal-record

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IL domestic violence lawyerAbuse or domestic violence can come in all varieties. An alleged abuser can physically harm their victim or they can cause mental harm by verbal abuse or manipulation. Whichever form it comes in, domestic violence is a serious crime that can change the dynamic of a household.

Kidnapping is a felony offense and while it may not be directly considered domestic violence, in Illinois it is a way that an alleged abuser can violate an order of protection. This will bring about further consequences to the kidnapper.

What is an Order of Protection?

Most cases of domestic violence are when the woman in the relationship is the victim to the man. Some other cases see children as the victims to either parent. For each case, though, victims of domestic violence can elect to put an order of protection in place.

They do this by:

  • Reporting the abuse
  • Asking an attorney to file for one in civil court
  • Ask for one during a divorce
  • Request one during the criminal trial for abuse
  • Obtain papers from the circuit clerk’s office
  • Ask help from a domestic violence program

Once the protection order is in place, the alleged abuser will be barred from contact with the victim(s). This includes contact via physical proximity as well as phone calls or emails. In the end, protection orders serve the purpose of halting the abuse and protecting the victims.

Violation of a protection order is a Class A misdemeanor in Illinois. Abusers can go to jail for up to one year and/or pay a fine of $25 for first offenses.

How Does Kidnapping Violate a Protection Order?

Since an order of protection limits contact between abuser and victims, kidnapping goes against how the court expects an alleged abuser to behave.

Illinois law defines kidnapping as:

  • Secretly confining a victim without their consent
  • Forcibly carrying a person from one place to another with intent to conceal them without their consent
  • Deceiving a person to come with an alleged kidnapper to a secret place
  • Keeping a child away from his/her parent

These crimes are charged as a Class 2 felony in Illinois which the alleged abuser will face on top of punishments for violating a protection order.

Contact an Elgin, IL Domestic Violence Lawyer

Domestic violence cases can get messy if one person tries to seek vengeance against the other person. An alleged abuser could be framed for violating a protection order if the victim wants more justice than is lawful. If you are fighting charges for violating an order of protection, contact a lawyer from the Law Offices of Brian J. Mirandola to protect your rights. To schedule a free consultation with a Kane County domestic violence lawyer, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=12200000&SeqEnd=13600000

https://illinoisattorneygeneral.gov/women/ordersofprotection.html

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Avvo Illinois State Bar Association Kane COunty Bar Association
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