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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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DUI defense attorneyFamilies who are expecting a child have high hopes for the future. If that future happens to be snatched away during an accident with an intoxicated driver, the end result can be catastrophic. A family loses a child they were planning for, and the intoxicated driver is left to deal with the guilt and consequences of their actions. In such a case, the consequences could include a felony DUI conviction.

Illinois Considers an Unborn Fetus a Life in DUI Accidents

Paying the price for an unborn fetus might seem unfair, but the state of Illinois considers it a life. This means you could potentially face the very same charges for the death of a fetus as you would have for the death of another human being. In short, you could be charged with an aggravated DUI, which is a felony charge in the state of Illinois.

Consequences of a Felony DUI in Illinois

In addition to having a DUI conviction on your driving record, suspension of your license, fines, administrative fees, and lost time from work, those facing felony DUI charges may experience a prison sentence, probation, and mandatory community service. They may also be required to pay restitution to the victim’s family. Further, having a felony on your criminal record can make it difficult to obtain housing and employment once you are released from prison. A felony DUI conviction also remains on your record for the rest of your life.

Avoiding the Potential Consequences of a Felony DUI

Living with the guilt of your decision is not an easy task. It is only made all the more difficult when you realize that you could spend a great deal of time in jail and that the course of your entire life may be forever altered. You should not have to deal with both. Instead, fight back against your DUI charges and seek experienced legal assistance. Though every situation is different, and outcomes will vary, it may be possible to mitigate the consequences and reduce the severity of your situation.

Contact a Kane County Criminal Defense Lawyer

If you or someone you love is facing felony charges for an aggravated DUI, contact an experienced DUI defense lawyer in Elgin.  At The The Law Office of Brian J. Mirandola, we have the knowledge and skills to help you protect your rights and your best interests. No matter how serious the charges against you may be, we aggressively pursue the most favorable outcome possible. Schedule your free consultation by calling 847-488-0889 today.

Sources:

http://www.sj-r.com/news/20161024/man-faces-dui-charge-after-wreck-kills-woman-unborn-son

http://www.ncsl.org/research/health/fetal-homicide-state-laws.aspx

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

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breathalyzer, Elgin DUI defense attorneyIn Star Wars Episode I: The Phantom Menace, the wise Jedi master Yoda offers this sage advice: "Fear is the path that leads to the dark side." There is no question that fear makes people do some pretty strange things. When we are afraid, we may lash out at close friends and loved ones, we may turn inward and become self-destructive, and we may act in ways that are very uncharacteristic. Fear is also often of the strongest emotions present when a person is pulled over on suspicion of drunk driving—fear of conviction, license suspension, and other penalties—and some drivers will do just about anything to escape prosecution.

One Poor Choice After Another

Earlier this week, a man in Rock Hill, South Carolina was pulled over by local police after law enforcement officers observed the man’s car swerving and crossing the center line several times. As the prepared to approach the car, officers say they saw the driver "actively spraying AXE body spray into his mouth," and included the observation in their police report. When they asked the man what he was doing, the report states that he told them he was just applying the spray from "head to toe."

It is unclear whether the driver hoped to mask the smell of alcohol on his person or if he thought the spray might taint the results of a breathalyzer test. Either way, the man reportedly failed three separate field sobriety tests and was arrested on charges of driving under the influence.

Myths About Breath Tests

You may have heard that if you need to drive when you are at or near the legal limit, you should keep mouthwash or mints in your car. Some may have even suggested sucking on a penny or other tricks for beating a breathalyzer. While certain substances—alcohol-based mouthwash, for example—could temporarily increase the amount of alcohol in your breath, a properly administered breathalyzer takes such methods into account. In most cases, the official test will not be administered until you have been observed for at least 15 minutes without putting anything in your mouth, thereby limiting the effect of masking or tainting agents.

This is not to say that breathalyzers are perfect or that the testing procedure is always beyond reproach. But, rather than wasting your time on trying to fool the machine, you may be better off simply exercising your right to refuse such a test, even though a statutory summary suspension may result.

Call Our Office Today

If you have been arrested on DUI charges or a facing a license suspension for failing or refusing a breathalyzer test, you need legal help. Call an experienced Elgin DUI defense attorney at The The Law Office of Brian J. Mirandola today. We will provide the guidance you need throughout the proceedings and can even help you get back on the road sooner than you may have thought possible.

Sources:

http://www.starwars.com/news/the-starwars-com-10-best-yoda-quotes

http://www.kptv.com/story/33715769/police-man-sprayed-axe-body-spray-into-mouth-during-dui-stop

http://www.lifeguardbreathtester.com/Select_Breath/pbt_myths.shtml

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Posted on in DUI

baiid, Elgin criminal defense attorneyIf you know someone that was ever arrested on charges of drunk driving, he or she may have explained to you a little bit about the difficulties such an arrest can impose on one’s life. Of course, there are criminal penalties associated with a conviction on DUI charges, but those are far from the only challenges. In many cases, a driver charged with DUI is required to install a breath-alcohol ignition interlock device (BAIID) on his or her vehicle as a condition of the reinstatement of his or her driving privileges.

What Is a BAIID?

Simply put, a BAIID is breathalyzer machine that is installed in a car or truck that prevents the vehicle from starting if the driver’s breath contains too much alcohol. The device is able to convert the concentration of alcohol in a breath sample to an equivalent blood-alcohol content (BAC), which provides a measure of intoxication. If the driver’s BAC level is 0.025 percent or higher, the vehicle will not start. BAIIDs in Illinois are also equipped with a camera that snaps a photo of the person providing the sample to ensure that the sample collected belongs to the person operating the vehicle.

Who Must Use a BAIID?

The installation and use of a BAIID are required for any first-time DUI offender who wishes to drive during the statutory summary suspension that accompanies a failed or refused BAC chemical test. A person who wishes to drive after a second, third, or fourth DUI convictions may apply for a restricted driving permit. If the restricted driving permit is granted—in accordance with regulations set forth for the respective situation—the driver must have a BAIID installed in all vehicles registered in his or her name. Depending on the case, the BAIID could be required for the rest of the driver’s life.

Associated Costs

While the law permits the use of BAIIDs to facilitate safe driving following a DUI charge or conviction, the state of Illinois is not responsible for the costs involved. Instead, the driver is required to cover any and expenses associated with the installation, rental, and monitoring of the device. Most devices cost about $85 to install and are rented at $85 per month, payable to the vendor of the device. The driver must also pay $30 per month in monitoring fees to the Secretary of State’s Office.

Get Back on the Road

Using a BAIID is just one of the steps you will need to take as you look to have your full driving privileges reinstated following a suspension or revocation of your license. Contact an experienced driver’s license reinstatement lawyer in Elgin to learn more about the process. Call 847-488-0889 for a free consultation at The The Law Office of Brian J. Mirandola today.

Sources:

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

https://www.cyberdriveillinois.com/publications/pdf_publications/baiid3.pdf

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Posted on in DUI

four-time, Elgin DUI defense attorneyBeing convicted of driving under the influence (DUI) is always very serious, even if it is your first offense. In addition to expensive fines and possible imprisonment, you will almost certainly be subject to the suspension or revocation of your driver’s license. With multiple convictions, the penalties get much more severe on all fronts. Fines increase, potential prison sentences are longer, and revoked driver’s licenses become harder to reinstate. In fact, according to Illinois law, up until this year, drivers who were convicted of DUI on four separate occasions were automatically subject to a permanent license revocation, meaning they could never legally drive again.

The Old Way of Thinking

The ban on driving for those convicted of DUI four times was based on two premises. First, a person with four DUI convictions had all but proven by his or her actions that he or she could not be trusted to only drive when sober. This, in effect, meant that the person was a threat to public safety. The second idea was that of punishment. Not being able to drive created a serious inconvenience to the individual forcing them to find other modes of transportation.

New Technology, New Opportunities

Over the last several decades, the technology used by law enforcement to measure the blood-alcohol content (BAC) of a driver has become much more readily available to the general public. When integrated into the ignition system of a vehicle, such devices are able to prevent the car from starting if the provided breath sample registers an alcohol content above a certain limit. This means that a driver who is drunk would not be able to start the vehicle, let alone drive it while under the influence, all but eliminating the public danger associated with that person driving while intoxicated.

Last summer, Illinois lawmakers decided that it was time to expand opportunities for those who had been convicted of four DUIs—a number that totaled about 5,000 at the beginning of 2016. Thanks to a new law which took effect on January 1, it is now possible for four-time DUI offenders in Illinois to apply for partial driver’s license reinstatement. Those who are approved will be limited to operating vehicles with a breath-alcohol ignition interlock device (BAIID) installed on them.

Proof of Rehabilitation

Before an applicant can be approved, the Secretary of State’s Office will require proof that he or she has made changes to his or her life. An applicant may use affidavits, treatment reports, and other evidence to show that he or she has been completely free from drugs and alcohol for three years, and is ready to take a new approach to safe driving.

Getting your license back after a DUI can be challenging, but you do not have to go through the process alone. Contact an experienced Elgin driver’s license reinstatement attorney today for help. Call 847-488-0889 for a free consultation at The The Law Office of Brian J. Mirandola and let us provide the guidance and support you need during a difficult time.

Sources:

http://kwqc.com/2015/09/21/new-illinois-law-to-allow-four-time-dui-offenders-another-chance/

https://www.cyberdriveillinois.com/publications/pdf_publications/baiid3.pdf

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