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Elgin IL texting and driving defense lawyerWhen you are behind the wheel, you are required to follow a multitude of different driving laws, and these are meant to protect the safety of everyone who uses the roads. Understanding these laws can not only reduce the chances of being involved in car accidents or other situations that put you or others in danger, but it can also help you avoid traffic violations. However, people often make mistakes, and you could find yourself being pulled over by a police officer and facing a traffic ticket for texting while driving or other violations. In these cases, you will want to understand exactly how Illinois law applies to your situation, including the penalties that may apply for a violation.

Illinois Law Regarding Cell Phones and Electronic Devices

In Illinois, drivers are prohibited from using “electronic communication devices” while operating a vehicle on a roadway. Electronic communication devices include cell phones, as well as other handheld or portable computers and GPS or navigation devices that are not integrated into a vehicle. Prohibited uses of these devices include making calls (except in hands-free mode), reading or sending text messages or emails, or watching or streaming videos.

Drivers are allowed to use cell phones in hands-free or voice-operated modes, including through the use of a headset, as long as they can make or answer a call by pressing a single button. Drivers are also allowed to use a phone to report an emergency situation and communicate with emergency personnel, and they can use electronic devices while parked on a road’s shoulder or when they are stopped because of obstructed traffic, as long as their vehicle is in neutral or park.

Use of an electronic communication device while driving is a moving violation that can result in points being added to a person’s driving record. If a person commits three or more moving violations in a single year, their driver’s license may be suspended. Fines for texting while driving or other prohibited uses of electronic devices are $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense.

A driver will face more serious charges if texting while driving leads to a serious car accident. If an accident causes someone to suffer great bodily harm, permanent disability, or disfigurement, a person may be charged with a Class A misdemeanor, their license may be suspended for up to one year, and they will face a minimum $1,000 fine. If an accident results in someone’s death, a person may be charged with a Class 4 felony

Contact an Elgin Traffic Violation Attorney

Since texting while driving can result in dangerous accidents and serious injuries, this offense is taken very seriously, and drivers can face a variety of penalties that affect their license, their insurance rates, and their ability to continue driving. If you need help defending against these types of traffic violations, The Law Office of Brian J. Mirandola can help you understand your legal options, and we will work to protect your license and ensure that you can avoid serious penalties when possible. Contact a Kane County traffic ticket defense lawyer at 847-488-0889 to schedule a free consultation.

 

Sources:

https://ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K12-610.2

https://will.illinois.edu/legalissuesinthenews/program/new-texting-and-driving-laws-in-illinois

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IL defense lawyerThere is a wide range of traffic offenses in Illinois, and they all result in penalties of some sort. To determine how severe a punishment a particular offense warrants, the Illinois DMV uses a "point system" to grade an offense. To understand how penalties are issued for traffic offenses in Illinois, you should take a closer look at this point system. If you ever face charges for traffic offenses, seek the guidance of a skilled and reliable traffic offenses attorney.

Illinois Traffic Offense Point System

The Secretary of State's office divides traffic offenses into three categories:

  • Immediate action: This is an immediate suspension or revocation of a driver's license.
  • Non-point assigned: These do not directly result in punishment but can be used with other circumstances. For example, if a driver commits a non-point assigned offense while their license is suspended, a penalty may follow.
  • Point assigned: The point value of the offense determines the punishment. Drivers who are at least 21 years old will be subject to a penalty after three or more traffic violation convictions in 24 months, drivers under the age of 21 after two or more offenses. The points issued by the convictions will be summed to determine the penalty.

This point system results in the following punishments for drivers over 21 years old based on the points accrued by a driver during a given time frame:

  • 0-14 points: No action
  • 15-44 points: Two-month suspension, 12-month suspension if a driver has two prior suspensions on their record
  • 45-74 points: Same as preceding category, but with a minimum 6-month suspension
  • 75-89 points: Driver's license suspended for 12 months if the driver has one previous suspension
  • 90-99: Minimum nine-month suspension
  • 100-109: Minimum 12-month suspension
  • 110+: License revocation

The punishments for drivers who are younger than 21 are similar, but their license will be revoked after 80 points.

Despite this point system's strict nature, all drivers are permitted to request a hearing to contest the grounds for suspension or revocation. With the right attorney, you stand a better chance at lowering or eliminating charges.

Contact an Elgin, IL Defense Attorney

Traffic violations are not taken lightly in Illinois, so you will need to present a rigorous defense if you wish to contest a license suspension or revocation. To get off to a good start, speak with The Law Office of Brian J. Mirandola. Brian has seven years of experience as a Kane County prosecutor, and he will use his experience to defend your case. To schedule a free consultation with an Elgin, IL traffic violations defense lawyer, call 847-488-0889.

 

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_dc19.pdf

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IL defense lawyerThe road is dangerous enough on its own, but when driving through a construction zone, there are many other obstacles to be aware of. Therefore, instead of speeding up, drivers are expected to slow down and be extra alert in case of holes in the road, barricades, and workers doing their jobs.

Speeding within a construction zone is a traffic violation and can be considered reckless driving. This is because a driver who is traveling too fast through a work zone is putting themselves, other drivers, and construction workers at risk of injury or death.

Punishments can be as simple as a traffic ticket for speeding in a construction zone or as serious as facing felony reckless homicide penalties.

Rules of Construction Zones

The Illinois Department of Transportation reported that from 2010-14 there were 4,500 motor vehicle crashes within construction zones. Of that number, 1,100 people were injured and 27 were killed.

The two most common reasons for these collisions are distracted drivers and speeding. Whether there are workers present or not, a car can be pulled over for speeding and be issued a ticket. An appearance in court is mandatory after a violation as well as paying a fine:

  • $375 for first offenders
  • $1,000 for second and subsequent offenders

If a driver commits two speeding offenses within a construction zone in the span of two years, the Illinois Secretary of State will suspend the driver’s license for a period of 90 days.

Enforcement in Construction Zones

Of course, there can be police officers posted at construction zones to catch people speeding. There are also photo speed enforcement devices that can be set up in construction zones when no police officers are physically present, but workers are.

These devices capture images of the speeding vehicle including license plates and the rate of speed the car is traveling. Then, authorities have 14 days to mail the ticket or else the driver cannot be charged for the crime.

Severe Results from Speeding in Construction Zones

If a driver is traveling too fast through a work zone, they are less likely to see workers who are doing their jobs. Often, construction zones are full of large equipment that is hard to see around and so motorists should slow down in case a worker suddenly appears from behind a large object.

If a worker is hit and killed by a motorist, that driver can face a Class 2 felony charge of reckless homicide. This punishment is a prison term of 3-14 years.

Contact an Elgin, IL Traffic Violation Attorney

Being issued a speeding ticket within a construction zone does not mean the driver will automatically have to pay the fine. Drivers can appear in court with a knowledgeable attorney who can build a defense. The lawyers of the Law Office of Brian J. Mirandola can make sure the ticket was not issued unlawfully or that the driver’s right were being violated in any way during the traffic stop. To schedule an appointment with a Kane County traffic violations lawyer, call our office at 847-488-0889.

 

Source:

http://www.idot.illinois.gov/assets/uploads/files/travel-information/pamphlets-&-brochures/workzone%20il%20fact%20sheet.pdf

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b2ap3_thumbnail_stop.jpgOver the years, drivers have become more and more aggressive on the road. A lot of drivers push the speed limits; in a hurry to get where they are going. Others have gotten into the habit of running red lights or not stopping at stop signs. In a recent study by AAA, 939 people were killed nationwide as a result of drivers failing to stop at intersections that require them to stop for other cars or pedestrians. Because of this statistic, drivers who fail to stop could potentially be charged with reckless driving or even reckless homicide in cases where a person was killed.

Why It Is Important to Obey Stop Signs/Lights

The amount of people who travel in cars has also increased year after year, making the roadways a busy place. It is important that everyone obey the rules of the road to avoid collisions that could potentially involve many cars.

In Illinois, drivers are required to come to a complete stop at a red light or a stop sign. If at a light, drivers must remain stationary until the light turns green. At a stop sign, drivers must yield to the right-of-way rule which states that whoever stops at their stop sign first can cross the intersection first. Drivers turning left usually have to wait until other drivers make their turns before they make theirs.

Pedestrians always have the right-of-way at intersections that are marked with stop signs. All drivers must stop when they see pedestrians crossing their side of the road.

The exception to red light stops is for people who are making a right turn at a light. Drivers must still stop before making their turn in order to check on-coming traffic. When it is safe - and there are no pedestrians crossing - drivers can make their right turns.

Otherwise, those who drive through a red light will:

  • Be fined $120 for a traffic violation
  • Be fined $100 if caught by an automatic traffic camera
  • Have 20 demerit points added to their driving record

Reckless Driving Punishments

Illinois law says that reckless driving is the operation of a motor vehicle in a way that puts others on the road in danger. Driving through red lights or stop signs falls under this definition because other drivers or pedestrians are not prepared for someone to continue through an intersection when there is a signal to stop.

Reckless driving is punishable as a Class A misdemeanor in Illinois with punishments including:

  • Up to one year in jail
  • Fines of up to $2,500 and court fees
  • Suspension of license if a driver already has two strikes on their record

Worse penalties come if a person is killed by a driver running a stop signal. The driver will face reckless homicide charges; a Class 3 felony in Illinois punishable by 3-5 years in prison and a fine of up to $25,000.

Contact an Elgin, IL Reckless Driving Attorney

Sometimes people think they have more time to get through an intersection before the light turns red or they can just ignore the stop sign because there is no one else at the intersection. Or they could just miss the stop sign completely if they are on an unfamiliar road. The lawyers of the Law Offices of Brian J. Mirandola can protect you from the more severe penalties to keep your driving record clean. To schedule a free consultation with a Kane County reckless driving lawyer, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+11&ActID=1815&ChapterID=49&SeqStart=109500000&SeqEnd=134100000

https://illinoisrecklessdriving.com/law-penalties/

https://newsroom.aaa.com/2019/08/red-light-running-deaths-hit-10-year-high/

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