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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 Felonies

Kane County defense attorney

Facing felony charges comes with significant stress and uncertainty. In all reality, it is important to act quickly after the initial arrest. With an aggressive and comprehensive legal strategy, it is possible you could secure a lesser charge, or avoid a conviction altogether. In Illinois, a felony charge can carry substantial jail time and devastating fines. Immediately after your arrest, it is critical to seek the guidance of an experienced criminal defense attorney who you can believe in. 

Common Illinois Felonies

Here in the state of Illinois, even a Class 4 felony (the lowest of Illinois' felonies) can bring up to $25,000 in fines and as many as three years in prison. Listed below are some of the most common felonies committed throughout the state:

Aggravated DUI: According to Illinois state law, a drinking and driving arrest can be elevated to an aggravated DUI in a number of situations. If a person is convicted of a third or any subsequent DUIs, they will likely face Class 2 felony charges. Other aggravating factors include driving under the influence without a valid driver’s license, while transporting a child, or causing bodily harm to another party. 

Drug Crimes: When facing a drug charge in the state of Illinois, the severity of the charges depend on the type of substance and the quantity. Displayed within 720 ILCS 570/402, possession of drugs such as heroin or cocaine constitute a felony charge, for any amount. If you are found with less than 1 gram, you will likely face a Class 4 felony charge. As the quantity increases, the legal severity does as well. If you are apprehended with an excess of 15 grams of either heroin or cocaine, you could face as many as 15 years in prison. For more information on the implications of a felony drug charge, speak with a legal professional. 

Other Felony Crimes: A felony charge can dramatically impact the rest of your life. From difficulty securing employment or residential opportunities to substantial fines and possible jail time, an arrest of such magnitude should not be taken lightly. Other common felonies committed throughout the state of Illinois include burglary, motor vehicle theft, and forgery. In the event of an arrest, seek out legal assistance immediately.  

Contact an Elgin, IL Felony Defense Lawyer 

With years of legal experience within the state of Illinois, Attorney Brian J. Mirandola relentlessly represents his clients in order to secure the best possible legal outcome. Through consultation regarding the arrest and the development of a precise strategy, a skilled attorney can help you secure a reduction of charges or complete dismissal. To schedule your free consultation with an experienced Kane County criminal defense attorney, contact us today at 847-488-0889. 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K402

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

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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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Posted on in DUI

felony, Elgin criminal defense attorneyWhen you are charged with the criminal offense of driving under the influence (DUI), it has the potential to change your life forever. Regardless of whether you are ultimately convicted, your license can be suspended, leading to difficulties keeping your commitments—including work. If you are convicted, you could even spend time in jail.

Basics of DUI Offenses

Just your first DUI offense can result in the loss of driving privileges for up to six months. In many cases—especially if it is your first offense—you are likely to qualify for a Monitoring Device Driving Permit which allows you drive legally while your license is technically suspended.  Participation in this program, however, means that you must install a Breath-Alcohol Ignition Interlock Device (BAIID) in your vehicle. Before your car will start, you must use the BAIID to prove that your blood-alcohol content (BAC) is below the acceptable limits set by the program.

Illinois is an implied consent state which means by driving on the streets and highways of the state, you agree to submit to BAC chemical testing when you are suspected of drunk driving. If you refuse when asked, your license will automatically be suspended for the maximum time of 12 months for a first offense. While there are many factors that may come into play, the average cost of a DUI in Illinois is approximately $16,000 when all is said and done.

Felony DUI Charges  

If that seems like a devastating situation, it is hardly comparable to that of a felony DUI conviction. A felony conviction, as you might expect is even worse, bringing with it harsher punishments and higher fines in most cases.

Every year in the state of Illinois, roughly 300 people die in alcohol-related crashes. As such, it is understandable that the state would have enacted strict laws for the most serious situations. You could face charges of aggravated DUI—always a felony—if you were driving under the influence and caused an accident which resulted in serious injury or death to another person. Felony DUI charges may also be applicable if you have previous DUI convictions on your record. In Illinois, a third DUI offense is automatically a felony charge.

You could also be charged with a Class 4 felony DUI even for a first offense if a minor under the age of 16 was in the car at the time of the incident and the child was injured as a result.  If this occurs and the driver has a previous DUI conviction, the charge may be elevated to a Class 2 felony.

Seek Legal Help

If you have been charged with a DUI of any class or severity, contact an experienced Kane County DUI defense attorney. We can help you explore your options and work with you in making the best choices for your future. Call 847-488-0889 for a free consultation at The The Law Office of Brian J. Mirandola today.

Sources:

http://www.isp.state.il.us/traffic/drnkdriving.cfm

http://www.madd.org/laws/law-overview/DUI_Felony_Overview.pdf

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

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