The Law Office of Brian J. Mirandola

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47 DuPage Court, Elgin, IL 60120

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Posted on in DUI

Aurora, IL, Defense Attorney

Here in the state of Illinois, drunk driving accidents make up 30 percent of all statewide motor vehicle crash fatalities. Because of the large number of drunk driving deaths, law enforcement officials have cracked down on DUIs in Illinois, making over 27,000 DUI arrests in 2017 alone. If you have been pulled over by a police officer, and have been drinking, it is easy to feel as if you have no options other than to submit to blood alcohol concentration (BAC) testing, but it is important to note that it is not a crime to refuse a DUI test

BAC Test Refusal

As a driver in the state of Illinois, you imply consent to be DUI tested when you receive your driver’s license. That means refusing a BAC test is not a criminal offense, but rather an administrative offense. 

While there are a number of options for law enforcement to test your BAC after pulling you over, including urine or blood drawings, the most common testing method is through the use of a breathalyzer. This is a device used to test the BAC of a person under suspicion of DUI, with the use of a breath sample. 

It is important to note that refusing a breathalyzer can come with harsh legal consequences. A first-time offender will likely face an immediate license suspension of one year. A subsequent refusal can result in a three-year suspension. Still, by refusing to take a breathalyzer, you limit the prosecution to only the officer’s personal account of the incident. 

If you do take the test and are over the legal limit of .08, while it can be difficult to avoid a DUI conviction, it is not impossible. A skilled attorney can investigate the facts of your case and formulate the best possible course of action.

Contact an Elgin, IL DUI Defense Lawyer 

With more than a decade of legal experience in the state of Illinois, including as an assistant state’s attorney, Brian J. Mirandola is well equipped to fight for your rights. If you have been arrested on DUI charges, it is critical to understand the potential ramifications of a conviction. Our legal team will fight to keep a conviction off your record and can help preserve your driving privileges. To schedule a free consultation with an experienced Kane County criminal defense attorney, call us today at 847-488-0889. 

Sources:

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

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Kane County License Reinstatement Lawyer

Driver’s license suspension and revocation are typically only used after serious moving violations such as DUI charges, fleeing the scene of an accident that resulted in bodily injury, and various forms of overt reckless driving. If your license has been suspended or revoked, it is possible to receive a restricted driving permit (RDP) so you can go to work and accomplish other normal daily tasks. 

To obtain a restricted driving permit, you want to enlist the help of a skilled legal professional who knows how to navigate the process with your best interests in mind. 

Restricted Driving Permits in Illinois 

Here in the state of Illinois, a restricted driving permit can only be obtained under specific conditions. First, those looking to get an RDP must prove a hardship exists, for instance, if you need a vehicle to get to and from work, or you cannot properly care for your children without driving privileges. Once you have established your need for the permit, you must submit proof of a professionally administered drug and alcohol evaluation, to ensure there is not a serious substance abuse issue that can impact your ability to live up to RDP terms. 

After submission of the necessary paperwork, it is time to work with your attorney to prepare for your appearance before a hearing officer. This officer is appointed by the Illinois Secretary of State’s Department of Administrative Hearings. They will review your prior driving history to determine the likelihood that you are a risk for other travelers. If you have been convicted of multiple alcohol-related traffic violations, you must have a breath-alcohol ignition interlock device (BAIID) installed in your vehicle before obtaining your restricted driving permit. This device ensures a vehicle will not start until the driver passes a breathalyzer test.

Once you have received a restricted driving permit, it is critically important to follow all traffic rules and regulations. It is also crucial that you fully understand and follow the stipulations that allowed you to receive your RDP in the first place. For instance, if you are only allowed to drive to and from your place of employment, you could lose your driving privileges if you choose to operate your vehicle outside of those agreed-upon conditions. 

Contact an Elgin Suspended License Lawyer 

If you were charged with a violation that may cause license suspension or revocation, seek out a legal team you can believe in. Criminal defense lawyer Brian J. Mirandola has extensive experience helping clients get restricted driving permits and other allowances that let them maintain their normal lives. To set up a free consultation with a Kane County criminal defense attorney, contact us today at 847-488-0889. 

Sources:

http://www.cyberdriveillinois.com/departments/BAIID/rdp.html

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Kane County CDL Lawyer

For Illinois drivers, a Class D license is for standard motor vehicles, and Class A, B, and C are considered a commercial driver’s license (CDL). While a license suspension can have a significant impact on regular drivers, it can put a CDL holder's livelihood at risk.

For CDL drivers who transport material goods and supplies across the country, a suspension of driving privileges means they cannot perform the duties of their job, and driver’s license reinstatement becomes imperative. 

Here are some answers to common CDL-related questions:

Can I Obtain a CLP with a Suspended License?

Illinois state law requires a valid Class D license to obtain a Commercial Learner’s Permit (CLP), which spans 180 days. Your regular license must be valid for that entire duration to earn a CLP. Therefore, if your base license is suspended before course completion, a CLP will not be issued.

Does One License Suspension Affect Another?

Truck drivers often wonder if they lose their commercial driver’s license, do they keep their base license, or vice-versa. As a commercial driver, you are held to a higher standard than other drivers on the road. Not only do you have more training and practice, you also typically have a significantly larger vehicle while on the job. Even if you are behind the wheel of your family car, receiving a DUI citation or other driving violation also affects your CDL. For example: If you lose your non-CDL license due to alcohol impairment while driving, you also lose your CDL for one year. If, however, only your CDL is suspended or revoked, under certain circumstances, you may apply to keep limited driving privileges for a private, non-commercial vehicle.

Ask a Kane County CDL Defense Attorney

If you are a CDL holder, and either of your licenses face suspension, you should speak with an Illinois CDL defense attorney as soon as possible. If you act fast, your lawyer might help prevent the suspension or achieve full reinstatement. The Law Offices of Brian J. Mirandola understand how necessary your license is for you and your family. We have more than 20 years of experience helping people get back on the road. Find out how we can help by calling our office today at 847-488-0889 to schedule your free initial consultation.

Sources:

https://www.drive-safely.net/illinois-drivers-license-classifications/

https://cyberdriveillinois.com/departments/drivers/drivers_license/CDL/cdl.htm

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Kane County driver's license reinstatement attorney

A formal Illinois driver’s license reinstatement hearing is a source of concern for many drivers who wish to regain their driving privileges after a serious offense. The days and weeks leading up to the hearing often reveal many uncertainties, like what to bring, what to wear, and the overall likelihood of success. 

Along with experienced legal representation, these tips can help ensure a positive outcome to your hearing:

Bring Necessary Supporting Documents

All documentation must be in the original format for a successful submission. Your hearing risks denial if the necessary forms are either photocopies or unavailable. One requirement is the drug and alcohol evaluation report, because it determines the risk category for which you qualify. The Secretary of State representative will also want to see other information supporting the claim that you will not be a threat to other drivers upon return of your driving privileges. Potential supporting documents include treatment documentation from a licensed facility and character letters.

Dress Appropriately

Although it may seem like a minor detail, what you wear to court can dramatically impact the result of your hearing. You never get a second chance to make a good first impression, much of which is formed by your physical appearance within seconds of introduction. Therefore, you should wear something that not only displays respect, but also indicates you understand the severity of your case. Minimally, the dress code is business casual, which includes:

  • Well-fitting dress pants in a neutral color, such as black, tan, grey, or navy.
  • A fitted button-down collared white shirt with a tie for males.
  • A blouse without a low neckline and that covers the belly-button for females.
  • Grooming that contributes to a professional appearance.
  • Close-toed dress shoes.
  • No hats or excessive jewelry.

Prepare With a Kane County Criminal Defense Lawyer

If you have an upcoming formal hearing, an Elgin driver’s license reinstatement attorney can help you develop and strengthen your argument. You can expect an in-depth interrogation from the Secretary of State hearing officer, which can include more than 100 questions, in addition to your testimony. At the Law Offices of Brian J. Mirandola, we can gather the necessary documents and prepare you for questioning, so you can answer the toughest questions with ease. We will help you create a testimony that leaves little doubt as to whether you are trustworthy behind the wheel. Call us today at 847-488-0889 to schedule your free personalized consultation.

Sources:

http://www.cyberdriveillinois.com/departments/administrative_hearings/home.html

http://www.cyberdriveillinois.com/departments/BAIID/reinstate.html

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Kane County license reinstatement attorneysWhen you have been convicted on charges of driving under the influence of alcohol or drugs, there are a many considerations that could influence the severity of your sentence and your ability to drive again in the future. In most situations, the penalties for a DUI conviction will include the revocation of your driving privileges for at least one year for first-time offenders, with much longer revocations possible for repeat offenders. Once your driver’s license has been revoked, it is possible to get your license reinstated, but getting back on the road can be long, tough journey with many requirements with which you must comply.

DUI Evaluations

Before you can qualify for license reinstatement—or even for a restricted driving permit—you will be required to undergo an alcohol and drug evaluation with an approved, licensed provider. The purpose of the evaluation is to analyze your use or dependence on alcohol or drugs and to establish the risk—if any—you present to public safety. Your evaluation will include:

  • A review of your driving history;
  • Blood-alcohol content (BAC) test results;
  • A standardized Objective Test in the appropriate category; and
  • An interview with the evaluator.

The interview will focus on your past and present relationship with drugs and alcohol and how it relates to your driving record and abilities. Any responses that you give will be verified by a review of your driving history, test results, and, possibly, court records. If there are any discrepancies, you will need to reconcile them with the evaluator. Failure to do so will invalidate the evaluation leading to a denial of the reinstatement of your license or a requirement for you to undergo and pay for another evaluation.

Risk Levels

Evaluators are screened and trained by the Illinois Department of Human Services, Division of Alcoholism and Substance Abuse. Based on the results of your evaluation, your risk level will be classified as:

  • Minimal risk;
  • Moderate risk;
  • Significant risk; or
  • High risk.

Each classification carries with it increasingly demanding requirements for alcohol and substance abuse education and treatment. These recommendations are provided to the Office of the Secretary of State, and must usually be completed before your driver’s license will be reinstated.

Work With a Knowledgeable Lawyer

If you are working toward getting your driving privileges reinstated, the assistance of an experienced Kane County license reinstatement attorney can be invaluable. Contact The Law Office of Brian J. Mirandola today to schedule your free consultation and find out how we can help you get back on the road sooner than you may have thought possible.

 

Sources:

http://www.dhs.state.il.us/page.aspx?item=44177

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

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Avvo Illinois State Bar Association Kane COunty Bar Association
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