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IL defense lawyerEven though a traffic offense may require you to attend traffic court in Illinois, you still have a range of rights that you should use to your advantage. Regardless of the charges you face, a skilled traffic offense attorney will not only help you understand your rights but how they apply in your case. With the right knowledge and preparation, you have the best chance of limiting or dismissing charges altogether.

Your Rights and Illinois Traffic Courts

A simple view of Illinois traffic court is that a person charged with a traffic violation must appear before a court to appeal their case. Although this is partially true, it does not present the full picture and all of the tools at your disposal.

When you appear before a traffic court, you have the right to an attorney. To be represented by an attorney, you must be charged with a traffic offense that could result in imprisonment. Even if you cannot afford an attorney, the court will appoint you one if you face charges of this magnitude. To have the court assign you an attorney, you must prove financial hardship by sharing

  • A current pay stub
  • Your W-2
  • Proof of disability or Social Security income
  • Proof of public assistance
  • More documents depending on your circumstances and what the court deems necessary

Even if the court does not charge you with an offense punishable by jail time, you still have the right to an attorney. However, in this case, if you cannot afford to hire an attorney, the court will not appoint you one.

Also, you have a right to confrontation. If you face charges, you do not have to grimly accept the prosecution’s claims. You can cross-examine the prosecution, even if they are a police officer. To support your case, you may bring witness testimony to court.

Lastly, you have a right to an appeal. Even after a judge makes a decision, you can appeal your case to the Illinois Appellate Court. You must file this appeal within 30 days after the traffic court decided on your case. When you use all of these rights to their fullest potential, you increase your chances of reaching an ideal outcome.

Contact a Kane County Traffic Offense Attorney

Traffic court does not have to pose as stressful of an experience as it may seem. Prepare for your appearance in traffic court with a Kane County traffic offense attorney you can trust. At The Law Offices of Brian J. Mirandola, we have an extensive history representing clients in Illinois criminal and traffic law. To schedule a free consultation and learn more about how our attorneys can help, call 847-488-0889.

 

Source:

https://www.isba.org/public/guide/illinoistrafficcourts

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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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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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IL defense lawyerDrivers should always be aware of the legal speed limit when they are driving. Illinois roadways are usually thorough about posting speed limit signs to make drivers aware of what speed they should not exceed.

Simple speeding is a traffic violation that is punished with a ticket to be paid, but aggravated speeding comes with heavier penalties because it is a more serious crime. It is an act that puts the driver and others around them in danger of a collision; therefore, it is possible to serve a jail term after a conviction of aggravated speeding.

Simple Speeding Versus Aggravated Speeding

Illinois law says that aggravated speeding is when a driver operates their vehicle in excess of 26 miles per hour over the legal limit. Everything lower than that - but still over the speed limit - is considered simple speeding.

Police officers patrol and enforce the speed limits with a handheld radar gun which uses wind speeds to measure the rate of a vehicle’s speed. Depending on the miles per hour over the limit, the traffic citation will be costly:

  • Speeding not more than 20 miles per hour over the limit is punished with a fine of $120
  • Speeding over 20 miles per hour, but less than 26 miles per hour over the limit is punished with a fine of $140
  • Speeding at 26-34 miles per hour over the limit is considered a Class B misdemeanor act of aggravated speeding.
  • Speeding over 35 miles per hour more than the limit is considered a Class A misdemeanor act of aggravated speeding

Both misdemeanor aggravated speeding violations come with prison time - up to six months for a Class B misdemeanor and up to one year for a Class A misdemeanor. Fines also become heavier against aggravated speeding violators - up to $1,500 for a Class B misdemeanor and up to $2,500 for a Class A misdemeanor.

Speeding penalties with a school or a construction zone will be elevated as well. Illinois has a minimum fine of $150 for speeding in a school zone and a minimum fine of $250 for speeding within a construction zone.

Contact an Elgin, IL Aggravated Speeding Attorney

Depending on the violation, a driver could also possibly lose their driving privileges as a result of aggravated speeding. It is best to have a lawyer at your side when defending your rights in court. The lawyers of the Law Offices of Brian J. Mirandola have experience defending against a variety of traffic violations. To schedule a free consultation with a Kane County traffic violations lawyer, call our office at 847-488-0889.

 

Sources:

https://www.isp.state.il.us/traffic/speedlimitenf.cfm

http://www.ilga.gov/legislation/ilcs/documents/062500050K11-601.5.htm

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IL traffic lawyerIn 2019, the Illinois State Police issued 5,860 tickets for violators of Scott’s Law. This law protects law enforcement officials during traffic stops by requiring drivers to give enough room when they see stopped police vehicles on the road.

Of the violations in 2019, the ISP reported that 27 police cruisers were struck and three officers were killed. In an attempt to protect Illinois officers, the state government amended Scott’s Law so that punishments are more costly to violators.

How Has Scott’s Law Changed?

Scott’s Law was passed in 2002 to protect Illinois law enforcement officers. This past year, there were more violations than in 2016, 2017, and 2018 combined.

Violators of Scott’s Law used to be fined $100 for first offenses, but this year, fines have been doubled to $250. Subsequent offenses will cost no less than $750. Additionally, each violation of Scott’s Law will be punished with a $250 fine that will fund education of this law.

Lastly, drivers who injure or kill any during a violation of Scott’s Law will be charged with a Class 4 felony; punishable by a fine of up to $25,000 and a prison term of 1-3 years.

Scott’s Law is not the only traffic charge that was amended starting in 2020:

  • Speeding through a construction zone will now be punished with a fine of $25,000 - an increase from $10,000.
  • Disobeying traffic signals within a worksite will be punished with a fine of $100-$1,000. This is a new law that started at the first of the year.
  • Passing a stopped school bus with its stop sign extended will be punished by a fine of $300 - increased from $100 - for first offenses. Subsequent offenses are punished with a fine of $1,000 - increased from $500.

Other Roadway-Related Rule Changes

The state of Illinois added several other law changes to make the road safer:

  • The distracted driving law was made more specific by officially including watching and making YouTube videos illegal while driving.
  • Chicago-area interstates will have more video surveillance installed in order to make an investigation of roadway crimes easier.
  • Garage and public parking lot fees will increase - 6% daily and 9% monthly - and funds will go towards Governor J.B. Pritzker’s “Rebuild Illinois” infrastructure project.

Contact an Elgin, IL Criminal Defense Attorney

It is still early into the year and not everyone has adjusted to the new laws. If you are fighting traffic charges, a lawyer from the Law Offices of Brian J. Mirandola can help defend against major fines. To schedule a free consultation with a Kane County traffic offense lawyer, call our office at 847-488-0889.

 

Sources:

https://www.chicagotribune.com/politics/ct-liststory-illinois-new-laws-2020-20191218-k3sjxat7mvgonbbbvyr7anlbja-list.html

https://www.wifr.com/content/news/Illinois-stiffens-penalties-for-Scotts-Law-violators-in-2020-566184421.html

https://www.ksdk.com/article/news/local/illinois-doubling-scotts-law-fines-in-2020/63-d9f1e458-8707-4a81-b54b-44ee8cc7a5c1

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