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IL traffic lawyerTeenagers across the country are excited about turning 16 years old because they will be able to earn their driver’s license and operate a motor vehicle on their own. However, not all of them realize that it is very easy to lose driving privileges and driving with a suspended license can lead to serious traffic violation punishments.

Drivers can have their licenses suspended - or revoked - as a result of many other traffic offenses:

  • DUI
  • Failure to appear in court for a traffic violation
  • Parking restrictions if a driver receives 10 or more parking violations, they will have parking restrictions on their license
  • Automatic suspension issued if a driver fails to pay five or more fines for previous traffic violations
  • Family Financial Responsibility Law, which can be court-ordered for driving privileges to be suspended if a person does not pay their child support
  • Toll violations or evasions

Whatever the case, if a driver’s license is suspended, under Illinois law they are forbidden from driving their motor vehicle.

What Does the Law Say?

The state of Illinois requires all operators of automobiles to have earned a valid driver’s license or possess a driving permit while behind the wheel. Those with permits must have a person with a valid driver’s license riding in the front passenger seat while in motion.

It is also important to note that all drivers must have their licenses physically with them while in their vehicle. If you are pulled over and don’t have your license with you, the officer can write up a ticket for driving without your license.

If anyone is caught driving without a license or permit, they will be charged with a Class A misdemeanor and will be issued a Uniform Traffic Citation. This includes licenses that have been suspended. Furthermore, Illinois law says that charges can be increased to Class 4 felony charges if:

  • The offense is a person’s second or subsequent charge
  • The unlicensed driver causes injury to another person
  • The unlicensed driver kills another person
  • And the unlicensed driver is charged with a DUI

Drivers in violation of operating a motor vehicle with a suspended license can also have their term of suspension doubled at the discretion of the Secretary of State. Other punishments include serving 30 consecutive days in prison and/or 300 hours of community service.

Contact an Elgin, IL Traffic Violation Attorney

Losing your driving privileges can lead to many inconveniences in your life. It can also be difficult to get your license reinstated without the help of a knowledgeable lawyer. If you or someone you know is in need of defending your license from suspension, contact a lawyer from the Law Office of Brian J. Mirandola to help protect your rights. To schedule a free consultation with a Kane County traffic violation lawyer, call 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-101

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-303

https://www.cyberdriveillinois.com/departments/drivers/losepriv.html

 

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Posted on in Traffic violations

IL defense lawyerThe state of Illinois observes a special law when it comes to stopping for an ambulance or any other emergency vehicle. Scott’s Law - also known as the “Move Over” Law - was created in memorial of Scott Gillen, a Chicago firefighter who was struck and killed while assisting victims in a crash. The drunk driver of the vehicle that killed Gillen did not leave enough room when traveling around the accident. If a driver does not obey Scott’s Law or give room to a moving emergency vehicle - such as a police car or an ambulance - they are committing a traffic violation punishable by fines and even prison time.

Why It Is Important to Move Over for Ambulances

If you see an ambulance driving down the road, more times than not they are en route to saving someone else’s life. If their lights are flashing, it is a real emergency and those on the road are required by law to slowly drive as close to the right side of the road as possible. This will give the emergency vehicle more room and a more clear path to their destination.

Illinois law says that other drivers will not only drive on the right side of the road but will also stop their vehicle to allow the ambulance to safely pass. The only exception to this rule is if a police officer instructs the drivers to continue moving at a safe speed.

At the same time, the cars are not permitted to block an intersection. They must still obey the right-of-way rules so as not to cause an accident or collide with the emergency vehicle.

Punishments for Violations

The least severe punishment occurs if a person is pulled over for not yielding to an ambulance. The offender will be fined no less than $100 and no more than $10,000. Other punishments result in more severe cases:

  • If any damage is done to another person’s property during the violation, the offender will lose their driving privileges for a period of between 90 days and one year.
  • If a person is injured as a result of the violation, the offender will lose their driving privileges for a period between 180 days and two years.
  • If a person is killed as a result of the violation, the offender will lose their driving privileges for two full years.

Contact an Elgin, IL Traffic Violations Attorney

If you or someone you know is facing traffic punishments after not yielding to an ambulance, hire a lawyer from the Law Offices of Brian J. Mirandola to build your defense. To schedule a free consultation with a Kane County traffic violations lawyer, call 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-907

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a207.pdf

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IL traffic violation attorneyIt is mandatory in the state of Illinois to have car insurance for every automobile that is operated on public roads. Drivers without car insurance will be charged with a traffic violation as well as be charged with breaking Illinois’ Mandatory Insurance Law.

The Illinois Law states that drivers should have vehicle liability for the amounts of at least:

  • $25,000 for personal injury or death of one person in an accident.
  • $50,000 for multiple persons injured or killed in an accident.
  • $20,000 for property damage of another person.

Anyone who is caught driving without insurance - or if a driver without insurance causes an accident - will have their license plates suspended. They will also face one or two fines: a minimum of $500 for driving without insurance and a minimum of $1,000 for driving with suspended plates after already being charged with driving without insurance.

How Do I Reinstate my License Plates?

First-time offenders for driving without insurance will have their license plates suspended until the offender can provide proof of insurance and a pay a fine of $100.

Subsequent offenders will have to serve a mandatory four-month suspension on their license plates. Then, they may pay the $100 fine and provide proof of insurance in order to reinstate their plates.

No one - regardless of ownership - is permitted to drive the vehicle while the plates are suspended. Though, the offender may operate a different vehicle as long as it is insured.

How Is the Mandatory Insurance Law Enforced?

Of course, if a driver is pulled over for any traffic violation such as speeding, the police officer has the obligation to ask for proof of insurance. If they find that a car is uninsured, they will administer the appropriate charges.

Illinois also enforces car insurance through a random questionnaire system. This process sends out a message to a random pool of car owners asking for proof of insurance. If the driver cannot answer the questionnaire, their license plates will be suspended.

Contact an Elgin, IL Traffic Violations Attorney

While the punishments for driving uninsured may not seem severe, it can also come with other penalties if that vehicle is involved in a crash or is caught in the act of another offense. Traffic violations can range from misdemeanor charges to as serious as felony charges.

If you or someone you know is facing traffic violation charges, hire a lawyer from the Law Offices of Brian J. Mirandola to make sure your rights have not been violated. To schedule a free consultation with a Kane County traffic violations lawyer, call 847-488-0889.

 

Sources:

https://www.cyberdriveillinois.com/departments/vehicles/mandatory_insurance.html

https://www.isba.org/sites/default/files/publications/pamphlets/Traffic%20Courts.pdf

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Posted on in Traffic violations

IL defense lawyerStreet racing could be described as a symptom of “road rage” in that one driver speeds up to not allow another driver to overtake them, thus resulting in both vehicles traveling at a high rate of speed. There are other reasons people street race. Some just do it as a form of competition and entertainment. Whether for entertainment or due to road rage, street racing is considered reckless driving because it puts people’s lives in danger.

Both drivers of the vehicles caught in a street race are putting themselves in danger if the cars collide, but they also put other drivers and pedestrians in danger. There are other people on the road who may not be expecting two cars coming down the road at a high rate of speed.

What Is Street Racing?

According to Illinois law, street racing is defined as:

  • Operation of two or more motor vehicles driving side by side while accelerating in an attempt to outdistance each other.
  • Driving one or more motor vehicles down a predetermined road to compare vehicle acceleration within a specific distance.
  • Using one or more cars to outdistance or overtake another vehicle.
  • Using one or more vehicles to prevent another car from passing.
  • Operating one or more cars to arrive at a destination before another car.
  • Using one or more vehicles to test the long-distance stamina or the drivers.

Most often those who race for recreation will participate on streets that are less used rather than on the highway or another populated road. However, if a police officer comes upon the race, the drivers will still be ticketed and charged with reckless driving.

Those racing as a result of road rage are more likely to cause an accident because they are driving carelessly around other drivers. If an accident occurs and someone involved is injured, disfigured, or permanently disabled the at-fault driver will be charged with aggravated street racing.

Penalties for Street Racing

In Illinois, those who engage in street racing are not the only ones who can be punished if charged with a crime. The owners of the cars involved in the street race can also be punished if they have knowledge of the race and allow it to happen.

According to the law, street race offenders will be charged with a Class A misdemeanor for a first offense punishable by a minimum fine of $250. Subsequent offenses will be a Class 4 felony punishable by a minimum fine of $500. Additionally, anyone convicted of street racing will have their license revoked.

Those convicted of aggravated street racing will face a Class 4 felony charge and a punishment of a one- to 12-year prison sentence.

Car owners who allow a street race to occur will be charged with a Class B misdemeanor for a first offense and a Class A misdemeanor for any subsequent offenses.

Contact an Elgin, IL Reckless Driving Attorney

If you or someone you know are facing reckless driving charges as a result of street racing, the first step is to hire a lawyer who can help build a defense and avoid a negative outcome. To talk to a Kane County reckless driving lawyer from the law offices of Brian J. Mirandola, call 847-488-0889.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-506

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IL defense lawyerKeeping a safe distance away from a driver ahead of you is important because you cannot see what is in front of that driver. If the leading driver has to slam on their brakes for whatever reason and you are too close, that could result in a rear-end collision. That type of collision could lead to serious damage or injury depending on the speed of the vehicles.

For this reason, following too closely is considered reckless driving and falls under the Illinois Reckless Driving Law. A violation of this law can result in a Class C misdemeanor conviction punishable by one year in prison and/or a $2,500 fine.

According to Illinois law, no driver should ever be following behind another vehicle too closely. Drivers need to keep in mind the traffic, conditions, and speed of the other vehicle and know that there is a risk of a collision.

To avoid a collision, slower drivers should travel in the right lane to allow faster drivers to pass on the left safely. If the road is only one lane, faster drivers are expected to adjust their speed to keep a reasonable amount of space between the two cars and then pass when it is safe.

Dismissing Traffic Tickets

If a police officer witnesses an act of one vehicle following another too closely, that driver can be pulled over and issued a ticket. After the traffic stop, a driver still has the option to contest the punishment and go to court. There, the driver has a few options for defense strategies:

  • Once you have your ticket, look closely at the information the officer wrote down while issuing the ticket. If there is anything incorrect on the ticket (name, type of car, etc.) you can alert the judge and the charges could be dropped.
  • The driver can attend and complete a defensive driving course to show the judge that they are working to improve their driving faults. This could reduce the charges.
  • If the driver goes to court, the police officer who pulled them over would need to attend as well. If the officer fails to appear, the case is dismissed.

Contact an Elgin, IL Reckless Driving Attorney

There are two sides to every story and if you are facing reckless driving charges, your first step should be to hire a lawyer. The seasoned Kane County reckless driving lawyers of the Law Offices of Brian J. Mirandola can help build your defense strategy and avoid a negative outcome. Call the office at 847-488-0889 to schedule a free consultation.

 

Sources:

http://ilga.gov/legislation/ilcs/documents/062500050K11-710.htm

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

https://www.idrivesafely.com/defensive-driving/traffic-ticket-dismissal/

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