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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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Il defense lawyerAccording to Illinois law, reckless driving is defined as operating a motor vehicle with disregard for the safety of those sharing the road. Most often people think of examples such as speeding or driving under the influence of drugs or alcohol.

Turn signals were added to vehicles as a safety precaution so that there could be clear communication between fellow drivers. So, failure to properly signal when you are turning or changing lanes is included in the reckless driving law in Illinois.

Why Should I Use My Turn Signal?

It is such a simple thing to do and yet most drivers fail to signal at least once in their lifetime. In a recent study done by the Traffic Law Headquarters, two million crashes a year are caused by simply not using the turn signal.

A turn signal is important because it:

  • Lets other drivers know where you are about to turn or when you need to change lanes.
  • Gives other drivers time to slow down or speed up to get out of harm’s way when you are turning.
  • Lets pedestrians know if you are about to turn onto a side street they may be crossing.

Additionally, a turn signal should be turned off as soon as the maneuver is performed. This eliminates confusion, so other drivers know you will not be turning or changing lanes again.

How Is a Driver Punished When They Fail to Signal?

Since it is included in the reckless driving law in Illinois, a driver can be convicted of a Class A misdemeanor. This results in a fine of up to one year in prison and $2,500 in fines. If a driver is under the age of 21, the license could be subject to suspension.

According to Illinois law, a reckless driving infraction is considered a felony if bodily harm, permanent injury or disfigurement is sustained by a child or a crossing guard in a school zone as a result of the violation.

Contact an Elgin, IL Reckless Driving Attorney

We all want to be as safe as possible while on the road, but mistakes are inevitable and cleaning up the aftermath can be a messy ordeal. If you or someone you know is in need of a reckless driving defense, a Kane County reckless driving defense attorney of the Law Offices of Brian J. Mirandola can help. For your free consultation, call the office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-503

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

https://trafficlawheadquarters.com/the-importance-of-using-your-turn-signal/

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Posted on in Traffic violations

Kane County Speeding Lawyer

Here in the state of Illinois, traffic violations are taken seriously. One of the most harshly punished traffic offenses is an aggravated speeding ticket. Aggravated speeding is defined as driving 26 mph or more over the posted speed limit. If convicted, an aggravated speeding charge can lead to the loss of driving privileges, substantial fines, and potential jail time. If you have been charged with aggravated speeding, contact an experienced criminal defense lawyer immediately. 

Aggravated Speeding Ticket Fine and Punishment 

According to Illinois law, aggravated speeding constitutes a Class B or Class A misdemeanor, depending on the speed at which the driver was traveling when pulled over. If the driver was traveling between 26 and 34 miles per hour over the speed limit, they will likely be charged with a Class B misdemeanor. Driving 35 mph or more over the speed limit constitutes a Class A offense. Class B misdemeanors carry a maximum jail sentence of six months and potential fines up to $1,500. If your speeding constitutes a Class A misdemeanor, you could face up to one year in prison and $1,500 in fines. 

Outside of potential incarceration and fines, an aggravated speeding conviction can result in driver’s license suspension, especially if you have ever received another aggravated speeding citation. Aggravated speeding convictions can also result in immediate license suspension if the driver was speeding in a posted work zone, school zone, or urban area. 

Speeding Ticket Defenses

If you have been accused of aggravated speeding, you need a legal team that is prepared to act quickly. Depending on the circumstances, a skilled attorney may be able to negotiate reduced charges, especially if this is your first aggravated driving offense. You could also receive court supervision, which if successfully completed, the charges may be expunged. If you are charged with aggravated speeding while driving in a construction zone, it may be argued that the zone was insufficiently marked. Speaking with your attorney about possible defense strategies can help you avoid rising insurance rates and points assigned to your driving record. 

Contact an Elgin, IL Aggravated Speeding Lawyer 

The Law Office of Brian J. Mirandola fully understands the potential loss of independence that a license suspension or revocation can present. With decades of criminal law experience in the state of Illinois, our legal team is prepared to aggressively fight for your driving privileges. If you have been cited for a traffic violation, contact our experienced team as soon as possible. To schedule a free consultation with a Kane County criminal defense attorney, contact us today at 847-488-0889. 

Source:

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

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reckless driving, Elgin criminal defense attorneyGenerally, traffic violations are considered only civil offenses. Things like driving a few miles above the speed limit, a rolling stop at a stop sign, or failing to use your turn signal can result in a ticket and associated fines but are not considered actual crimes. Motorists should know that some traffic violations are considered much more dangerous and therefore come with a much harsher penalty. If you have been charged with reckless driving, you may be facing a misdemeanor conviction and even jail time.

What is Considered Reckless Driving?

You have probably heard the phrase "reckless driving" before but may be unsure of its exact meaning. According to Illinois law, someone is reckless driving if they

  • Drive a vehicle with deliberate disregard for property and others’ safety; or
  • Intentionally use an incline in the roadway to cause a car to become airborne.

The law dictates that individuals driving in a way that is irresponsible and dangerous can be charged with reckless driving. However, the phrasing is somewhat vague. It can be difficult to know exactly what behavior might be considered reckless driving. Depending on the circumstances, police officers may cite motorists for reckless driving if the drivers:

  • Drive while impaired by drugs or alcohol;
  • Drive 20 mph or more over the speed limit;
  • Ignore a stop sign or red light;
  • Weave through traffic;
  • Tailgate;
  • Intentionally fail to yield the right-of-way;
  • Evade law enforcement;
  • Illegally pass a stopped school bus;
  • Cross a double yellow line;
  • Race another vehicle; and
  • Illegally use a cellphone while driving.

Sometimes, a charge of driving under the influence (DUI) can be decreased to the lesser offense of reckless driving as part of a plea deal.

Consequences for a Reckless Driving Conviction

Generally, reckless driving is considered a Class A misdemeanor. If charged with misdemeanor reckless driving, you can be imprisoned for up to a year and required to pay up to $2,500 in fines. Certain circumstances can make reckless driving a much more serious offense. If the driver’s negligent behavior causes bodily harm to a child or a school crossing guard at a crosswalk, the driver will be charged with a Class 3 felony. This charge carries penalties of up to five years in jail and fines up to $25,000. If the reckless driving results in the significant injury, permanent disability, or disfigurement of another person, the driver can be charged with Class 4 felony aggregated reckless driving. The penalties include imprisonment for up to three years and fines up to $25,000.

If you have been charged with reckless driving, you need an attorney who can help you understand your rights and responsibilities. To speak with an experienced Kane County reckless driving defense lawyer, call The The Law Office of Brian J. Mirandola at 847-488-0889.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-503

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