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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 states 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, 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. As of Jan. 1, 2020, a driver who violates Scott's Law will be fined no less than $250 and no more than $10,000. Other punishments result in more severe cases:

  • A second offense results in a minimum $750 fine. 
  • If any damage is done to another person’s property during the violation, the offender will lose his or her 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 his or her 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 his or her driving privileges for two full years and may be charged with a felony.

Contact an Elgin, IL Traffic Violations Attorney

Traffic violations are taken seriously in the state of Illinois. 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 who can represent you and make sure your rights are protected. To schedule a free consultation with a Kane County traffic ticket defense lawyer, call us today at 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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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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