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Posted on in DUI

Elgin, IL Defense Lawyer

Like every state, in Illinois, driving under the influence (DUI) can result in long-lasting consequences. From driver’s license suspension to revocation, and even potential jail time, there is no overstating the seriousness of a DUI charge and conviction. If you have been charged with DUI, finding an experienced criminal defense attorney can help you maintain your essential driving privileges.

DUI Penalties in Illinois

When considering the possible outcomes of a DUI conviction, it is important to understand the legal ramifications can vary, especially if there is a minor under 16 in the car or if you have a BAC of .16 or higher. The most likely outcome is license suspension. 

License suspensions can last for various amounts of time, depending on the severity of the crime and the number of previous arrests. For instance, a first-time DUI offender is likely to face a sixth-month suspension for a failed chemical test, or 12 months for refusing a test. A second or subsequent conviction within five years is a one-year suspension, which bumps to three years for test refusal.

Revocation is a more severe punishment. This is typically reserved for individuals who cause an accident that results in serious injury or death. Revocation may take place without an initial hearing and run through the duration of adjudication, in addition to the time mandated by sentencing.

How a DUI Lawyer Can Help

In the aftermath of a DUI arrest, it is crucial to contact a legal team with extensive experience helping clients who face DUI charges. A skilled attorney can ensure your rights were not violated during your traffic stop or detainment. They can also help preserve your driving privileges through a monitoring device driving permit in which a blood-alcohol ignition interlock device is installed in your vehicle.

If your license has been revoked, you must request a Secretary of State's Office hearing to regain your driving privileges. For reinstatement, you must have a clean driving record since your previous violation and have completed a drug/alcohol evaluation, education, and possible treatment.

Contact an Elgin, IL DUI Defense Attorney 

Attorney Brian J. Mirandola has years of experience helping clients avoid driver’s license suspension and revocation. If you have been charged with DUI, reckless driving, aggravated speeding or another serious violation, it is time to contact a legal team you can believe in. To schedule a free consultation with a Kane County criminal defense attorney, call us today at 847-488-0889.

Source:

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

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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 Attorney

One mistake can seriously impact not only an individual, but also the livelihood of their entire family. Illinois state law allows for driver’s license suspension or revocation for a wide variety of infractions, some of which have nothing to do with actual driving habits. Most people do not realize the importance of a valid driver’s license is until it is gone.

Reinstatement can be costly, which leaves many Illinois residents without driving privileges long after the suspension period ends. Find out how you can get your privileges back via the options below:

Pay the Required Fees

Most residents choose to wait out the required suspension or revocation period patiently. Once the designated term passes, a fee is due, along with other potential requirements. Current possible fees include:

  • Discretionary suspension: $70.
  • Family responsibility: $70.
  • Field sobriety suspension: $250.
  • Statutory summary suspension (first offense): $250.
  • Statutory summary suspension (repeat offense): $500.

Communicate With the Court

With more serious offenses, the amount due to reinstate a license can be in the thousands of dollars. This might be because of multiple offenses, unpaid tickets, or other events that contribute to an unpayable amount. 

There may be another option. Every judge and court is different, but in some situations, a reduction of fees is possible. Another possibility is the arrangement of a payment plan. This might include an additional interest charge or convenience fee, but the extra expense is often minor if it means the return of driving privileges. Lastly, some judges may work out a deal to exchange community service hours in place of payment.

Call a Kane County Criminal Defense Attorney

If you currently face the loss of your license, there are ways to avoid that and the subsequent reinstatement fee. An Elgin driver’s license reinstatement attorney can help find the best option for your situation. Everyone makes mistakes, and we believe one lapse in judgment should not affect the rest of your life. Attorney Brian J. Mirandola has more than 20 years of experience in criminal law, including seven as an assistant prosecutor, which gives him unique strategic insight. Let us help minimize the possible negative impact on your future. Call us today at 847-488-0889 to schedule a free consultation.

Sources:

http://www.cyberdriveillinois.com/departments/drivers/drivers_license/dlreinstatement.html

https://www.ilsos.gov/reinstatementfees/

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Kane County license reinstatement lawyersUnder Illinois law, driving is not a guaranteed right that all citizens automatically have. It is a privilege that can be suspended or revoked if necessary. There are several different situations that could lead to the loss of your driving privileges in Illinois, including as the result of driving under the influence (DUI). If your license has been revoked or suspended in relation to a failed or refused BAC test or a DUI conviction, you are required to participate in an administrative hearing before your license can be reinstated.

The Illinois Secretary of State’s Office is responsible for virtually all matters related to driver’s licenses in Illinois, including reinstatement hearings. Such hearings may be formal or informal, and the type that you must attend will depend on the circumstances that led to you losing your driving privileges.

Formal Reinstatement Hearings

A driver must attend a formal reinstatement hearing if his or her driving privileges were revoked or suspended for:

  • An offense involving a fatality, including DUI and other traffic offenses; or
  • A second or subsequent DUI conviction.

If you are required to attend a formal hearing, you must first request a hearing by U.S. Mail and pay a $50 file fee. You will be given a date for your hearing, which can only be held in one of four locations: Chicago, Joliet, Springfield, and Mt. Vernon.

It is important to be fully prepared for your hearing and to bring a copy of your alcohol and drug evaluation report. This report is required to determine your risk category, which determines what requirements you must meet to be considered for reinstatement or a restricted driving permit. A hearing officer will listen to the arguments presented and examine any evidence offered, but the ultimate decision regarding reinstatement will be made by the Secretary of State’s Office after the hearing is complete.

Informal Reinstatement Hearings

For less serious offenses, including first-offense DUI and lesser traffic violations, you can meet your hearing requirement through an informal hearing at any Illinois Driver Services location. You do not even need an appointment. As with formal hearings, all documentation from an informal hearing is sent to the Office of the Secretary of State in Springfield, and a decision is mailed to the applicant at a later date.

We Can Help

Northern Illinois can be a challenging place to live and work when you cannot drive. If you have lost your driving privileges as the result of a suspension or revocation related to a DUI or any other charges, contact an experienced Kane County license reinstatement lawyer. Call The Law Offices of Brian J. Mirandola at 847-488-0889 for a free consultation today.

 

Sources:

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

https://www.cyberdriveillinois.com/publications/pdf_publications/dah_ih22.pdf

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Reinstatement, Elgin criminal defense attorneyIf you are convicted of a criminal offense—especially one related to driving—it is very common that the consequences may include the suspension or revocation of your driver’s license. Some offenses may even bar you from ever getting it back. Depending on the circumstances of the situation, you may be able to apply for its reinstatement, though the process can be complex.

Reasons for Revocation

Many people are surprised when their license is revoked or suspended because it can be done for reasons that have nothing to do with driving. The rationale is that driving is a fundamental privilege that many people take for granted, and taking a person’s license away may wake some people up, so to speak, prompting correct whatever has caused the suspension or revocation.

Some examples of offenses that can lead to your license being revoked or suspended include:

Driving under the influence. As you might imagine, if you are stopped with a blood alcohol content (BAC) level over a certain point—the limit in Illinois is .08 for most drivers—your license will be suspended and may be revoked if you cause an accident with bodily harm.

Failure to Appear. If you are issued a traffic ticket or violation, and you take no steps to address it, your license can be suspended until the fine or other punitive measures have been satisfied.

Child support violations, as part of the "Deadbeats Don’t Drive" campaign. The Family Financial Responsibility Act (FFRA) enables Illinois government officials to take "strong action" against parents who fail to fulfill their support obligations, up to and including license suspension.

How to Get Your License Back

If your license has been suspended, you are entitled to a hearing under Illinois law. At that hearing (which can be formal or informal, depending on the situation), your case will be decided, either with your license being reinstated or denied or with you being given a restricted driving permit as a trial period of sorts. If your license is reinstated, you must pay all required fees and show proof of valid insurance before you will be able to use it.

If your license has been revoked, by comparison, you may not apply for its reinstatement for at least a year, regardless of the status of the underlying offense. Most revocations occur because of DUIs, and the length of revocation will usually depend on the number of previous offenses on your record. For example, your first offense will usually net you a revocation period of one year, while your second offense within 20 years will result in your license being revoked for no less than five years. There is no guarantee that your license will be reinstated after revocation, but you may apply to have it back after paying all relevant fees.

Speak With a License Reinstatement Attorney

Driving is a privilege that many people depend on for work or familial reasons. If you lose your ability to drive, it can thoroughly disrupt your entire life. Contact an experienced Elgin driver’s license reinstatement attorney for help getting back on the road. Call 847-488-0889 for a free consultation at The The Law Office of Brian J. Mirandola today.

Source:

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

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