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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If your license has been revoked, you must request a Secretary of State's Office hearing to regain your driving privileges.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 License Reinstatement Lawyer

Driver’s license suspension and revocation are typically only used after serious moving violations such as DUI charges, fleeing the scene of an accident that resulted in bodily injury, and various forms of overt reckless driving. If your license has been suspended or revoked, it is possible to receive a restricted driving permit (RDP) so you can go to work and accomplish other normal daily tasks. 

To obtain a restricted driving permit, you want to enlist the help of a skilled legal professional who knows how to navigate the process with your best interests in mind. 

Restricted Driving Permits in Illinois 

Here in the state of Illinois, a restricted driving permit can only be obtained under specific conditions. First, those looking to get an RDP must prove a hardship exists, for instance, if you need a vehicle to get to and from work, or you cannot properly care for your children without driving privileges. Once you have established your need for the permit, you must submit proof of a professionally administered drug and alcohol evaluation, to ensure there is not a serious substance abuse issue that can impact your ability to live up to RDP terms. 

After submission of the necessary paperwork, it is time to work with your attorney to prepare for your appearance before a hearing officer. This officer is appointed by the Illinois Secretary of State’s Department of Administrative Hearings. They will review your prior driving history to determine the likelihood that you are a risk for other travelers. If you have been convicted of multiple alcohol-related traffic violations, you must have a breath-alcohol ignition interlock device (BAIID) installed in your vehicle before obtaining your restricted driving permit. This device ensures a vehicle will not start until the driver passes a breathalyzer test.

Once you have received a restricted driving permit, it is critically important to follow all traffic rules and regulations. It is also crucial that you fully understand and follow the stipulations that allowed you to receive your RDP in the first place. For instance, if you are only allowed to drive to and from your place of employment, you could lose your driving privileges if you choose to operate your vehicle outside of those agreed-upon conditions. 

Contact an Elgin Suspended License Lawyer 

If you were charged with a violation that may cause license suspension or revocation, seek out a legal team you can believe in. Criminal defense lawyer Brian J. Mirandola has extensive experience helping clients get restricted driving permits and other allowances that let them maintain their normal lives. To set up a free consultation with a Kane County criminal defense attorney, contact us today at 847-488-0889. 

Sources:

http://www.cyberdriveillinois.com/departments/BAIID/rdp.html

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Kane County license reinstatement attorneyIn Illinois, driver’s licenses are issued and managed by the Office of the Secretary of State. The law gives the Secretary’s office to impose suspensions and revocations for offenses such as driving under the influence and refusing a blood-alcohol content (BAC) test incident to a DUI arrest. A suspension may apply in other situations as well, including the use of a fake ID, underage drinking, and failing to pay court-ordered child support. However, even the most seemingly basic traffic violations could result in the suspension of your license, depending on your driving history.

Moving Violations

The Illinois Vehicle Code, along with the Office of the Secretary of State, maintains a list of traffic offenses that are considered “moving violations.” The list includes most of the offenses you would expect, such as:

  • Speeding and aggravated speeding;
  • Disregarding traffic signals, i.e, running a red light;
  • Reckless driving;
  • Passing in a no-passing zone; and
  • Following too closely.

Others, however, may be a little surprising, including leaving the scene of accident, defective brakes, and improper towing of a vehicle.

The Illinois Points System

Each offense listed in the law is assigned a point value, based upon its severity. Many violations are further broken down to allow consideration for the degree to which the law was broken. For example, speeding at 10 mph above the posted limit is a five-point violation, while speeding at 30 mph or more above the posted limit is valued at 50 points. Reckless driving is among the most serious of moving violations and carries a point value of 55. Other 55-point violations include aggravated speeding in a school zone or a construction zone.

License Suspensions

Any Illinois driver age 21 or over who is convicted of three moving violations in a 12-month period will automatically have his or her driving privileges suspended. The length of the suspension will depend on the total number of accumulated points and any prior suspensions or revocations. Without a history of suspension, a driver can expect a suspension of:

  • Two months for 15-44 points;
  • Three months for 45-74 points;
  • Six months for 75-89 points;
  • Nine months for 90-99 points;
  • One year for 100-109 points; and
  • Revocation of driving privileges for 110 or more points.

A prior suspension or revocation in the past seven years will result in longer suspension periods.  Drivers under 21 are subject to suspension upon a second conviction in 24 months, and the points scale for the length of the suspension is adjusted accordingly.

If you are in danger of having your license suspended, or you need help getting your license back, contact an experienced Elgin driver’s license reinstatement attorney. Call 847-488-0889 to schedule a free, no-obligation consultation at The Law Offices of Brian J. Mirandola today.

 

Sources:

http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_dc19.pdf

http://www.ilga.gov/commission/jcar/admincode/092/092010400000300R.html

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