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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

Elgin, IL Reckless Driving Ticket Lawyer

According to the Illinois Department of Transportation, nearly 1,100 people were killed in motor vehicle collisions statewide in 2017 while thousands of others suffered serious injuries. Due to the high number of traffic fatalities, Illinois law enforcement has increased surveillance and traffic tickets for reckless drivers. Reckless driving is defined as the act of overtly disregarding traffic laws and procedures while endangering oneself and others. If you have been cited for reckless driving charges, it is important to understand the potential consequences of a conviction. 

Common Forms of Reckless Driving 

A reckless driving charge can result in serious consequences. Listed below are some of the most common violations that constitute reckless driving charges.

Excessive Speeding

According to the National Highway Traffic Safety Administration (NHTSA), speeding plays a role in approximately 26 percent of annual fatal collisions throughout the United States. In 2017 alone, speeding took 9,717 American lives. Because of this, driving at excessive speeds, such as 20 mph over the legal limit, is considered reckless driving. 

Distracted Driving

Here in the state of Illinois, it is illegal to use a handheld cellular device while driving. According to state law, phone use (such as texting) constitutes a reckless driving charge. Texting while driving takes your eyes off the road and your hands off the wheel, so it should come as no surprise Illinois police officers are constantly on the lookout for distracted drivers. 

Endangering Others

In the end, a reckless driving charge can be given for a number of actions that endanger others on the road, including drivers, bike riders, and pedestrians. Common examples of traffic endangerment include reckless lane changes, aggressive tailgating, and disregard of stop lights and other traffic laws. Racing other vehicles and attempting to get your vehicle airborne also constitute reckless driving charges. 

Contact an Elgin, IL Reckless Driving Lawyer 

With years of experience representing Illinois clients, Attorney Brian J. Mirandola will fight to keep a conviction off your record so you can avoid heavy fines, license suspension or revocation, and even potential jail time. To schedule a free consultation with a Kane County criminal defense attorney, call our team today at 847-488-0889. 

Sources:

https://www.nhtsa.gov/risky-driving/speeding

https://chicago.cbslocal.com/2018/01/04/illinois-traffic-deaths-2017/

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Posted on in Traffic violations

Kane County Reckless Driving Lawyer

In the state of Illinois, reckless driving charges can come with serious legal ramifications. If convicted, reckless driving can result in a Class A misdemeanor, substantial fines and up to a full year of jail time. Within the Illinois vehicle code, reckless driving is defined as the act of willfully disregarding the safety of others while operating a motor vehicle. 

From an increase to your monthly car insurance payment to strikes on your driving record, a reckless driving charge is extremely serious. If another party is injured in an accident in which you were cited for reckless driving, you could possibly face a felony charge and substantial incarceration. If you have been charged with reckless driving, it is time to contact a legal team you can believe in. 

Types of Reckless Driving 

Reckless driving charges can result from a number of offenses. In Illinois, a driver can be charged with reckless driving for traveling at excessive speeds, erratically swerving through traffic, using an incline to become airborne or other offenses. Because a reckless driving charge is directly defined as an action in which a driver is endangering those around them, judges are not likely to reduce criminal charges without aggressive and experienced legal representation. 

Avoiding Reckless Driving Penalties 

Receiving a reckless driving charge can be frightening. Police officers throughout the state have the right to arrest you and take you into police custody, rather than simply giving you a ticket. In these cases, your vehicle will be towed, under your expense. After the arrest, you will have to appear before an Illinois traffic judge. Fortunately, a qualified attorney can help you receive minimal criminal punishment for a reckless driving offense. Rather than facing jail time and potential fines, a skilled lawyer could instead help you get traffic safety classes, possible community service hours and driving probation. 

Meet With a Kane County Reckless Driving Lawyer 

Attorney Brian J. Mirandola has years of experience fighting for those charged with traffic violations. If you have been cited for reckless driving, our legal team will work to secure the best possible outcome for you and your family. To set up a free consultation with an Elgin criminal defense attorney you can trust, contact us today at 847-488-0889. 

Sources

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

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