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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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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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Kane County CDL Lawyer

On an annual basis, thousands of commercial trucking accidents result in fatalities. In 2017, more than 4,000 people died in these crashes across the country. Due to the high number of truck accidents that involve severe injury, law enforcement takes traffic violations by truck drivers seriously, whether it occurs in their work or personal vehicle.

If you have been charged with a commercial drivers license (CDL) violation, you could face license revocation that can lead to loss of employment, in addition to heavy fines. In this situation, you need a skilled CDL traffic ticket attorney.

Common CDL Violations 

A CDL traffic violation can come with serious complications for you and your employer. If you have been charged with a traffic violation outside of Illinois, state law requires you to report the violation. Below are some of the most common CDL tickets. 

Excessive Speeding: Due to the sheer size of commercial trucks, it is especially important for drivers to follow mandated speed limits. In many cases, highway speed limits will be lower for commercial trucks than standard vehicles. Speeding can impact a truck driver’s ability to stop and change direction. 

According to the Insurance Institute for Highway Safety, approximately 48 percent of all truck occupant deaths in 2017 occurred in accidents in which the truck rolled over. Most rollover crashes are caused by truckers driving at excessive speeds. 

Improper Lane Change: Truck drivers are consistently cited for driving in the incorrect lane or recklessly changing lanes. On multiple lane highways, commercial truck drivers are asked to drive in the right lane, while only using the left lane for passing other vehicles. Failure to change back into the right lane in a safe and timely manner can result in a violation. Due to the extended blind spot of many commercial trucks, it is extremely important for drivers to change lanes with caution. 

DUI: Some commercial truck driver violations are related to inebriated driving. Driving under the influence of drugs or alcohol can impact vision and reaction time, which is especially dangerous for drivers of large vehicles. Driving your commercial vehicle while inebriated can result in immediate termination and CDL revocation. 

Failure to Correctly Log Hours: CDL drivers are only legally allowed to drive for 11 consecutive hours. Some trucking companies encourage their drivers to falsify their driving logs. Because of the dangers of drowsy driving, the falsification of logs is considered an extremely serious offense.

Contact an Elgin, IL CDL Violation Lawyer 

Attorney Brian J. Mirandola has helped many commercial truck drivers preserve their professional driving privileges after a traffic violation. Our team firmly believes no person should lose their ability to execute their job because of one mistake. To schedule a free consultation with a Kane County criminal defense attorney, call us today at 847-488-0889. 

Sources:

https://dor.mo.gov/drivers/commercial/cmv.php

https://www.iihs.org/iihs/topics/t/large-trucks/fatalityfacts/large-trucks

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Aurora, IL Speeding Ticket Attorney

Throughout the state of Illinois, traffic violations are taken seriously by law enforcement, especially those that occur within construction zones. According to the Illinois Department of Transportation (IDOT), around 4,500 crashes occur in work zones around the state every year. Due to the high number of accidents and the danger both drivers and workers face, construction zone speeding tickets can come with severe penalties. If you receive a ticket for a work zone traffic violation, you should contact a skilled traffic ticket attorney for help.

Work Zone Speed Limit Violations

Due to the increased injury risks associated with speeding in a construction zone, ticket fines are high, even for a first offense. For a conviction, a first-time offender will receive a minimum fine of $375, while any subsequent offenses result in a fine no less than $1,000. If two offenses occur within a two-year period, you could face driver’s license suspension up to 90 days. For drivers who hold a commercial driver’s license (CDL), a work zone violation may result in immediate license suspension, expensive fines, and potential loss of employment. In cases in which speeding is documented through the use of photo speed enforcement technology, standard fines and punishments still apply.  

Construction Zone Speeding Ticket Defenses

While work zone violations are considered serious by Illinois police, there are a number of ways experienced attorneys can assist clients cited for speeding in a work zone. If the zone was not properly marked, or marked in a way that did not allow the driver time to sufficiently slow down before the work zone, the driver would not be in violation. If the driver’s speed was documented through photo speed enforcement, the ticket must be sent to the driver within a 14-day period. If the ticket is not sent in that time frame, it may be dismissed in court. 

If you go ahead and pay your ticket, this is an admission of guilt, and you risk the addition of significant points to your driving record along with the cost. It is better to speak with an attorney to discuss your options.

Contact a Kane County Speeding Ticket Lawyer

Attorney Brian J. Mirandola has years of experience helping people ticketed for traffic violations. Traffic offenses that occur within a construction zone can be caused by a number of factors, not just negligent operation of a motor vehicle. To schedule a free consultation with an adept Elgin, IL traffic ticket attorney who will fight for you, call us today at 847-488-0889. 

Sources:

http://www.idot.illinois.gov/assets/uploads/files/travel-information/pamphlets-&-brochures/workzone%20il%20fact%20sheet.pdf

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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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Avvo Illinois State Bar Association Kane COunty Bar Association
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