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IL defense lawyerAs a driver in Illinois, it never hurts to review the rules of the road. A law that people sometimes neglect or fail to adhere to because of a lack of awareness is Scott’s Law or the Move Over Law. We will explain what it is, why the rule exists, and what penalties a violation carries. If you face traffic law charges, speak with a traffic law attorney. With their help, you will protect your rights and potentially lessen or eliminate any unwarranted charges.

Scott’s (Move Over) Law

In 2000, a Chicago Fire Department lieutenant, Scott Gillen, was killed by a speeding, drunk driver. As a result, the Illinois legislature passed Scott’s, or the Move Over, Law. Its premise is simple: if a first-responder has their siren or hazards on, all drivers in the vicinity need to move to the opposing side of the road and slow down. A significant amount of first-responder deaths each year encouraged Governor J.B. Pritzker to pass a more robust version of Scott’s Law. The new iteration comes with more potent repercussions.

The number of tickets issued for violations of Scott’s Law rose in 2019 because of the enhanced bill. The year 2019 saw around 6,000 Scott’s Law violation citations. A first offense could result in a $250 fine for the accused driver. A subsequent offense leads to at least $750 in fines. Drivers who fail to pull to the side of the road and cause property damage or injury will receive additional punishments: property damage can result in a mandatory license suspension of three to 12 months, and injuring another person leads to six to 24 months of suspension.

Since there are still several first-responder deaths each year, Illinois law enforcement has expressed a commitment to charging those who violate Scott’s Law. As such, remember to look and listen for first-responder vehicles with their hazards on - sometimes, you might not hear them - and pull to the opposite side of the road to keep other drivers, first-responders, and yourself safe. Not only that, but Scott’s Law helps ensure that first-responders get wherever they are called faster and have a higher chance of helping those in danger.

Contact a Kane County Criminal Defense Attorney

Scott’s Law charges carry a lot of weight. Regardless of the circumstances in your case, it cannot hurt to work with a Kane County criminal defense attorney who is trustworthy and has the conviction to defend you in court aggressively. The Law Office of Brian J. Mirandola is ready to take your case, so schedule your free consultation by calling 847-488-0889.

 

Sources:

https://www.wqad.com/article/news/illinois-state-police-see-major-spike-in-scotts-law-violation-citations/526-9aae3100-8b5d-48f3-ba4c-9580f8d4f519#:~:text=Scott's%20Law%2C%20also%20known%20as,Fire%20Department%20lieutenant%20was%20killed.

https://wrex.com/2019/12/23/illinois-state-police-remind-motorists-to-obey-scotts-law-while-traveling/#:~:text=Effective%20January%201%2C%202020%2C%20violators,%24750%20for%20a%20subsequent%20offense.

 

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IL traffic attorneyKnowing the rules of the road in Illinois is necessary to stay safe and avoid any unwanted fines. Speed limits in construction zones are one of the basic rules that most people are aware of, but how are they enforced? If you face fines, license suspensions, or even jail time for traffic violations, do not hesitate to get the guidance of a seasoned criminal defense attorney in Illinois. Developing a strong defense when presenting your case or contesting any charges that you feel are unwarranted is easily achieved when you have a lawyer you can trust on your side.

Photo Enforcement in Kane County

Any driver who violates construction zone speed limits in Illinois can face steep fines and charges, but that is to protect both workers and all drivers. If you ever get impatient in a construction zone, remember that according to a study conducted in 2015, drivers are more likely to be victims in work zone accidents than workers. Because of this, speeding in a construction zone can lead to at least $375 fine for the first offense, a minimum of $1000 for the second, and a driver’s license suspension for up to 90 days if the second offense occurred within two years of the first.

Police officers cannot always watch and catch those who speed in work zones, so the State turned to photo enforcement. The cameras are only in use when construction workers are on site. Also, it is important to understand that Temporary Concrete Barriers (TCBs) do not change whether or not drivers should comply with work zone speed limits since cars have broken through them before. Whenever photo enforcement is in use, there must be a sign that provides a clear indication of such. In many camera locations, there will be a sign that displays a motorist’s speed. This serves to give a driver a final chance to slow down before they speed past the camera. Remember, if you do get a speeding ticket due to photo enforcement, you must attend your mandatory court appearance.

Contact an Elgin Traffic Violations Attorney

Photo enforcement is designed to protect workers and drivers alike, but it is important to defend your rights if you think there was an error. If you face fines or a license suspension due to traffic violations, reach out to the Law Office of Brian J. Mirandola to set up a free consultation with a trustworthy Kane County traffic violations attorney. Call us today at 847-488-0889.

 

Source:

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

 

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IL defense lawyerFollowing the Illinois Rules of the Road can keep you from any fines, having your license revoked, and any further felony punishments. In doing so, you will also ensure your and others’ safety. As a driver, you have a responsibility to share the road properly with bicyclists, pedestrians, and horse-drawn vehicles. There are relatively new, specific laws that dictate how you are supposed to share the road, which we will explain in detail below. If you are ever charged with a traffic violation, defend your case and minimize any charges with the help of an experienced traffic violations attorney.

Illinois’ New Bike Laws

New laws that took effect in 2018 state that you must leave a “safe distance, but no less than three feet” when passing a bicycle or individual on the road. To help support this safe distance, the law allows drivers to pass in no-pass zones. A very common mistake is for drivers to feel too uncomfortable with crossing over the double yellow line, and they hardly leave enough room for the cyclist who they are overtaking. However, there is a catch. Passing cyclists is only legal if the cyclist is traveling at less than half of the posted speed limit. Also, if there is just too much traffic to prevent the guarantee that you will be able to create enough space between your vehicle and the bicycle, you should not take the chance. All of these rules apply to pedestrians and horse-drawn vehicles.

Failure to follow these laws will result in a traffic offense. In Illinois, drivers over 21 will get their license and driving privileges revoked after three or more traffic violations in a 12 month period. Drivers under 21 years old only require two traffic offenses for such. If you pass a cyclist too closely, the offense is worth 20 points, which is a system used to determine the severity of an eventual punishment. 20 is equivalent to ignoring a red light.

Contact an Aurora Traffic Violations Attorney

The consequences for traffic violations in Illinois are steep, so it is important that you get excellent legal representation from an Aurora traffic violations attorney to properly defend your case. At the Law Office of Brian J. Mirandola, you will find passionate, skilled legal aid and an attorney who will aggressively defend your rights. To schedule a free consultation, call 847-488-0889.

 

Source:

https://rideillinois.org/new-illinois-bike-laws/#:~:text=Under%20the%20new%20law%2C%20a,and%20(3)%20there%20is%20sufficient

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IL defense lawyerThe state of Illinois requires all car owners to purchase an insurance policy for any car being operated. Failure to produce active insurance while driving will result in a traffic violation including heavy fines and suspension of a vehicle’s registration.

What Are the Illinois Insurance Requirements?

Illinois requires drivers to purchase a specific type of liability insurance for any automobile that is operated in the state. This insurance protects the driver if an accident occurs. The driver will not have to pay for damage repair to the other vehicle, however insurance prices will increase with every accident.

Insurance is required so anyone injured or involved in a collision can rest easy knowing they will not have to pay heavy compensation; that will be the responsibility of the at-fault driver’s insurance.

Illinois requires drivers to purchase insurance that will cover a minimum of:

  • $25,000 for injury or death of one person in an accident
  • $50,000 for injury or death of more than one person in an accident
  • $20,000 for damage to property involved in an accident

Penalties for Driving Without Insurance

Possession of insurance is enforced in two ways: an officer will ask for proof of insurance when performing a traffic stop or the Secretary of State will randomly select vehicles in their filing system to check for insurance.

If someone is stopped and cannot provide proof of active insurance, the officer will administer a traffic ticket and the driver will be fined:

  • Minimum of $500 for driving without insurance
  • Minimum of $1,5000 for driving with no insurance and registration that has been suspended

A first-time offender will have their vehicle’s registration suspended until they can pay a $100 reinstatement fee and provide proof of active insurance. Multiple offenders will be required to wait four months until the suspension on their registration can be reinstated with the $100 fee and proof of active insurance.

Vehicles with suspended registrations may not be driven by anyone until the registration plates have been reinstated.

Contact an Elgin, TL Traffic Violations Lawyer

Sometimes drivers have active insurance policies, but fail to print out their proof of insurance which should be kept in the vehicle at all times. If this happens, the officer who performs the traffic stop will still issue a ticket for driving without insurance. To fight this charge, drivers should hire a lawyer from the Law Offices of Brian J. Mirandola who can explain the mistake of fact in court. To schedule a free consultation with a Kane County traffic violations attorney, call our office at 847-488-0889.

 

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/vsd361.pdf

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IL accident lawyerBeing involved in a car accident can be a scary thing especially if you are the one who caused the collision. However, it is important that all persons involved in the crash remain at the scene so that police can arrive and take statements as to what happened. Fleeing the scene of a car accident is a crime in Illinois which can lead to fines and/or jail time. If the offending driver was under the influence at the time of the collision, they will also be charged with a DUI and can have their driving privileges suspended.

What Does the Law Require?

Illinois law says that all drivers involved in a crash must:

  • Stop their vehicle immediately
  • Check the other drivers and passengers for injuries
  • Move their vehicle - if it can move - to the side of the road
  • Turn on hazard lights so other cars can avoid the stopped cars
  • Call the police to report the collision

A driver will not be breaking the law if they move their car off of the road and into a safe location such as a parking lot or a less-trafficked side street.

If a driver does leave the scene, they can be found if the other driver involved can take their license plate and report the accident to the police. If caught, the driver will be charged with a Class A misdemeanor punishable with:

  • Up to one year in prison
  • Fines of up to $2,500

In addition, the victim of the collision can petition for compensation for damage done to their vehicle as well as any injuries caused by the accident.

How to Defend Charges for Fleeing the Scene

Unless the victim of the car accident can clearly identify the driver of the fleeing vehicle before it is gone, it would be hard for the prosecutors to determine who was behind the wheel at the time of the incident.

A common defense that the owner of the car involved in the collision can use is claiming that they were not behind the wheel at the time of the crash. Other defenses include:

  • Not being aware that a collision occurred
  • The other driver became enraged making you uncomfortable in staying
  • The offending driver stopped in a safe spot that was farther away than they realized
  • Unable to stop immediately, but called the police after arriving somewhere safe

Contact an Elgin, IL Traffic Violations Attorney

A car accident is a traumatic event that should not be made worse by charges issued after the fact. If you have been involved in a car accident and are now facing charges for fleeing the scene, hire a lawyer from the Law Offices of Brian J. Mirandola who can make sure your rights are not compromised. To schedule a free consultation with a Kane County traffic violations lawyer, call our office at 847-488-0889.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-402

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