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IL defense lawyerOf all the traffic violations you might face in Illinois, reckless driving is one of the most severe since it can lead to a Class A misdemeanor, requiring you to pay up to $2,500 in fines and to spend up to a whole year in jail. In addition, reckless driving charges might also include other charges, such as DUI. The purpose of laws like those surrounding reckless driving is to keep the roads safe for all motorists and pedestrians. So, what happens when you think you are keeping people safe by wearing a mask due to COVID-19 despite operating a motor vehicle? Doing this brings with it a host of problematic scenarios illustrated here.

Why Wearing a Mask While Driving Could Get You Pulled Over

As difficult as it might be to believe, people have gotten into car accidents while wearing masks as of late due to the pandemic. In many of those cases, the safety of the driver was the greatest concern as it seemed the mask might have triggered a health problem. But that does not mean that there is no possibility you might get pulled over for driving recklessly if you are wearing a mask. Here are some of the ways a mask can interfere with your driving and cause you to seemingly drive recklessly:

  • Obstruction of Vision—Medical experts agree that the placement of certain masks on the face can obstruct your vision, especially while driving. What is more, if you wear glasses, the lenses inside your frames could fog up, creating even more serious issues for your line of sight. And do not get other officials focused on public safety started on the subtle concerns of hanging that mask from your mirror, right in the center of your line of sight through the windshield. It could be an accident waiting to happen. Such obstructions are the equivalent of texting while driving in terms of how they can prevent you from keeping your eyes on the road.
  • Breathing Issues—If your mask is causing you to struggle to breathe, then you might lose consciousness or become lightheaded enough not to drive your vehicle properly. In many cases, this can be viewed by the arresting officer as the equivalent of driving under the influence of alcohol or drugs.
  • Aggravation of Other Medical Problems—If you already have a heart problem or another medical condition that causes breathing issues, then wearing a mask while driving can further aggravate your condition. Even the anxiety of wearing something on your face can force people to adapt their driving in reckless ways that make the road unsafe for other drivers—and even lead to serious complications for your own health.

For these reasons, the Centers for Disease Control and Prevention (CDC) recommends that you not wear a mask while driving. It could lead to an accident, and it could certainly cause you to be issued a traffic violation.

Contact a Kane County Traffic Violation Attorney

Mask or no mask, if you are trying to deal with a traffic violation, you should give an Aurora IL reckless driving lawyer a call at 847-488-0889 for a free consultation. The talented team at the Law Offices of Brian J. Mirandola can guide you through the charges and give you the representation you need to overcome that traffic violation.

 

Sources:

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-face-cover-guidance.html

https://www.nydailynews.com/coronavirus/ny-nj-driver-crashes-care-wearing-coronavirus-mask-20200424-xatumnzsrraynfftvlx2gy4yje-story.html

https://www.nbcsandiego.com/news/investigations/nbc-7-responds/why-you-shouldnt-hang-masks-from-your-cars-mirror/2378771/

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IL defense lawyerConstruction zone tickets are not just any usual traffic violation ticket; since these types of traffic violations involve the safety of construction workers, they often carry with them steeper penalties and fines. However, getting one of these tickets does not mean you must accept the consequences without question or litigation. There might have been legitimate reasons why you were unable to follow the rules of the construction zone, or maybe the government itself did not properly handle administering the penalties. No matter what your circumstances, here are some of the most common strategies for fighting a construction zone ticket.

Three Common Strategies for Fighting a Construction Zone Ticket

With the right lawyer, strategies like these can be used to successfully defend you against a construction zone ticket.

Prove the Government Did Not Properly Handle Administration of the Penalty: If for some reason the ticketing process did not go as smoothly as it usually does, the authorities might not have handled it correctly. In those cases, much like criminal defense cases, procedural errors can help you defeat these tickets. Examples of the authorities’ failure to comply with their own rules of ticketing include:

  • Neglecting to send the ticket within a specified amount of time (in most cases, 14 days according to the law)
  • Camera functionality issues that did not adequately and fairly capture the violation
  • Flawed construction zone worker testimony or records concerning the case

Establish an Argument About Difficult Driving Conditions: Inclement weather always impacts driving in some way, especially highway driving. In this sense, it is not always entirely your fault for breaking the zone’s rules. For instance, you might have:

  • Missed the signs about the construction zones and the possible penalties due to snow covering them
  • Been unable to see that it was a construction zone due to dense fog
  • Slid on an icy patch that caused your car to veer or speed up beyond the guidelines of the construction zone

Provide Evidence of Sign Legibility Issues: Your lawyer might be able to prove that the signs were not clearly marked, making it difficult for you to be made aware of the construction zone. Possible reasons for the lack of clarity on the sign might include:

  • Graffiti or other vandalism that conceals the messages on the signs or markings on the road
  • As mentioned earlier, weather conditions that also cover the notices about the zone
  • Small print or otherwise unclear markings on the signs due to manufacturer error

Contact an Elgin, IL, Traffic Ticket Attorney

Contact a Kane County construction zone ticket lawyer by calling 847-488-0889 for a free consultation. With more than 20 years of legal experience, the Law Offices of Brian J. Mirandola can offer you key insights and strategies that will assist you in fighting that construction zone ticket and not having to worry about paying hefty fines or dealing with stiff penalties.

 

Sources:

https://www.illinoistollway.com/projects/work-zone-safety

https://www.irtba.org/Safety

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IL defense lawyerEven though a traffic offense may require you to attend traffic court in Illinois, you still have a range of rights that you should use to your advantage. Regardless of the charges you face, a skilled traffic offense attorney will not only help you understand your rights but how they apply in your case. With the right knowledge and preparation, you have the best chance of limiting or dismissing charges altogether.

Your Rights and Illinois Traffic Courts

A simple view of Illinois traffic court is that a person charged with a traffic violation must appear before a court to appeal their case. Although this is partially true, it does not present the full picture and all of the tools at your disposal.

When you appear before a traffic court, you have the right to an attorney. To be represented by an attorney, you must be charged with a traffic offense that could result in imprisonment. Even if you cannot afford an attorney, the court will appoint you one if you face charges of this magnitude. To have the court assign you an attorney, you must prove financial hardship by sharing

  • A current pay stub
  • Your W-2
  • Proof of disability or Social Security income
  • Proof of public assistance
  • More documents depending on your circumstances and what the court deems necessary

Even if the court does not charge you with an offense punishable by jail time, you still have the right to an attorney. However, in this case, if you cannot afford to hire an attorney, the court will not appoint you one.

Also, you have a right to confrontation. If you face charges, you do not have to grimly accept the prosecution’s claims. You can cross-examine the prosecution, even if they are a police officer. To support your case, you may bring witness testimony to court.

Lastly, you have a right to an appeal. Even after a judge makes a decision, you can appeal your case to the Illinois Appellate Court. You must file this appeal within 30 days after the traffic court decided on your case. When you use all of these rights to their fullest potential, you increase your chances of reaching an ideal outcome.

Contact a Kane County Traffic Offense Attorney

Traffic court does not have to pose as stressful of an experience as it may seem. Prepare for your appearance in traffic court with a Kane County traffic offense attorney you can trust. At The Law Offices of Brian J. Mirandola, we have an extensive history representing clients in Illinois criminal and traffic law. To schedule a free consultation and learn more about how our attorneys can help, call 847-488-0889.

 

Source:

https://www.isba.org/public/guide/illinoistrafficcourts

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Posted on in Traffic violations

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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