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Wrong-Way Accidents Are on the Rise in Illinois

 Posted on July 12,2023 in Traffic violations

IL defense lawyerIn Illinois, the number of wrong-way crashes has increased by 15 percent in the past three years. Driving the wrong way is considered a traffic violation in Illinois but if the crash results in an accident or injuries the penalties are more serious. Depending on the circumstances of the crash, it is best to seek the help of a criminal defense attorney. At The Law Office of Brian J. Mirandola, it is our job to help clients who erroneously caused an accident or those who may have had a lapse in judgment at the time.

Penalties for Wrong-Way Driving

Wrong-way drivers can cause catastrophic crashes because they usually occur head-on and at high speeds. According to AAA, six in ten wrong-way collisions involve alcohol impairment. In addition, many wrong-way drivers are elderly and have difficulty navigating roads or recognizing signs. Here are general penalties you could face for wrong-way driving:

  • Reckless Driving – Endangering the safety of others on the road. Reckless driving is a misdemeanor offense in Illinois and you could face stiff fines, possible license suspension, and up to one year in jail.
  • Aggravated Reckless Driving – Causing bodily harm or great bodily harm to another person could lead to charges of aggravated reckless driving. This is a more serious offense and can result in felony charges.
  • Vehicular Homicide – If someone dies, you could be charged with vehicular homicide or involuntary manslaughter. These charges are felony offenses that carry severe penalties, including significant fines, lengthy license suspension, and substantial prison sentences.

The actual penalties imposed can depend on the specific circumstances of the case, any previous driving offenses, and the judge's discretion.

Possible Defenses

We recommend you seek legal representation because if you can demonstrate that some of these factors played a significant role in your case, it may support a defense argument:

  • Lack of intent – You did not intentionally drive the wrong way on the road. You may have missed or misinterpreted a road sign or were confused due to poor visibility or other environmental factors.
  • Lack of knowledge – Inadequate or unclear signs indicating the proper direction of travel. In this case, you could argue that you were unaware that you were driving the wrong way.
  • Medical emergency – A sudden medical emergency, including a seizure, stroke, or loss of consciousness, may have caused you to drive the wrong way. Or perhaps you were trying to avoid an imminent danger.
  • Road design or road hazards – Poor road design or improper road maintenance can lead a driver to lose control of their vehicle. Poor design could also contribute to a driver inadvertently entering a road in the wrong direction.
  • Testimony – If those present at the time of the crash can attest to your actions or circumstances that may have led to you driving the wrong way, their testimony can be valuable.

Contact an Elgin, IL Criminal Defense Lawyer

If you are facing charges for wrong-way driving at The Law Office of Brian J. Mirandola we focus your defense strategy on the specific facts and circumstances of your case. A skilled Aurora, IL criminal defense attorney can assess the details and provide you with the best possible guidance based on the laws and precedents in Illinois. Call 847-488-0889 for a free consultation.

Sources:

https://newsroom.aaa.com/2021/03/heading-the-wrong-way-with-wrong-way-driving/

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-701

 

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