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Recent Blog Posts

Penalties for Street Racing and Drag Racing in Illinois

 Posted on June 21, 2022 in Traffic violations

Kane County traffic violations lawyerDrag racing, car racing, and other motorsports are popular spectator sports, attracting legions of fans to large venues and small tracks all around the state. However, some car owners feel tempted to recreate the speeds of race cars on Illinois streets. Participating in street racing, also known as drag racing, is a serious traffic violation and will result in more than just a simple speeding ticket. If your actions fall under the Illinois street racing statute, you could be facing more serious penalties, including the loss of your driver’s license, fines, and even jail time.

What Counts as Street Racing Under Illinois Law

The definitions of street racing in Illinois law generally cover any attempts to see if your car is faster than someone else’s. You can be charged with street racing if you:

What Are the Penalties for Stealing a Car in Illinois?

 Posted on June 14, 2022 in Felonies

Elgin criminal defense attorneyGiven the greater monetary value of a typical vehicle, auto theft is considered a very serious crime in Illinois. However, the act of starting up someone else’s car and driving away is only one scenario that is related to the theft of motor vehicles under Illinois law. Since the theft of a motor vehicle must be proven to be an intentional act, it is essential that you work with an attorney who is experienced in motor vehicle theft cases and can build a strong defense for you.

Penalties and Stealing or Possessing a Stolen Vehicle

The act of stealing or possessing a stolen motor vehicle valued at more than $10,000 is classified as a Class B felony. Penalties can include three to seven years in prison, fines of up to $25,000, and restitution for the value of the vehicle. In less serious cases or for first-time offenders, community service or probation are possible. You also run the risk of having the offense on your permanent criminal record, which can impact your employment, your housing opportunities, your ability to be admitted to academic programs, and other negative consequences.

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Slow Down to Avoid Aggravated Speeding Charges in Illinois

 Posted on June 09, 2022 in Traffic violations

Kane County aggravated speeding lawyerAfter crawling your way through traffic, the highway finally opens up with hardly another car in sight. Unfortunately for you, the first car you do see is a police car, and you were going well over the speed limit. What looked like an open highway just turned into an aggravated speeding charge. Given the severe consequences that aggravated speeding can bring in Illinois, it is best to seek out an experienced defense attorney.

Definitions and Consequences of Aggravated Speeding

Under Illinois law, if you are caught speeding 26 miles per hour or more over the posted speed limit, you can be charged with a Class B misdemeanor. Traveling more than 35 mph over the limit will bring Class A misdemeanor charges and even more serious consequences.

A Class B misdemeanor can result in fines of up to $1,500 and six months in jail. The Class A misdemeanor charge raises the punishment to $2,500 in fines and up to twelve months in jail. On top of that, your driver’s license could be suspended or revoked, and you will most likely be facing much higher auto insurance rates. If you hold a Commercial Driver’s License, that will also be suspended, putting your continued employment at risk.

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Car Thieves Using New Technology in Illinois

 Posted on May 31, 2022 in Felonies

Kane County felony defense lawyerAs wireless technology becomes omnipresent in our cars and our homes, thieves are taking advantage to steal vehicles and sometimes much more. Law enforcement, homeowners, and car dealerships alike are trying to keep up with new ways of accessing cars in driveways, garages, and sales lots. Motor vehicle theft or even just possessing a stolen vehicle could result in felony charges. If you are facing auto theft charges, it is time to call an experienced defense attorney.

Illinois Car Thefts Being Aided by Key Fobs, Garage Door Openers

There are several different techniques being used by thieves to either gain access to a motor vehicle then start it using wireless technology.

Basic key fobs are being used to remotely start cars and then drive them straight off a dealership lot. Thieves are either breaking into dealerships to access the key fobs or dragging the safe that contains the keys close enough to the cars to gain entry and start the vehicles. Once the car is started, they can reprogram a different fob to pair with the vehicle.

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Could Railroad Crossing Violations Cost Me My CDL?

 Posted on May 24, 2022 in Traffic violations

Kane County CDL violations attorneyThe Chicago area is a primary hub of railroad activity for the United States, with six of the seven largest railroads in the country, plus other smaller regional railroads running over 500 freight trains through the area daily. Add to that more than 750 daily Metra, Amtrak, and South Shore trains carrying commuters and visitors on the system. All of this railroad activity means cars and trucks in the Chicago region must navigate a lot of railroad crossings on a daily basis.

If you are a commercial driver’s license (CDL) holder, every time you drive over one of these crossings, you risk a violation that can impact your ability to make a living. Even violations in your personal vehicle can count against your CDL privileges, so it is best to be safe and know your responsibilities. 

Railroad Crossing Violations That Can Impact a CDL

Safety for all vehicles, especially trucks, is held at a premium at railroad crossings. A violation could result in an accident that impacts the truck driver, crew and passengers on the train, and surrounding vehicles, pedestrians, and property. For violations that assign points to your license, three or more offenses committed within any period of 12 months will result in the suspension or revocation of your license. The action by the court is determined by the number of points of the violations.

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Know What to Do If You Are Pulled Over for DUI

 Posted on May 12, 2022 in DUI

Kane County DUI defense lawyerMemorial Day weekend traditionally signals the beginning of summer. With warmer weather coming, more people will enjoy time out with friends, attend barbecues, and enjoy a few drinks at a local bar or restaurant. At the same time, Illinois police will be out in numbers looking for drunk drivers. If you have been pulled over under suspicion of driving under the influence, there are certain things you should and should not do.

What Not to Do When Pulled Over on Suspicion of DUI

  • Don’t become combative or defensive – Remain polite and civil to the officer and do not express any anger or frustration at being pulled over.
  • Don’t volunteer any information – Beyond providing your license, vehicle registration, and other basic information, you do not need to volunteer any additional information about where you were or what you were doing. Remain polite, but avoid self-incrimination. You should not lie; just respectfully state that you won’t answer any questions until you have spoken with a lawyer.

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Can I Have My Criminal Record Expunged in Illinois?

 Posted on May 05, 2022 in Expungement

Kane County Record Sealing LawyerEveryone has made mistakes they wish they could erase, but if you have a criminal past, it could have a daily impact on your life. From finding a job to buying a house, you could be paying for your mistake for the rest of your life. However, in the state of Illinois there is a way to have certain arrests and criminal charges expunged from your record or have your record sealed to allow you the opportunity to move forward and earn additional freedoms back. While some criminal charges will always stay on your record, by contacting an experienced expungement lawyer, you can help determine if your arrest can be expunged or your records sealed

What an Expungement or Sealed Record Can Do for You

Having a criminal record could impact your employment opportunities, access to housing and bank loans, admission to higher education, and your ability to own a firearm. The qualifications for expungement in Illinois are determined by the specifics of the case, including the type of crime you were arrested or charged with, the details of the case, and how long ago the incident occurred. Generally, people without prior convictions or when charges were later dropped, dismissed, or you were convicted but sentenced to supervision may be eligible for expungement. 

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Common Violations Among Motorcycle Riders in Illinois

 Posted on April 26, 2022 in Traffic violations

Elgin traffic violations lawyerWith warmer weather finally coming to Illinois, motorcyclists will be out and ready to ride. If you ride to and from work or just like to hit the road on the weekends, safety is key for enjoying your ride. Committing traffic violations while riding your motorcycle can put you and others at physical risk and also can lead to traffic citations and in more serious cases license suspension and criminal charges. If you are facing any charges related to riding your motorcycle or from operating any motor vehicle, it is important to contact an attorney who will fight to protect your rights.

Behaviors to Avoid While Riding

There are countless ways in which you could violate the law while riding your motorcycle. Here are just a few of the most common and the most dangerous:

  • Speeding - The most common violation for motorcycles as well as other vehicles is speeding. Speeding can lead to crashes directly through loss of control of the motorcycle or indirectly by causing your motorcycle or other vehicles to swerve out of the way. More serious speeding charges, known as aggravated speeding, can result in Class B or Class A misdemeanor charges if you are caught going 26 miles per hour or higher above the posted speed limit. 

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Will I Need an Ignition Interlock Device After a DUI?

 Posted on April 21, 2022 in BAIID

Kane County DUI defense attorneyIf you have been arrested for driving under the influence (DUI) in Illinois, you are facing serious consequences, including to your driving privileges. While even a first-time DUI conviction will result in your license being suspended for at least one year, it is possible to regain limited legal access to drive. It is essential to work with an attorney who has experience needed to help you navigate the legal process. 

Illinois Consequences for a First-Time DUI

If it is the first time that you have been arrested and convicted of DUI, you may be able to regain driving privileges while your license is suspended through a Monitoring Device Driving Permit (MDDP). You will be required to install a breath alcohol ignition interlock device (BAIID) on any vehicle which you drive. Before you drive, you must blow into the device to test if there is any alcohol in your breath. The device will also take a picture to confirm that you are the one who is using the device. If you are below the legal limit for alcohol, you will be able to start the vehicle. Under a MDDP, there is no restriction on when and where you can drive, as long as you have tested negative for alcohol with the BAIID. Without a MDDP, you may not drive while your license is suspended. 

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What if My Teen is Caught in a Car with Alcohol in Illinois?

 Posted on April 12, 2022 in Criminal Defense

Kane County underage DUI defense lawyerGraduation parties and other events at the end of the school year can be a popular time for underage drinking. Many minors and even parents are unaware of the severe consequences Illinois teens face if they are caught underage drinking or possessing alcohol. Penalties for underage driving under the influence (DUI) can be even harsher. Even passengers in a car can be charged for illegal transportation and have their license suspended for one year. At The Law Office of Brian J. Mirandola, we can represent your child if they have been accused of underage drinking and are committed to keeping the offense off their record.

Underage Drinking Basics

In Illinois and nationwide, it is against the law for anyone under 21 years old to purchase, receive, or consume alcohol. Underage drinkers face various severe penalties, including fines and jail time, depending on the circumstances of the case. This includes using a fake ID to buy alcohol. Violating these alcohol-related laws could lead to Class A misdemeanor charges.

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