Posted on September 06, 2023 in Theft

Prosecution for retail theft in Illinois is no laughing matter. You must understand your rights and options. You have the right to an attorney, and it is strongly advised that you exercise this right. An experienced criminal defense lawyer can help you understand the charges against you, build a strong defense, and protect your interests in court.

What are the Penalties for Retail Theft in Illinois?

The penalties for retail theft vary depending on the value of the property stolen. If the value of the property is less than $300, it is a Class A misdemeanor, which is punishable by up to one year in jail and a fine of up to $2,500. This can be bumped up to a Class 4 felony if the individual:

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 Posted on August 26, 2023 in Criminal Defense

Illinois takes a firm stance against fraud, leaving no room for deceptive practices. From businesses to individuals, the state leaves no stone unturned when it comes to safeguarding the sanctity of transactions. In the intricate world of finance, some actions might seem inconspicuous, but forgery and deceptive practices pack a punch when it comes to legal repercussions that go beyond monetary fines and jail time. Imagine being turned down for loans due to a criminal record or facing roadblocks while trying to secure a rental. In this blog, we will take a closer look at financial moves that can lead to trouble.

Keep Your Finances on the Right Track

Whether it is altering information or misrepresenting the facts, these moves are considered deceptive practices and they are against the law in Illinois. Here are five forms of trickery that come with serious legal consequences:

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 Posted on August 16, 2023 in DUI

Facing a drunk driving charge can be a stressful and overwhelming experience, especially if this is your first encounter with the legal system. In Illinois, 86 percent of all drivers arrested for DUI are first-time offenders. You may be scared and not realize that you have options. Trying to understand how to defend yourself can be tricky so we recommend reaching out to The Law Office of Brian J. Mirandola to have an experienced criminal defense attorney help you during this difficult time.

First Offense

Under Illinois law, a first DUI offense occurs when someone has not had his or her license suspended within the past five years, has a DUI conviction or assigned court supervision for DUI, or has a DUI conviction outside of Illinois. These are some common scenarios for first-time offenders and the impact on driving privileges:

• Chances are you were given a chemical test when you were pulled over by an officer. If you have been told that you failed the test and this is your first offense, your driving privileges will be suspended for six months.

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 Posted on August 14, 2023 in BAIID

Navigating the aftermath of a DUI charge can be a complex and challenging process, especially when it comes to reclaiming the freedom to drive. That is when a Breath Alcohol Ignition Interlock Device (BAIID) becomes an essential aspect of the journey. In Illinois, approximately 12,000 individuals drive with a BAIID that has been installed in their vehicle. This device, though imposing at first glance, plays a pivotal role in not only reinstating driving privileges but also in promoting responsible behavior behind the wheel.

Advanced Technology

In most states, including Illinois, a BAIID is required for individuals who have been convicted of driving under the influence offenses. A BAIID uses advanced technology to detect the blood-alcohol content (BAC) of the driver before the vehicle starts. The device is installed in the ignition of a vehicle and prevents the driver from starting the car if their breath registers an elevated BAC of .025 or more.

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 Posted on August 11, 2023 in Underage Drinking

As summer heats up, young people often find themselves enjoying newfound freedom, and that can include alcohol consumption and driving. Research shows that Illinois may have a significant underage drinking problem with nearly four percent of people under the age of 21 dying from excessive alcohol use. The zero-tolerance law has not only served as a deterrent for young drivers but it has also contributed significantly to the overall reduction of alcohol-related accidents and deaths involving minors.

Zero-Tolerance Law

Illinois, like many states across the United States, has adopted a zero-tolerance policy for drivers under the age of 21 who are caught with any amount of alcohol in their system while operating a vehicle. That means that even a minuscule blood alcohol concentration (BAC) can lead to serious legal consequences, regardless of whether it is evident or not that the underage driver is impaired.

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 Posted on July 27, 2023 in DUI

Once your driver’s license has been suspended or revoked, it is against the law to drive. At The Law Office of Brian J. Mirandola we understand that losing the ability to drive can make it very difficult to get around town and meet your obligations. We will work to help you regain your driving privileges even after a DUI with a restricted driving permit or RDP.

Restricted Driving

Driving on a suspended or revoked license is considered a criminal offense and you will be expected to pay fines and jail time. However, in Illinois, if your driver’s license has been suspended or revoked and you are a repeat offender you can apply for an RDP. The permit will allow you to drive to and from work, school, or a doctor’s appointment. Under the law, the RDP enables you to drive 12 hours a day, six days a week, for a limited number of miles. Here are some things to keep in mind depending on the number of DUI offenses you have:

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 Posted on July 24, 2023 in DUI

So you got pulled over by an officer who alleged you were driving under the influence of alcohol. You may have figured that if you refused to take the chemical test, there would be no proof of alcohol in your system. Now you are facing severe consequences including the suspension of your driver’s license. Can you possibly present a DUI defense after refusing a test?

Implied Consent Law in Illinois

In Illinois, the state's implied consent law requires drivers to submit to chemical testing which includes breath, blood, or urine tests. Refusing to take a chemical test can have legal consequences, including having your driver's license suspended. The officer however must have a reasonable suspicion that someone is drunk before requesting a breath test, such as visible signs of intoxication.

Potential Penalties

Refusing a test to measure your blood alcohol content is not a crime but it is considered an administrative offense. If you refuse the test and it is your first offense, your license will be suspended for one year and you will not be eligible for a Monitoring Device Driving Permit. If it is a second offense, your license will be suspended for three years. These penalties can be imposed even if you are ultimately found not guilty of DUI.

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 Posted on July 14, 2023 in Traffic violations

Commercial truck drivers are the backbone of America and they are held to stricter rules and regulations compared to other motorists on the roads. Dedicated truckers drive billions of miles each year, sometimes in and out of different states, to deliver everything imaginable. They spend countless hours behind the wheel and therefore it is only natural to wind up with a commercial driver’s license violation. You may think that not telling anyone about a commercial license violation will get you home scot-free. But there are serious legal consequences for failing to report commercial license violations in Illinois.

Reporting Requirements

If you are a truck driver with a commercial driver’s license or CDL and you are pulled over and slapped with a traffic ticket outside of Illinois, you must report the infraction to the Secretary of State. It is understandable to think that if you tell your employer about this violation, you are putting your job in jeopardy. But it is quite the contrary. You must notify your employer within 30 days or risk losing your job.

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 Posted on July 12, 2023 in Traffic violations

In 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.

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 Posted on June 29, 2023 in Traffic violations

Schools have let out for the summer and families are hitting the road on vacation. Do not be surprised if you encounter traffic congestion. This is also the time of year when road crews take advantage of daylight savings time to perform construction work and maintenance. Without a doubt, you may feel frustrated and want to bypass the traffic. More than 6,700 motor vehicle accidents occur in Illinois construction zones every year leading to more than 1,600 injuries, in many cases, speed is to blame. Keep in mind that speeding in a construction zone could lead to much more than a construction zone ticket.

Monitoring Road Work Ahead

An interactive map is currently available to residents so they stay updated on county-wide construction projects including highway resurfacing, intersection improvements, and bridge replacement. Drivers are urged to avoid construction zones when possible to minimize congestion. If you absolutely have to drive on these roads, you should follow the signs for construction zone speed limits and partial lane closures to keep you and construction workers safe.

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