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Recent Blog Posts
Car Thieves Using New Technology in Illinois
As 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.
Could Railroad Crossing Violations Cost Me My CDL?
The 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
Know What to Do If You Are Pulled Over for DUI
Memorial 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.
Can I Have My Criminal Record Expunged in Illinois?
Everyone 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.
Common Violations Among Motorcycle Riders in Illinois
With 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.
Will I Need an Ignition Interlock Device After a DUI?
If 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.
What if My Teen is Caught in a Car with Alcohol in Illinois?
Graduation 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.
Slow Down in Illinois Construction Zones to Avoid Higher Penalties
Warmer weather is right around the corner, but so is construction season in Illinois. If you are caught speeding or stopped for other traffic violations in a construction zone, you face much stricter penalties than for violations outside of a work zone. Even for a first violation, drivers face higher fines, the temporary loss of their license, and more points added to their driving record, resulting in higher insurance rates. Slow down and drive safely in a construction zone, or you could face serious penalties.
Speeding Violations in Construction Zones
A driver will be assessed a minimum fine of $250 for their first speeding offense in a construction zone. The minimum penalty is $750 plus a driver’s license suspension of 90 days for a second offense.
Aggravated Speeding in a Construction Zone
Drivers charged with speeding of at least 26 mph over the posted construction zone speed limit, which is known as aggravated speeding, may be charged with a Class B misdemeanor and risk spending up to six months in prison and face a maximum fine of $1,500. Aggravated speeding more than 35 miles per hour over the limit is a Class A misdemeanor, with a punishment of up to one year in prison and a maximum fine of $2,500.
5 Types of Forgery That Are Illegal in Illinois
The state of Illinois defines forgery as when an individual intentionally falsifies documents, issues or intends to issue falsified documents, or uses a false signature to deceive another party. Forgery is considered a criminal offense typically charged as a Class 3 felony. But, what does fraud look like in day-to-day use? It is essential to understand common deceptive practices that can be charged as felony forgery to maintain lawful practice and keep yourself safe from criminal misconduct.
Falsified Checks
One of the most common acts of forgery is through creating falsified checks. Checks are a written form of financial payment that directs a bank to send out or receive a sum of money to another bank account. Individuals who falsify checks may use another person’s signature to sign off on a financial payment or sign a check from a bank account that they know to be closed. These actions are considered forgery and could be prosecuted as a felony in Illinois.
Maintaining Your Fourth Amendment Rights — How to Defend Against an Illegal Search and Seizure
The Constitution of the United States protects citizens from unjustified searches and seizures by government entities. This right is typically exercised by individuals who feel that they have had an illegal search or confiscation of property by a police officer either in their home or in their vehicle. Without a warrant or strong probable cause, officers are not allowed to search your private property. If you were charged with a crime after an officer searched or invaded your property without reason, a skilled defense attorney might have a solid foundation to build your defense case.
What is a Justifiable Search?
According to the Fourth Amendment to the U.S. Constitution, officers and other government officials must have a valid reason to search your property for criminal misconduct. Most of the time, officers will obtain a search warrant, a legal document provided by the court that gives someone the right to search your property. Officers must give evidence of potential misconduct to the court. This may include word-of-mouth information, photographs, and videos, or witness testimony. A legal search warrant must consist of where the officer intends to search, what time the search will occur, and what types of items they are looking to seize during the investigation. With a search warrant, an officer is allowed to seize:
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