CALL FOR A FREE CONSULTATION
47 DuPage Court, Elgin, IL 60120
Recent Blog Posts
Zero Tolerance for Underage Drinking and Driving in Illinois
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.
Can I Still Drive if My License is Suspended Due to a 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:
Am I Better Off Refusing a DUI Test?
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.
The Potential Consequence of Failing to Report a CDL Violation
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.
Wrong-Way Accidents Are on the Rise in Illinois
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.
Road Construction Season Is in Full Swing: Do Not Jeopardize Your Driving Record
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.
Are You Facing Stolen Vehicle Charges? Understanding the Consequences
In 2022, nearly 39-thousand cars were stolen in Illinois. That is a 35 percent jump in the number of stolen vehicles between 2021 and 2022. But possession of a stolen motor vehicle is a serious offense that can have significant consequences on your life. Such charges may create obstacles if you are trying to get a bank loan or find employment. If you are facing charges for possession of a stolen motor vehicle, The Law Office of Brian J. Mirandola recommends that you seek legal representation to protect your future and effectively navigate the legal process.
Why You Need Legal Representation
If you are found in possession of a stolen vehicle, you could face felony charges that carry severe penalties, including time in jail and hefty fines.
If you stole the car, purchased it unknowingly, or borrowed it without permission, you will still face the same felony charge. Therefore, it is crucial to seek the assistance of an experienced Illinois criminal defense attorney as soon as possible. An attorney can help negotiate with the prosecution to potentially reduce the charges or penalties you face. With their knowledge and experience, they can help you protect your rights and work towards the best possible outcome in your case.
Are You Facing Drug Charges after an Illegal Search and Seizure?
Recently, in Illinois, fentanyl-laced pills worth up to $10 million were found in an I-57 traffic stop. Last year, Illinois State Police and drug task groups seized nearly 27 thousand pounds of drugs. But what happens when authorities violate your rights during a search and seizure? While it is against the law to possess any amount of controlled substances if police illegally searched your car and found drugs, you may have a strong defense in court as they may constitute an illegal search and seizure. If you are facing drug crime charges, it is important to understand the serious consequences that can come with a conviction and to seek the help of a criminal defense attorney.
A Violation of Constitutional Rights
The Fourth Amendment of the United States Constitution protects citizens from illegal search and seizure. That means that law enforcement officials must have a warrant or probable cause to search your home, car, or person.
Domestic Violence Among LGBTQ Partners Is on the Rise: Protecting Your Rights
June is LGBTQ+ awareness month, so what better time to address a growing problem among same-sex couples? Recent research shows that members of the LGBTQ+ community experience domestic violence at a similar or higher rate than heterosexual couples and that 18 percent of reported incidents of intimate partner violence or IPV increased following the pandemic. At The Law Office of Brian J. Mirandola, our priority is to protect the rights of our clients while also recognizing the harm caused to others.
Who Can Be Responsible for Domestic Violence
When it comes to family conflict, same-sex couples face similar problems as heterosexual couples. Domestic violence occurs between people who are or have been in a close relationship. Often it involves emotional, sexual, and physical abuse. If someone threatens, stalks, or harasses someone else, it can be deemed domestic violence. Research shows that cases involving severe violence are higher among same-sex relationships. If you fear for your life it is important to seek protection. In Illinois, a person has a right to file an order of protection against the following people:
What Happens If I Violate an Order of Protection?
If you are accused of domestic violence and you have violated the terms of a protective order it could be a serious criminal offense. The only way to reverse the order is to contest the order in court with the help of an attorney. Restraining orders, even temporary ones, should not be taken lightly. Violating a protective order can lead to time in jail even if you believe that the order is not fair. You may have made a mistake or perhaps you had a valid reason for violating the order. At The Law Office of Brian J. Mirandola we understand that depending on the circumstances of your case, offering an explanation to the judge can make a big difference.
Three Types of Orders of Protection
An order of protection often comes with criminal penalties even though a civil court issued the order. It will mandate a person to stop harassing, threatening, or harming another person. The person filing the petition can file a case against a family member, the parent with whom the couple shares a child, a caregiver, a current or former boyfriend, girlfriend, spouse, or roommate. This year the process became slightly more practical because a petitioner can file an Illinois order of protection online or in person.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
