Recent Blog Posts
How Does the Illinois DMV Point System Work?
Many people have heard of the Illinois DMV point system, but they are not entirely sure of how it works. It is important all drivers are aware of the system, and the penalties they may face for committing certain traffic offenses. While many motorists only consider the fine they may have to pay for a traffic violation, the point system can also levy some other serious consequences.
The Illinois DMV Point System
Any time a driver is convicted of a traffic violation, such as speeding, the Illinois Secretary of State will add points to that person’s license. Typically, serious violations incur a greater number of points than minor traffic offenses. Once a driver has incurred a certain number of points, their driver’s license can then be suspended or revoked. Sometimes an offense, such as a DUI, are so serious that a person may have their license suspended or revoked for that one violation alone.
Is Your Spouse Lying About Assets In Order to Manipulate Your Divorce Settlement?
Divorce represents both the end of a romantic relationship and the end of a financial relationship. Illinois laws regarding property division, child support, and spousal maintenance are designed to be fair and reasonable so that neither spouse suffers serious financial harm. However, in order for these laws to be applied accurately, divorcing spouses must be truthful about their debts, assets, income, and expenses.
In some cases, a spouse may fabricate financial data in order to gain a divorce settlement that is biased toward him or her. This is especially common in situations involving a spouse who owns a business, has complex investments, or who has traditionally made all of the financial decisions in a marriage. If you are worried that your spouse may lie about finances in order to gain an unfair advantage during divorce proceedings, speak to a divorce lawyer as soon as possible.
Do You Know the Different Types of DUIs in Rolling Meadows?
When most people think about DUI charges, they typically think of a person driving with a blood alcohol concentration (BAC) greater than the legal limit. In Illinois, as in most states, this limit is 0.08 percent. However, this is just one type of DUI charge in the state. In Illinois, there are six types of DUIs a person may face, and many of them do not even involve having a BAC higher than the legal limit.
DUI with BAC of 0.08 or Higher
This is the most common type of DUI in Illinois. To secure a conviction, the prosecution must prove beyond a reasonable doubt that a person was in physical control of a vehicle and that they had a BAC of 0.08 percent or higher.
The prosecution does not have to prove that the individual was driving dangerously, or that they were showing any signs of impairment. They only must prove the defendant was impaired and in control of the vehicle, which does not necessarily mean driving it. Even if the person was pulled over to the side of the road with the car keys in their pocket, they can still be arrested as they still have control over the vehicle.
What You Should Know About Parental Abduction Laws in Illinois
When parents get divorced in Illinois, they are required to create a parenting plan which contains directions for how the parents will share custody of their children. The plan divides parental responsibilities as well as parenting time between the parents. If the parents cannot decide on a parenting plan together, the court will formulate a parenting plan that meets the child’s best interests.
Once a plan is approved by the court and entered into the divorce judgment, the plan is a legally enforceable court order. If a parent purposely violates the terms of the order, he or she can be held in contempt of court. In some situations, when a parent refuses to allow the other parent to see his or her child, the parent withholding the child is committing parental abduction.
When Does Parental Abduction Occur?
Sometimes, a parent makes a mistake and accidentally violates the terms of the existing parenting plan. He or she may have gotten two dates mixed up or simply lost track of time. Situations like these do not constitute an offense that is likely to result in criminal or civil consequences. However, when a parent purposefully keeps a child away from his or her other parent during the other parent’s court-ordered parenting time, this could be considered parental abduction in some cases.
Obtaining an Out-of-State Licenses After Being Suspended in Illinois
Law enforcement departments in Illinois have noticed a disturbing trend. After being convicted of a DUI, individuals visit another state for the purpose of obtaining out-of-state licenses after being suspended in Illinois. A man in Romeoville just tried this exact ploy. After his license was suspended after being convicted of multiple DUIs, he visited Iowa to get a new one. After he did, he returned to Illinois before being pulled over and charged again with a DUI.
Police in Illinois say that this is not actually all that unusual. It is becoming a recurring trend and one that they obviously want to stop. Drivers that are thinking about trying the scheme should know that it comes with serious penalties.
The Driver’s License Interstate Compact
There is a reason people can simply go to another state to obtain a driver’s license after theirs is suspended in their home state. That reason is because of the Interstate Driver’s License Compact. This contract tells all states to uphold a driver’s license suspension, even if it occurred out of state. The only states that do not take part of the contract are Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.
What Happens If My Spouse Files for Divorce and I Am Not Ready?
While it can certainly be fulfilling and ultimately bring a great deal of happiness to both spouses, marriage takes a great deal of work, even in the best of circumstances. In more challenging situations, staying together might prove impossible, especially if one spouse is particularly unhappy. This can become painfully obvious if that spouse files for a divorce that you may have never seen coming. If you have recently been served with divorce papers and the request has taken you by surprise, it is time to start preparing for the road ahead.
Act Quickly
Once you have been served with divorce papers, it means that your spouse has formally filed a petition for divorce with the court. For your part, you must file a written response, or at least an appearance, within 30 days. Your response does not necessarily mean you agree to the divorce. In fact, you can directly refute any complaints or allegations your spouse may have included in the petition. If you do not file an appearance or a response in the allotted time, however, you risk being held in default, which means the process can continue without you. A default judgment against you in your divorce should be avoided at all costs.
Can You Get Arrested for Speeding?
Many motorists think that if they are pulled over for speeding, the most severe penalty they will face is a traffic ticket. However, when motorists drive at an excessive rate of speed, they can face criminal charges. These can result in not only a permanent criminal record for those convicted, but also the very real possibility of jail time. Although most instances of speeding will not result in these harsh consequences, if a person is found guilty of aggravated or excessive speeding, they just might.
Aggravated and Excessive Speeding
When a person is arrested for speeding, it is most likely due to the fact that a police officer believes they are guilty of aggravated or excessive speeding. The penalties for speeding will depend on just how fast over the speed limit a motorist was driving.
Operating a vehicle over 26 to 34 miles per hour above the posted speed limit is considered a Class B misdemeanor. For individuals convicted of this crime, the punishment is a maximum of 180 days in county jail, a fine of $1,500, or both.
What Are Your Rights When Approaching a DUI Checkpoint?
The holidays are approaching and that means in Illinois, you will likely come across more DUI checkpoints as you are traveling between shopping malls, restaurants, and the homes of loved ones. During the landmark case, Michigan Department of State Police v. Sitz, the United States Supreme Court ruled that these checkpoints do not violate a person’s rights. However, the federal government leaves it up to the individual states to determine if these stops go against the state’s constitution, and how to operate them if they determine they are legal.
Unlike some states, such as neighboring Wisconsin, in Illinois, DUI checkpoints are considered legal. That doesn’t mean though, that you do not have any rights when approaching one.
How DUI Checkpoints Work
Law enforcement has the right to set up DUI checkpoints any time they wish and in nearly any location. They cannot set these checkpoints up in areas that would cause needless traffic jams, or that would pose a hazard to drivers, such as on a highway. Police typically choose a location where arrests for DUIs are common. Sometimes police departments may announce where these checkpoints are, in the hopes that it will deter drunk driving. Other times, they may be more discreet, in the hopes of catching drivers off guard.
Why You Should Consider Drafting a Prenuptial Agreement
Prenuptial agreements have an unfair reputation as only being used by the extremely wealthy or in celebrity marriages that seem doomed to fail. The truth is that many normal, everyday, couples who take the financial responsibilities associated with marriage seriously sign prenuptial agreements. A prenuptial agreement, or "prenup," can protect you and your soon-to-be spouse’s property rights in the event of divorce and address other issues. Drafting a prenuptial agreement is also a great way to start a dialogue about how financial matters should be managed during the marriage.
Common Situations in Which a Couple Utilizes a Prenup
Many people who are getting married for the second or third time use a prenuptial agreement. When you are on a second or third marriage, your financial situation is likely much more complicated than it was the first time you got married. You may own a home, significant assets, or have child support and spousal maintenance obligations from your previous relationship. A prenup can define exactly how marital assets should be divided if the marriage ends in divorce. It can also ensure that your final wishes regarding asset distribution and special heirlooms are followed.
Understanding Reckless Homicide in Illinois
Car accidents happen every day in Illinois. Many of these accidents are very minor and do not result in serious injuries. However, sometimes these crashes result in severe injuries and sometimes, even death. When one person causes the accident and another dies as a result, the driver may be found guilty of a felony. This is true when the driver’s negligent or reckless actions caused the accident and the resulting death. In Illinois, this is known as reckless homicide. Some drivers confuse this offense with reckless driving, but there are significant differences, including the penalties associated with them.
Differences Between Reckless Homicide and Reckless Driving
Reckless homicide and reckless driving both involve a driver acting negligently or recklessly while on the road. This means they show a blatant disregard for the safety of others. However, reckless homicide must involve a death for someone to be convicted of the offense. In fact, the Illinois statute governing reckless homicide also includes involuntary manslaughter.
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At Cosley Law Office, we represent clients in Illinois, including the cities of Rolling Meadows, Schaumburg, Palatine, Arlington Heights, Mount Prospect, Buffalo Grove, Barrington, Elk Grove Village, Inverness, Wheeling, Long Grove and Mundelein, as well as Cook County, Lake County, DuPage County and throughout the Chicago, IL, metropolitan area.
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3030 Salt Creek Lane, Suite 120, Arlington Heights, IL 60005
847-253-3100