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The Illinois Marriage and Dissolution of Marriage Act was rewritten last year and became effective January 1, 2016. Less than a year later, more changes are already on their way, intended to "clean up" the Act.
Although not effective yet, stay tuned for the following changes:
Removal - both parties will be enjoined from removing a minor child from the court's jurisdiction for more than 14 days. Both parties will also be enjoined from concealing a child from the other parent.
College - educational expenses will be capped at "in-state" tuition and fees at the University of Illinois (Champaign-Urbana).
School is back in session! As a result, we wanted to remind you once again to watch out for those special school zone speed limits because a ticket for speeding in a school zone carries with it severe consequences.
So long as you have been properly notified by a sign or flashing signal, the speed limit in a school zone on school days is 20 miles per hour. Pay attention to the notification posted because the conditions under which the speed limit changes varies among cities, towns and villages. In some instances, the speed limit only drops to 20 mph if children are present during school hours. However, in some school zones, the speed limit is 20 mph on school days regardless of whether children are present, during the hours of 7:00 a.m. and 4:00 p.m. In some areas, the school zone speed limit only applies if a flashing light is activated. When in doubt, it is better to reduce your speed near a school to avoid being pulled over and ticketed. Police officers, prosecutors and judges take these tickets very seriously due to the risk of harm to young children. That is why you cannot receive court supervision even for a first time offense, which means unless you beat the ticket altogether, a conviction will go on your record.
Illinois Supreme Court rejects challenge to mandatory convictions for aggravated speeding in People v. Rizzo.
A Cook County judge ruled that a motorist's inability to receive court supervision for aggravated speeding (driving 26 mph or more over the speed limit) was too harsh when compared to other class A misdemeanors. Driving 26-34 mph over the speed limit is a class B misdemeanor, while driving 35 mph over the speed limit is a class A misdemeanor. The Cook County decision reasoned that the penalty for aggravated speeding was "cruel and degrading" when compared to other class A misdemeanors that allow for a court to grant supervision, such as Driving While License Revoked, Driving While License Suspended, and DUI, even when involving bodily harm or death. Nonetheless, the Illinois Supreme Court overturned the Cook County decision ruling that a driver's inability to receive court supervision for aggravated speeding does not violate the proportionate penalties clause of the Illinois Constitution. The "collateral consequences of conviction...do not qualify as part of the 'penalty' for purposes of proportionate penalty analysis."
If you need legal advice and representation involving a divorce, family law dispute, criminal case, DUI or other traffic matter in DuPage County, contact our attorneys at J. Aldrich Law, P.C. for a free initial consultation. We are conveniently located at 1700 Park St., Suite 203 in Naperville, Illinois. We serve all of DuPage County, including: Addison, Bensenville, Bloomingdale, Burr Ridge, Carol Stream, Clarendon Hills, Darien, Downers Grove, Elmhurst, Glen Ellyn, Glendale Heights, Hanover Park, Hinsdale, Itasca, Lisle, Naperville, Naperville, Oak Brook, Oakbrook Terrace, Roselle, Villa Park, Warrenville, Wayne, West Chicago, Westmont, Wheaton, Willowbrook, Winfield, Wood Dale, and Woodridge.
Speeding in a construction zone is an unsightly blemish on your driving record that you should try to avoid at all costs, whether by avoiding the ticket altogether or fighting it in court. Even though it is a petty offense that you may walk away from with only a high fine, it is taken very seriously by judges and prosecutors due to increased concerns for the safety of workers.
Be aware when entering a construction zone that the speed limit is almost always reduced. Signs must be posted warning drivers that they are about to enter a construction zone and advising them of the maximum speed allowed within that particular construction zone. Most people don't realize that the reduced speed limit applies whether workers are present or not. Avoid the common misconception that if you don't see any workers, you can avoid the special speed limit. That is not the case!
If you have been previously arrested, charged, and even convicted, but you do not qualify for Expungement, you may be able to clean up your criminal record by filing a Petition to Seal. A criminal history can cost you a job, admission to college or can have other negative consequences on your life and future. The process of Sealing entails petitioning the court for the entry of an order directing law enforcement agencies to impound all documents related to a prior criminal arrest, charge, and/or conviction. While Expungement is preferable because it results in the destruction of criminal records, sealing your record is the next best thing. The benefit to sealing your record is that employers, colleges, universities, and the general public will no longer be able to see that old arrest, criminal charge, or conviction.
If you need legal advice and representation involving a divorce, family law dispute, criminal case, DUI or other traffic matter in Will County, contact our attorneys at J. Aldrich Law, P.C. for a free initial consultation. We are conveniently located at 1700 Park St., Suite 203 in Naperville, Illinois. Our divorce and criminal defense lawyers serve all of Will County, including: Aurora, Braidwood, Crest Hill, Joliet, Lockport, Naperville, Wilmington, Beecher, Bolingbrook, Channahon, Coal City, Crete, Diamond, Elwood, Frankfort, Godley, Homer Glen, Lemont, Manhattan, Minooka, Monee, New Lenox, Orland Park, Park Forest, Plainfield, Rockdale, Romeoville, Sauk Village, Shorewood, Steger, Symerton, Tinely Park, University Park, Woodridge, Crystal Lawns, Fairmont, Frankfort Square, Goodings Grove, Ingalls Park, Lakewood Shores, Preston Hills and Willowbrook. We offer free consultations, competitive rates and a compassionate ear.
The Illinois Secretary of State stopped sending renewal notices to Illinois drivers as a reminder to renew their vehicle registration. Because this decision came without warning, many Illinois drivers, who rely on the renewal notice as a reminder, have incurred substantial fees for their late renewal. For those of you who rely on the reminder, you can now sign up for an email notice by visiting the Secretary of State's website.
Many drivers are surprised to find out that, in general, it is not a violation of their Fourth Amendment right against unreasonable searches and seizures for officers to run license plates and conduct traffic stops for expired or suspended registration, even when no moving violation has occurred. These stops often lead to further inquiry by the police officer, additional tickets, and in some cases, a drug possession or DUI investigation. Don't give patrol officers a reason to pull you over! Check your license plate sticker and renew your vehicle registration before it expires to avoid late registration, additional fees, a traffic citation for Driving with an Expired Registration, and even a possible DUI or criminal investigation.
Driving Under the Influence (DUI) is one of the most serious traffic offenses you can face. In most circumstances, a first time offense is a class A misdemeanor, which carries with it possible penalties of up to 364 days in county jail and fines of up to $2,500. In addition, a conviction for DUI results in an automatic revocation of your driving privileges for one year. Although a revocation of your driving privileges would not take effect until the conclusion of your criminal case, and is sometimes carefully avoided if granted court supervision, many drivers arrested for DUI face Statutory Summary Suspensions. Statutory Summary Suspensions take effect on the 46th day after your arrest and are triggered by a failed breathalyzer test or a refusal to submit to a reasonable request for a breathalyzer test. To the surprise of many first time offenders, this particular suspension of your driving privileges will remain in effect and on your record even if you ultimately beat the DUI. For first time offenders, a statutory summary suspension ranges from 6 months for a failed breathalyzer test to 1 year for a refusal. For second time offenders, the suspension increases to 1 year for a failed breathalyzer test and 3 years for a refusal.
DUIs have long lasting effects. A DUI is no longer expungeable, even if you receive court supervision. This means it will remain on your record and driving history for the rest of your life. Once you receive court supervision for DUI, you can never receive court supervision for DUI again, which means a subsequent DUI will result in a criminal conviction (and revocation of your driving privileges), unless you beat it.
DUIs can also be charged as felonies if certain aggravating factors are involved, such as: a second or subsequent offense, driving under the influence without a license, or causing personal injury or death.
At J. Aldrich Law, P.C., our criminal attorneys are experienced in defending DUI arrests, including statutory summary suspension hearings, and are ready to fight for you! We represent clients arrested for DUI in DuPage County, Will County, Kendall County, Cook County and Kane County. We also offer free consultations, reasonable rates.
Exercising your rights to remain silent and to representation are key to defending criminal and traffic charges that you may face, such as DUI, domestic battery, drug charges and retail theft. Although law enforcement officers are required to read you Miranda warnings, the amount of stress you may be under can affect your ability to understand and process these important constitutional rights. Be cautious when encountering a friendly police officer who tries to convince you that you do not need a criminal defense attorney or that providing an explanation will lead to reduced charges or no charges at all. Your best interest is not a police officer’s priority. Instead, police officers are trained to collect evidence to secure a solid case against you. Remember, “anything you say can and will be used against you in a court of law.” You need an experienced criminal attorney to guide you through this difficult time, provide you with the best defense possible and minimize the negative consequences criminal and traffic charges can have on many aspects of your life.
630-953-3000
1700 Park St., Suite 203F, Naperville, IL 60563
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