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A conviction for driving under the influence (DUI) can lead to significant administrative and criminal penalties. These penalties are especially harsh if you are convicted of aggravated DUI or you have been convicted of drunk driving one or more times in the past. DUI can lead to the loss of your driver’s license, heavy fines, and even jail time. However, being charged with DUI is not the same thing as being convicted of DUI. If you or a loved one were recently arrested for allegedly drunk driving, it is important to understand the potential defenses to this serious charge.
In 49 out of 50 U.S. states, the blood alcohol limit is 0.08 percent. This means that a person is automatically considered to be intoxicated if his or her BAC is above this limit. Usually, BAC is determined by a breath test such as a breathalyzer. These tests can be inaccurate for several reasons, including:
Parents who get divorced have a much greater number of issues to contend with than non-parents. In addition to dividing marital property, figuring out who will keep the marital home, addressing spousal maintenance, and other divorce concerns, parents must also address child custody issues.
If you are getting a divorce in Illinois and you share children with your soon-to-be-ex-spouse, it is important to understand exactly what is expected of you. Parents are asked to create a parenting plan that divides parenting time and parental responsibilities. The plan also addresses important parental rights and obligations. Read on to learn about parenting plans in Illinois and what you should do if you need help with your Illinois parenting plan.
Illinois law requires parents to specifically address over a dozen concerns in the parenting plan. The two main issues parents will need to determine include parenting time and parental responsibilities.
According to Illinois law, there are many traffic violations that are not considered criminal offenses, and as such, it is easy to view a traffic ticket as more of a nusance than a serious concern. However, there are circumstances in which the penalties for a traffic violation can be quite a bit more serious than a fine. If you have been charged with multiple traffic violations in a short time, it is a good idea to consult with an attorney to determine whether your driver’s license may be at risk, and to develop a defense strategy that may help you avoid conviction.
Illinois has a system that allows for the suspension of a driver’s license when the driver has a certain number of traffic offense convictions within a specified time period. For drivers over the age of 21, a license suspension is possible when the driver has three or more convictions within a period of 12 months. Drivers under the age of 21 are subject to more strict conditions, as they can have their license suspended if they are convicted of two or more offenses within 24 months.
In many Illinois divorce cases, especially those in which the couple has a high net worth, business assets are divided along with the rest of the spouses’ marital property. However, there are often complications when it comes to business property division, starting with the determination of whether a business is, in fact, a marital asset. If you are a business owner, it is important to understand the difference between non-marital and marital business assets as you prepare for your divorce.
In a divorce case, non-marital assets are those that are owned by each spouse individually. These assets do not have to be divided; rather, they will remain with the spouse who owns them. A business will likely qualify as a non-marital asset if one of the following is true:
While most people recognize that shoplifting is wrong, there is a common perception that it is a fairly minor criminal offense with few serious consequences. However, according to Illinois law, shoplifting or retail theft can sometimes be charged as a felony, with penalties that can be quite serious. If you are facing theft charges, it is important to understand how severe they may be and to work with an experienced attorney who can help you build a strong defense.
The Illinois Criminal Code defines the severity of theft offenses in large part based on the value of the property stolen. Most shoplifting or retail theft offenses involve property worth less than $300, and as such, they are charged as Class A misdemeanors. Even this is a serious offense that could result in a sentence of imprisonment for less than one year.
If you or a loved one has been threatened, stalked, or abused, you may be curious about orders of protection. Called restraining orders or protective orders in other states, an order of protection is a legal court order that prohibits the subject of the order from further abusing or harassing the victim.
Many domestic violence sufferers are aware of protection orders, but they do not understand how a protective order can actually benefit them. They may assume that the abuser will ignore the order and continue his or her harmful behavior. They may also worry that getting a protection order will only anger the abuser and worsen their situation. Read on to learn about how orders of protection work in Illinois and how seeking an order of protection can help you and your children escape an abusive situation.
Being accused of a criminal offense can be a shocking experience. For many criminal defendants, the moments during and after an arrest are a blur. Unfortunately, many criminal defendants hurt their cases by making statements to police officers that are later used against them. Most people know that they have a “right to remain silent” during a police interaction but few realize just how profound this right actually is.
Whether you have been arrested before or you simply enjoy police procedural television shows, you have probably heard the statement, “You have the right to remain silent. Anything you say or do may be used against you in court.” The Fifth Amendment to the U.S. Constitution is the foundation of our right to remain silent. The Fifth Amendment states that criminal defendants cannot be compelled, or forced, to testify against themselves. In other words, they have a right against self-incrimination.
One of the most challenging aspects of ending a marriage in Illinois is interpreting all of the legal jargon and terminology associated with divorce. When Illinois residents begin exploring their options for ending their marriage, one such term they may come across is “legal separation.” You may have questions like, “What does legal separation entail?” or “What is the difference between being separated and legally separated?” You may also be curious as to the potential benefits of seeking legal separation instead of divorce. Whatever your situation, an experienced family law attorney can help you explore your legal options and pursue the option that makes the most sense for you.
When a couple’s marriage breaks down, often, one of the spouses will move out of the marital home. The spouse may live with a friend or relative while the couple decides whether or not to formalize the split through a divorce. Living separately is not the same thing as being legally separated. When a couple pursues a legal separation in Illinois, they make important decisions about the allocation of parental responsibilities, formally called child custody, spousal support, child support, and the division of assets and debts. These decisions become legally binding court orders – just as they would during a divorce. However, the couple is still married.
Raising a child with a disability can be an extremely meaningful and rewarding experience. However, it can also bring on significant personal and financial challenges. When a parent has a child with a disability, the child may need extra assistance with daily living tasks like dressing and eating. The child may also require extensive medical care, special education, or tutoring. For parents of disabled children, these challenges do not disappear when the child reaches age 18. Consequently, some divorced and unmarried parents are entitled to financial assistance from the other parent even after their child has reached adulthood.
In Illinois, both parents are expected to financially contribute to their child’s needs even if they are unmarried or divorced. Child support obligations typically cease when the child turns 18 or completes high school. However, If your child has an intellectual disability, developmental disability, physical impairment, or medical condition that limits his or her independence, you may be responsible for his or her care for many more years. You can better ensure that you have the financial resources to provide for this care by petitioning for non-minor child support payments that continue beyond your child’s eighteenth birthday.
Driving under the influence may result in significant penalties in Illinois, including driver’s license suspension, mandatory alcohol education classes, and in some cases, even jail time. DUI penalties are especially severe if there are certain aggravating circumstances present or it is not the defendant’s first DUI. If you or a loved one was arrested and charged with drunk driving based on the results of a chemical blood alcohol content (BAC) test, you may wonder if these test results may be disputed.
In Illinois, a driver is intoxicated “per se,” or automatically considered to be intoxicated, if his or her blood alcohol content is 0.08 percent or greater. Most police officers carry a portable breath test often referred to as a breathalyzer. These preliminary tests are typically used to establish probable cause for the DUI arrest. However, the results of a preliminary roadside BAC test alone are not enough to secure a conviction. Usually, after someone is arrested for DUI, they are issued a secondary test at the police station. These evidentiary tests are considered to be more reliable than the roadside test. However, several issues can cause a BAC test to be inaccurate, including:
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