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School is back in session in some areas and will be here soon in others. 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.
When you are pulled over for a traffic violation, it is important to resist the urge to apologize to the officer. Many drivers in this situation are nervous and hopeful they may be able to avoid a ticket altogether. While courtesy towards the officer is more than ok and may help you avoid the ticket, apologizing for the alleged traffic violation will be detrimental in court and can lead to even worse consequences if an accident occurred. An apology is considered an admission of guilt which can and will be used against you in court should you decide to challenge the ticket. Similarly, and perhaps and most importantly, apologizing after a car accident can be used against you as an admission of liability, not only in traffic court, but also should a personal injury action follow.
In certain situations obtaining financial records from your spouse may be difficult. He or she may be hiding their true income or assets - that is especially true for people who are self-employed. In order to obtain financial documents from your spouse we first have to issue discovery - which is a request made to your spouse to provide us with his or her financial documents. If they do not comply with the request, or if you think there are additional documents that should have been produced, we can also issue subpoenas, file motions to compel discovery and schedule depositions. Although this process can be time-consuming, it's very important to complete it as it will have a tremendously important impact on the division of assets, setting of support or maintenance.
Many parents finalizing their divorce look forward to a fresh start. That fresh start often involves moving away from the former marital residence. Although the residential parent can move out of the residence (either after the divorce or during, if appropriate), such move can't be as to impede the other parent's visitation rights. Unless your Judgment for Dissolution of Marriage provides otherwise, you can't move out of state with your minor children without either 1) the other parent's agreement or 2) permission from the Court. If you want to move out of state with your children and the other parent does not want to agree, you may petition the court for removal. You will then have to show, among other things, that the move is in the best interest of the children and that you will still be able to facilitate a normal relationship and visitation between the children and the other parent. There are many different sub-factors that go into showing the Court that it's in your children's best interest to move and we can help you dissect those and present them to the court. The issue of removal can be very complicated and if you are in a situation where you need to move with your children, but the other parent doesn't want to allow for that, call our office for a free consultation.
You might be wondering what to do if a police officer asks to search your vehicle upon pulling you over for a traffic violation. Many people feel intimidated and nervous during a traffic stop and might not realize that they can and should refuse a vehicle search. If an officer is asking to search your car, chances are he or she is suspicious of something more going on than your minor traffic infraction. Usually officers ask to search a vehicle due to suspicions of DUI, open alcohol or drug possession.
The Fourth Amendment protects drivers from unreasonable searches and seizures. Generally, the 4th Amendment requires an officer to secure a warrant before performing a search of one's person, home, vehicle, or effects. There are certain exceptions to the warrant requirement, one of which is consent.
If your child has been removed from the United States and you are seeking his or her return, there are international legal instruments, recognized in the U.S. Courts, that you can resort to. If a child is from a country that has signed the Hague Convention and the country to which the child has been taken to is also a signatory, then we can resort to the Hague Convention for help. If the other country is not a signatory of the Hague, then we can rely on the UCCJEA (the Uniform Child Custody Jurisdiction and Enforcement Act). If you are faced with issues relating to international or inter-state custody cases, call us for a free consultation regarding your options and ways in which you could fight to get your children back to the U.S. or to the state of Illinois.
If you have minor children, you need a Last Will and Testament. One common misconception is that a Will is unnecessary if you don't have many assets. However, that is not the case. A Will serves many purposes other than setting forth your wishes for distributing your assets upon your death. When you are the parent of a minor child, a Will is your tool to designate a guardian for your minor child(ren) in the event of your untimely death. Your Will can further establish a Trust to ensure that your children are financially provided for and your assets are distributed to them periodically as needed for their medical needs, school needs and living expenses.
While no one wants to think about the unexpected, establishing your Last Will and Testament will ensure that your children are financially provided for and cared for by a family member or friend of your choosing. Contact J. Aldrich Law, P.C. today for a free consultation. We offer reasonable rates and can provide you with some much needed peace of mind.
Vehicular heatstroke causes far too many infant deaths, especially on hot summer days like today. This article contains one family's heartbreaking story, along with a few helpful tips to avoid unintentionally leaving your infant or toddler in your car on a busy day. Forgotten childcare drop-off is the number one known cause of vehicular heatstroke deaths in children.
Other helpful tips can be found at KidsAndCars.org.
Both parties have to fully and completely disclose all of their assets during a divorce proceeding. That includes, for example, disclosure of income (from all sources), bank accounts and retirement accounts. Unfortunately, sometimes one of the parties is less than forthcoming in making such disclosures. In order to force the other side to disclose his or her assets, we can file a Motion to Compel discovery responses and we can also issue subpoenas to your spouse's employer or banks and obtain his or her financial information directly from them. If your spouse is still not forthcoming in providing financial discovery, we can also file a Motion to Bar - which, if granted, would prevent your spouse from presenting any testimony. Our attorneys will assist you with the discovery process, which can be long and tiresome, but which is very important to any family law case.
Many people who are not fully financially independent and who are considering divorce, worry how they will survive the duration of the proceedings without the other spouse's financial help. The good news is that during the proceeding, the parties should maintain status quo with regards to their financial obligations. If a spouse stops paying for his or her share of the bills or tries to withdraw money from an account, a petition for temporary relief can be filed. The court can then order the other spouse to make payments during the divorce and to maintain said status quo.
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