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If you hold a commercial drivers license* and receive a traffic ticket, it is important that you fully understand the impact of pleading guilty to the traffic offense for which you were cited. Even though your ticket might advise you that "no court appearance is required," mailing the ticket in along with payment of the fine is a plea of guilty and may result in a conviction on your record. Even a disposition of court supervision for an ordinary moving violation can have a serious impact on your commercial drivers license, your insurance rates, and ultimately, your employment.
Violations of more serious offenses will lead to disqualification of your CDL (even if you weren't operating a commercial vehicle at the time of the offense), such as:
The major change to the Illinois Eavesdropping Law is that individuals can now record public conversations without obtaining consent from all parties involved. This includes allowing individuals to record police officers during traffic stops and arrests without fear of being charged with the separate offense of eavesdropping. However, it is still illegal to record conversations with individuals who have a "reasonable expectation of privacy" in that conversation. But what does that mean exactly and how do you know if the person you are communicating with expects the conversation to remain private?
As you can see, although the new law paves the way for police accountability, some of its language will likely be at the forefront of future litigation. (The meaning of the below bold terms will likely require court interpretation).
"(a) A person commits eavesdropping when he or she knowingly and intentionally:
- (1) Uses an eavesdropping device, in a surreptitious manner, for the purpose of overhearing, transmitting, or recording all or any part of any private conversation to which he or she is not a party unless he or she does so with the consent of all of the parties to the private conversation;
When you are charged with a criminal offense, whether it is a misdemeanor or a felony, you might feel like you have no choice but to plead guilty, especially if you are not represented by an attorney. Sometimes, pleading guilty is the best option for you given the strengths and/or weaknesses of your case and the offer extended by the prosecutor. Sometimes fighting the charges at trial or through pretrial motions is much more advantageous.
It is important to fully understand any offer extended to you and all of the consequences of pleading guilty to a particular offense before you plead guilty. For instance, pleading guilty to almost any offense will likely have some immigration consequences if you are not a citizen of the United States. For certain misdemeanor traffic offenses, such as DUI and Driving While License Suspended, a plea of guilty often leads to a suspension or revocation of your driving privileges.
Illinois Supreme Court rules require that all divorcing parents with minor children complete a parenting class before the Court will enter a final Judgment for Dissolution of Marriage. The class is intended to help parents understand the impact that their divorce will have on their minor children. In some counties, such as DuPage, the class can be completed on-line. In other counties, parents will have to attend the class in person. After completion, parents will receive a certificate, which will be placed in the Court's file. For more information regarding specific classes, you may visit the following websites by clicking on the county where your divorce is taking place: DuPage County, Will County, Kane County.
Another friendly reminder that the police will be out in full force this weekend due to the holiday. Although their focus will be on impaired drivers, they will not hesitate to pull over speeders and other traffic offenders. So...fasten your seat belts, put down your cellphones, stop at all stop signs, use your turn signals, and keep your speed to a minimum. Remember, speeding 26 miles per hour or more above the speed limit is now a misdemeanor. If all else fails and you end up with a ticket, give us a call for a free consultation, either in person or over the phone!
Make sure your child is restrained properly using the correct car seat or seat belt. Although requirements are in place to ensure your child's safety, failure to properly secure your child within your vehicle may also be a violation of the law. For more information on which car seat is right for your child, feel free to visit the below links for guidance:
Secretary of State
Parents Center
National Highway Traffic Safety Administration
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!
The fines imposed for violating speed restrictions within a construction zone are much higher than those imposed for a normal speeding ticket. Fines start at $250 for a first offense and jump to $750 for a second offense. An additional $125 (for a first offense) or $250 (for a second offense) will be added to your fine, which is deposited into the state or county Transportation Safety Highway Hire-back Fund. These minimum fines are statutory, which means that neither the prosecutor nor the judge can lower them. One more thing to note about speeding in a construction zone when workers are present is that a second offense within 2 years from the date of the first offense carries with it a mandatory suspension of your driving privileges for 90 days. So please drive carefully this summer, and anytime you enter a construction zone! Should you find yourself with a construction zone ticket, contact J. Aldrich Law, P.C. for a free consultation. We will fight to help you avoid the negative consequences that accompany this special violation, such as increased insurance rates and unfavorable treatment from prosecutors and judges when dealing with a future traffic ticket.
Believe it or not, it is not a violation of your 4th Amendment rights for an officer to pull you over based on a random license plate check even if you have not committed any moving violations. If the owner of the vehicle you are driving has a suspended or revoked drivers license or registration, you may be pulled over to allow the officer an opportunity to further investigate whether your license is valid. This was recently upheld again in the Second District case of People v. Black Chevrolet Corvette. The stop could lead to further searches of you or your car if the officer becomes "reasonably suspicious" that you've committed some other offense.
It is important to update your Last Will and Testament upon finalization of your divorce. The entry of your divorce decree (Judgment for Dissolution of Marriage) does not automatically remove your former spouse from your Will. If your former spouse remains listed as a beneficiary in your Will at the time of your death, he or she will be entitled to those assets awarded to him or her pursuant to your Will, despite the fact that you divorced, unless you amend or revoke your Will prior to your death. Additionally, if your Will is inconsistent with your beneficiary designations for your life insurance policy and/or retirement accounts, such discrepancies may cause your former spouse or other descendants to challenge your Will, which will delay the administration of your estate. To ensure that your final wishes are met, call us for a free consultation to discuss any changes you may need to make to your Will upon divorce or other life-changing events.
Your child's graduation from high school and turning 18 doesn't mean that support obligations are necessarily over. In Illinois, the Court can hear a petition regarding contribution towards a child's college expenses. A parent's college contribution will be based, in part, on his or her ability to pay. There are other multiple factors that the court may also consider and the child may also have to contribute towards his or her higher education. The issue of contribution towards college expenses can become very complicated, therefore, it is important to have legal representation when faced with this issue. To find out more about this, or any other child support and divorce related questions, call our office for a free consultation.
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