Thursday, December 14, 2017

New Test For Drugged Drivers

     Police will use mouth swabs to detect drugs quickly in drivers bodies in roadside stops.  It will be used to detect for marijuana, cocaine amphetamines, methamphetamines and opiates like heroin.
     Since 2015, for the first time, the number of drivers involved in fatal crashes nationwide who tested positive for drugs surpassed the number of drivers who had alcohol in their systems.

Monday, December 11, 2017

Ignition Interlock-Baid Device

Like a breathalyzer, an ignition interlock measures the alcohol in a person’s system. If that amount exceeds a pre-programmed level, then the interlock temporarily locks the vehicle’s ignition.

INITIAL TEST

To take the test, the driver simply blows into the device. If the sample is good, then the vehicle will start as usual. If alcohol is detected, the driver must wait before testing again. The first time alcohol is detected, the wait time is a few minutes, but if subsequent tests are failed the driver is locked out for increasingly longer periods.

ROLLING RE-TEST

Most states require random re-testing while driving. At times on the road the device will beep, signaling the driver to deliver a breath sample. If alcohol is detected, the ignition interlock will not turn the engine off while the vehicle is in motion. Usually it will signal the driver to stop by blowing the horn and flashing the lights.
The rolling re-test ensures that a driver does not consume alcohol after performing the initial breath test.

LOGGING DATA

The data received from all breath samples are sent to the authority (court/DMV/probation, etc.) that ordered the device to be installed.

FREEDOM TO DRIVE

A majority of U.S. States and Canadian provinces now use ignition interlocks as an alternative to revoking driving privileges. Interlock devices prevent drunk driving while giving those with DUI convictions the opportunity to work, attend school, and perform other essential tasks. The devices are widely seen as beneficial both to the offender and the public.

Tuesday, December 5, 2017

Change Of Venue

A motion for change of venue ensures that a case is heard in the best location. There are two basic requirements that must be met before a court can hear a case. The first is jurisdiction, which means that the court has the authority to decide the legal issues which affect the rights of the parties in the case.
The second is venue, which decides whether the court is in the best location to hear the case. Although this may sound unimportant, there are actually very strict rules concerning where a case may be heard.

Friday, December 1, 2017

Adoption In Illinois

Adoption is when an adult becomes the legal parent of another person who is not his or her biological child.  There are 5 types of adoption in Illinois.  
  • Related Adoption occurs when at least one of the adopting parents is related to the person being adopted.  This is typically the easiest type of adoption to accomplish.  When a step-parent wants to adopt his or her spouse's biological child, this is considered "related adoption."  In this case, the biological parent would be listed on the adoption petition in addition to the step-parent. 
  • Agency Adoption occurs when a licensed agency is given the authority to place a child with adopting parents.  This occurs when the biological parents either voluntarily give the child to the agency or when a court terminates the biological parents' parental rights. 
  • Private Adoption occurs when the child is not placed with an agency and neither of the adopting parents are related to the child.  In a private adoption, the adopting parents will have 72 hours after the child is born to revoke the adoption. 
  • Adoption of an Adult occurs when a child aged 18 years or older is adopted.  
  • Standby Adoption occurs when a legal parent who is terminally ill agrees in advance to have the child adopted by a specific person either when the legal parent becomes to ill to care for the child or when the legal parent passes. 

Friday, November 17, 2017

Parenting Classes

According to Illinois law, parenting classes are required whenever parents of minor children are engaged in a court proceeding involving allocation of parenting time and responsibility, formerly referred to as custody and visitation.  This includes post-judgment cases involving modification of parenting time and responsibility or relocation of the child. 

Wednesday, November 8, 2017

Judge dozing during trial won't necessarily be cause for new one.

A new Illinois Appellant Court decision states if a judge falls asleep during a murder trial, it will not necessarily be cause for a new trial, as long as the judge was not dozing through crucial evidence or motions.  They ruled an inadvertent nap is harmless.

Monday, November 6, 2017

New aggravated battery law

A new law, effective January 1 2018, provides that a person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a Department of Children and Family Services employee.