Wednesday, August 29, 2018

Aggravated Speeding in Illinois

Under Illinois law speeding 26 mph or more in excess of the posted speed limit is no longer a petty offense, it is a misdemeanor criminal offense. Aggravated Speeding 26-34 mph over the posted speed limit is charged as a Class B Misdemeanor, punishable by up to six (6) months in jail and a $1,500 fine plus mandatory court costs.
 Aggravated Speeding 35 mph or more over the posted speed limit is a Class A Misdemeanor, punishable by up to twelve (12) months in jail and a $2,500 fine plus court costs.
For either of these offenses, a defendant who pleads guilty or is found guilty by the court faces the possible entry of a misdemeanor conviction on their public record among other penalties imposed by the court.
Under the most recent changes in the law (effective January 1, 2016), a driver may be eligible for Court Supervision if the driver has never been convicted or been given Court Supervision for aggravated speeding in the past. Court Supervision is a sentence that prevents a conviction from appearing on the driver's public record so long as the period of supervision is completed successfully (i.e. without any further traffic violations or offenses). Conditions such as community service, traffic safety school and fines may also be ordered as part of any sentence.

The law prohibits court supervision for aggravated speeding in a highway-construction zone, school zone or in an urban district. As a result, if the defendant pleads guilty or is found guilty after trial, a conviction is the only available sentence. Therefore, an amendment to the charge or a verdict of not guilty after trial is necessary to keep a misdemeanor criminal offense from appearing on the defendant's public driving record.

Thursday, August 23, 2018

Parental Neglect Law

Parental Neglect Law In Illinois occurs when any minor under the age of 14 years whose parent or other person responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor. Example of a recent case of an 8 year old child walking her dog.

Friday, August 17, 2018

Cell Phone Violations

In Illinois cell phone ticket violations can lead to legal implications. It is unlawful to use an “electronic communication device” while driving. A first offense will cost the driver a $75 fine, and the fine escalates with each subsequent offense
Fines for driving and using a handheld cell phone in Chicago were increased by the City Council panel on Feb. 11, 2009. The fine for talking without a hands-free device is $100, from $75. Drivers involved in crashes while holding cell phones will pay a fine of $500, up from $200.A second or subsequent offense for texting while driving is treated as a moving violation by the Illinois Secretary of State. Drivers are also subject to higher minimum fines after a first offense.

Monday, August 13, 2018

New Alimony Law For 2019

Alimony, often called spousal support or maintenance, will have a significant change on New Years’ Day in 2019. Under current laws, this has been deductible by the paying spouse and taxable to the receiving spouse. This benefited the family unit as the recipient paid tax at a lower rate than the payor deducted it at resulting in less in taxes. The deduction can save up to almost 50% in taxes for top earners in high-tax states so for every $100,000 alimony paid it only costs $50,000 after-tax. The recipient on the other had may only have to pay $20,000 in taxes on that $100,000 received resulting in $80,000 of after-tax income. The net savings to the family is the $30,000 difference. 

Thursday, August 9, 2018

A Weapon Can Be Removed By A Judge

The Illinois governor signed a law that allows police officers, family members or others to petition a court to remove weapons from a person who is suffering from mental health or other problems and can be shown to pose a threat of violence. A judge could order removal of the weapons for as long as six months

Thursday, August 2, 2018

Medical Cannabis at School

that would allow children access to medical cannabis at school .
This law would allow parents to come into their child's school and administer a "cannabis-infused product"  on school property or a school bus if both parent and child have been cleared by the state's medical marijuana law and medical cannabis products have been prescribed to their child by a doctor.