Thursday, January 27, 2022

Implied Consent For Sobriety Testing

Illinois drivers are deemed to have agreed to DUI testing when they drive on Illinois roads and highways, including submitting to a chemical test or tests of blood, breath, or urine in order to determine the alcohol content, the content of other drugs, or intoxicating compounds. This is called implied consent to testing, and it is allowed under Illinois law. The police are allowed to choose which test will be administered in any given case.

Despite this law, the driver still does not have to take a sobriety test. However, there are consequences for refusal. If a police officer suspects a driver is driving drunk, the officer can ask the driver to take a field sobriety test. When the driver is unconscious or unable to refuse the test, they are deemed to have consented to any testing, and may be tested while unconscious. #impliedconsent, #impliedconsenttosobrietytesting,


Wednesday, January 26, 2022

Quitclaim Deeds

Quitclaim Deeds are used when the transfer of ownership in the property does not occur as the result of a traditional sale. For instance, Quitclaim Deeds are common when real estate is conveyed through a Will or as a gift, when property is placed in a trust, or to distribute property as part of a divorce settlement. They're also common when someone wants to sell property but they're not entirely certain what the property boundaries are or whether any other claims can be made on the property. Quitclaim Deeds contain no guarantees of any kind, which means that you could buy a property, receive a Quitclaim Deed, and later find out that the person you bought it from wasn't legally able to sell you the property at all.#quitclaimdeeds, 


Tuesday, January 25, 2022

Punitive Damages

Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful. #punitivedamages, #exemplarydamages,


Monday, January 24, 2022

Filing For Divorce

In Illinois, there is no mandatory waiting period for an uncontested divorce as long as you meet the residency requirements. A contested divorce usually has a waiting period of six months. Overall, finalizing a divorce in Illinois can take anywhere between 2 months and a year. #waitingperiodtofiledivorce,


Child Abuse

Child abuse is the mistreatment of a child under the age of 18 by: A parent or their romantic partner;An immediate relative or someone living in their home;A caretaker such as a babysitter or daycare worker; or any person responsible for the child's welfare, such as a health care provider, educator, coach or youth program volunteer.The mistreatment can either result in injury or put the child at serious risk of injury. Child abuse can be physical (i.e. bruises or broken bones), sexual (i.e. fondling or incest), or mental (emotional injury or psychological illness).Neglect is the failure of a parent or caretaker to meet "minimal parenting" standards for providing adequate supervision, food, clothing, medical care, shelter or other basic needs. #childabuse,


Thursday, January 20, 2022

Concealed Carry Permits

Under the new concealed carry law, it is strictly prohibited for citizens to carry loaded, concealed handguns in Illinois’ communities unless they obtain a license from the Illinois State Police (ISP) in the manner outlined under the new law.

In order to be approved for a concealed carry license, individuals must address certain minimal requirements, including that he or she:

  • Is 21 years old,
  • Has a currently valid Firearm Owner’s Identification (FOID) Card, or be an eligible out-of-state resident,
    • Have not been convicted or found guilty (in any state) of a misdemeanor involving the use or threat of physical force or violence to any person or driving while intoxicated within last 5 years,
    • Is not subject of arrest warrant or prosecution for an offense that would lead to a firearm prohibition,
    • Has not been in any residential or court-ordered alcohol or drug- treatment program within five years.
    • Has successfully completed firearms training.#concealedcarrylicense, #foid,

Tuesday, January 18, 2022

Relocation Of a Child Pending Divorce

There are a few modifications to the IDMA in store for 2022.  PA 102-0145 now permits a court to order the relocation (formerly “removal”) of a child on a temporary basis before a final allocation judgment is entered.  The court will also use the best interests of the child standard to determine if relocating the child on a temporary basis is beneficial to the child.  #relocationofachildpendingdivorce.


Friday, January 14, 2022

Health Insurance For Children

A new Illinois law, effective January 1, 2022, ensures that children whose parents are divorced or never married have public or private health insurance when child support is determined by requiring the parents to obtain health insurance or maintain existing health insurance coverage for the child. #healthinsuranceforchildren,


Thursday, January 13, 2022

Divorce Retainer Fee

The Illinois Marriage and Dissolution Act or "IDMA" anticipates that in 2022,  it will allows for a party to seek from the other party the retainer fee for an attorney to assist in the litigation process under the interim attorney fees provision.  Now a party that needs financial assistance from the other party to effectuate the litigation process can seek out a retainer fee under the interim attorney fees portion of the IDMA.  The award of the retainer fee is to be paid to the opposing party’s attorney directly.  #divorceretainerfee, 


Friday, January 7, 2022

Hate Crime

Effective January 1, 2022 the state's definition of a hate crime is being expanded to include acts of violence, theft or a host of other offenses against another person because of their immigration or citizenship status.  Separately, a person who calls the police on someone because of their race, ethnicity, sexual orientation or other protected characteristic when there in so emergency will now face potential civil liability in addition to possible criminal charges under the state's hate crime law. #hatecrime,


Wednesday, January 5, 2022

Birth Control From Pharmacists

Effective January 1, 2022, pharmacists will be able to dispense hormonal birth control, including pills, patches and vaginal rings for up to 12 months without a doctor's prescription.  Customers will be required  to fill out health screening forms, and pharmacists will have to undergo training and provide customers with counseling and education about contraception.  #birthcontrolfrompharmacists,


Kid's Drinks

A new Illinois law, effective January 1, 2021 mandates restaurants offering kids meals will be required to serve low-fat or nonfat milk or other unsweetened beverages, such as water or 100% juice, as the default option.  Customers still will be able to request pop or other beverages. #kidsdrinks,


Monday, January 3, 2022

College Admissions

A new law, effective January 1, 2022 mandates that public universities throughout Illinois must adopt a policy to make consideration of standardized test scores for undergraduate admissions optional instead of mandatory.  Under this policy, public schools like the University of Illinois at Urbana-Champaign, Southern Illinois University, Carbondale and others do not have to  require applicants who live in the state to submit ACT or SAT scores.  The policy would also allow applicants to decide whether they want to submit them as part of the admissions process. 

#collegeadmissions,

Saturday, January 1, 2022

Rules of the Road

As part of the basic training for new drivers in Illinois, state law will now codify a requirement for driver's education courses to cover how motorist should interact with police officers who pull them over.  The Illinois secretary of state's office has already incorporated that topic in its Rules of the Road driver's instruction manual. #


rulesoftheroad,