CDL Disqualification

 While a sentence of court supervision may be a favorable sentence for an average driver in Illinois, it is not acceptable for a CDL holder. For most traffic violations, the Illinois Secretary of State will treat a sentence of court supervision as if it were a conviction. In other words, court supervision will not necessarily prevent the disqualification or suspension of your CDL. In fact, court supervision will not prevent the ticket from appearing on your public driving record even if you were in your personal vehicle at the time of the offense. Under Illinois law, a CDL driver is disqualified from operating a Commercial Motor Vehicle (CMV) if while driving a CMV they either commit two “serious traffic violations” within a three-year period or commit three such violations within a three-year period. #CDL, #CDLdisqualification,

Jury Nullification

 Jury nullification in the United States has its origins in colonial America under British law. In the United States, jury nullification occurs when a jury in a criminal case reaches a verdict contrary to the weight of evidence, sometimes because of a disagreement with the relevant law. The American jury draws its power of nullification from its right to render a general verdict in criminal trials, the inability of criminal courts to direct a verdict no matter how strong the evidence, the Fifth Amendment's Double Jeopardy Clause, which prohibits the appeal of an acquittal, and the fact that jurors cannot be punished for the verdict they return. #jurynullification,

Modification of Child Support

 An order for child support is eligible for a modification review every three years, or when there is a significant change in the needs of the child or the non-custodial parent's income. Before a case can be submitted for modification, a review is conducted to verify balances, non-custodial parent's employment status and other pertinent information.

Please keep in mind that the attorney presenting the case in court must be able to prove the non-custodial parent's ability to pay. If not, it is possible that the support payment may be lowered. #childsupport, #modificationofchildsupport,

Illinois Child Passenger Protection Act

 The Illinois Child Passenger Protection Act requires that all children under age 8 be properly secured in an appropriate child safety restraint system. This includes the use of booster seats, which must only be used with a lap/shoulder safety belt. If the back seat of the vehicle is not equipped with lap/shoulder type safety belts, a child weighing more than 40 pounds may be transported in the back seat without a booster seat, secured with a lap belt only.

As of January, 1, 2019 the Child Passenger Protection Act is amended to include the requirement for children under age 2 years to be properly secured in a rear-facing child restraint system unless the child weighs 40 or more pounds or are 40 or more inches tall. #childpassengerprotectionact, #childseatbelts, #boosterseats,

Child Support Suspension

 A circuit court may invoke a child support suspension law any time a judge rules that a parent is at least 90 days behind on child support payments. The court notifies the Secretary of State's office that the parent is in contempt of court for failure to pay child support. The Record of Non-Payment of Court Ordered Child Support Family Responsibility Law is completed, certified by the court and submitted to the Secretary of State's office which results in the pending suspension being loaded onto the driving record. The Secretary of State's office notifies the driver that a license suspension will become effective in 60 days. The suspension can be avoided if the Secretary of State's office is notified that the parent has met the court's requirements. #childsupportsuspension,  

Statutory Summary Suspension

 Illinois has an implied consent law, which means that if a person operates a motor vehicle on any public highway of this state, the driver is deemed to have consented to the testing of blood, breath, or urine for an alcohol concentration of 0.08 or more or the presence of intoxicating drugs. While the driver may not have agreed to this explicitly, consent is implied by driving in the state. Additionally, if the person failed the test or refused, he is subject to the civil penalty of suspension of driving privileges. #statutorysummary suspension,

Covid and Divorce

 Divorce rates have spiked in the U.S. during the coronavirus pandemic as couples have been stuck at home for months.

The number of people looking for divorces was 34 percent higher from March through June compared to 2019.

The combination of stress, unemployment, financial strain, death of loved ones, illness, homeschooling children, mental illnesses, and more has put a significant strain on relationships.

The data showed that 31 percent of the couples admitted lockdown has caused irreparable damage to their relationships.#covid, #divorce,