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.