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Speeding in a construction zone is an unsightly blemish on your driving record that you should try to avoid at all costs, whether by avoiding the ticket altogether or fighting it in court. Even though it is a petty offense that you may walk away from with only a high fine, it is taken very seriously by judges and prosecutors due to increased concerns for the safety of workers.
Be aware when entering a construction zone that the speed limit is almost always reduced. Signs must be posted warning drivers that they are about to enter a construction zone and advising them of the maximum speed allowed within that particular construction zone. Most people don't realize that the reduced speed limit applies whether workers are present or not. Avoid the common misconception that if you don't see any workers, you can avoid the special speed limit. That is not the case!
The fines imposed for violating speed restrictions within a construction zone are much higher than those imposed for a normal speeding ticket. Fines start at $250 for a first offense and jump to $750 for a second offense. An additional $125 (for a first offense) or $250 (for a second offense) will be added to your fine, which is deposited into the state or county Transportation Safety Highway Hire-back Fund. These minimum fines are statutory, which means that neither the prosecutor nor the judge can lower them. One more thing to note about speeding in a construction zone when workers are present is that a second offense within 2 years from the date of the first offense carries with it a mandatory suspension of your driving privileges for 90 days. So please drive carefully this summer, and anytime you enter a construction zone! Should you find yourself with a construction zone ticket, contact J. Aldrich Law, P.C. for a free consultation. We will fight to help you avoid the negative consequences that accompany this special violation, such as increased insurance rates and unfavorable treatment from prosecutors and judges when dealing with a future traffic ticket.
Believe it or not, it is not a violation of your 4th Amendment rights for an officer to pull you over based on a random license plate check even if you have not committed any moving violations. If the owner of the vehicle you are driving has a suspended or revoked drivers license or registration, you may be pulled over to allow the officer an opportunity to further investigate whether your license is valid. This was recently upheld again in the Second District case of People v. Black Chevrolet Corvette. The stop could lead to further searches of you or your car if the officer becomes "reasonably suspicious" that you've committed some other offense.
It is important to update your Last Will and Testament upon finalization of your divorce. The entry of your divorce decree (Judgment for Dissolution of Marriage) does not automatically remove your former spouse from your Will. If your former spouse remains listed as a beneficiary in your Will at the time of your death, he or she will be entitled to those assets awarded to him or her pursuant to your Will, despite the fact that you divorced, unless you amend or revoke your Will prior to your death. Additionally, if your Will is inconsistent with your beneficiary designations for your life insurance policy and/or retirement accounts, such discrepancies may cause your former spouse or other descendants to challenge your Will, which will delay the administration of your estate. To ensure that your final wishes are met, call us for a free consultation to discuss any changes you may need to make to your Will upon divorce or other life-changing events.
Your child's graduation from high school and turning 18 doesn't mean that support obligations are necessarily over. In Illinois, the Court can hear a petition regarding contribution towards a child's college expenses. A parent's college contribution will be based, in part, on his or her ability to pay. There are other multiple factors that the court may also consider and the child may also have to contribute towards his or her higher education. The issue of contribution towards college expenses can become very complicated, therefore, it is important to have legal representation when faced with this issue. To find out more about this, or any other child support and divorce related questions, call our office for a free consultation.
For those of you who pay child support or maintenance (alimony), make sure to take a look at your Judgment for Dissolution of Marriage or Custody Judgment now that tax time is here. In many instances, parties paying support are required to tender copies of their tax returns to their former spouse or significant other within so many days of filing them. Some people are required to pay additional support if their income exceeded the amount on which support was based. If you fail to comply with these terms, you may be subject to contempt proceedings, modification of your support payment retroactive to the date you were supposed to tender your returns, the accumulation of interest, and/or payment of your former spouse's or significant other's attorney's fees. If you are uncertain as to whether you are subject to these obligations or if your former spouse or significant other has failed to comply with these terms, call us for a free consultation.
So long as you have been properly notified by a sign or flashing signal, the speed limit in a school zone on school days is 20 miles per hour. Pay attention to the notification posted because the conditions under which the speed limit changes varies among cities, towns and villages. In some instances, the speed limit only drops to 20 mph if children are present during school hours. However, in some school zones, the speed limit is 20 mph on school days regardless of whether children are present, during the hours of 7:00 a.m. and 4:00 p.m. In some areas, the school zone speed limit only applies if a flashing light is activated. When in doubt, it is better to reduce your speed near a school to avoid being pulled over and ticketed. Police officers, prosecutors and judges take these tickets very seriously due to the risk of harm to young children. That is why you cannot receive court supervision even for a first time offense, which means unless you beat the ticket altogether, a conviction will go on your record.
Of course no one is thinking about a divorce when they get married. However, since unfortunately about half of all marriages end in divorce, considering a prenuptial agreement is a great idea. Prenuptial agreement is an agreement between two spouses-to-be that establishes each party's property and financial rights in case of a divorce. It is extremely important that a prenuptial agreement (also called a premarital agreement) be drafted very carefully so that if there is a divorce and one of the spouses wants to challenge the agreement, there will be no room for any challenge. If you would like to learn more about prenuptial agreements, please call our attorneys.
Having a Last Will and Testament is very important. It will ensure that your wishes as to how you would like to have your estate divided are fulfilled. In order for a Will to be valid, it must be written, signed by the person making the Will and signed by two (2) witnesses who were present at the execution of the document and who also witnessed each other sign the Will. Anyone who is at least eighteen (18) years old (or is an emancipated minor) and who is of sound mind may make a Will. The witnesses have to be persons who do not receive anything under a Will. Although the process may seem simple enough, it is important that it is done right so that there are no issues if the Will is contested in Court.
Defending against an Order of Protection is just as important as defending against a criminal charge. Unfortunately, Orders of Protection and criminal charges often go hand in hand. It is important to understand the difference between an order of protection and formal criminal charges. In many instances, the allegations contained in a Petition for Order of Protection constitute criminal conduct. Sometimes, criminal charges are filed prior to or contemporaneously with the Petition for Emergency Order of Protection. The most common example arises out of a domestic dispute between significant others. The police are called, someone is arrested, charged with domestic battery, and an order of protection follows. Sometimes, criminal charges are never filed. Other times, criminal charges are filed after order of protection proceedings in large part due to the evidence and testimony presented at the hearing.
If someone obtains an order of protection against you on an emergency basis without your participation at the initial hearing, you will have the right to defend yourself at the subsequent hearing to extend the emergency order of protection. However, order of protection hearings are civil, not criminal, proceedings. This means that the level of proof to obtain or extend the order of protection is much lower and the Respondent is not afforded the same protections he or she would be at a criminal trial, such as the right against self-incrimination. If you become party to an order of protection, you need to understand that your testimony at the order of protection hearing could be used against you at a criminal trial or could cause criminal charges to be filed when they were not filed in the first place. The consequences of your testimony at an order of protection hearing can be severe. That is why it is important to have an experienced attorney represent you to avoid any further damage to your reputation, since that order of protection will show up in LEADS (Law Enforcement Agencies Data System) and on your criminal history.
If you owe a support obligation, whether it is child support or maintenance (alimony), and you lose your job or experience a decrease in pay, your support obligation does not automatically stop. You must continue to pay the court-ordered support amount until a new court order is entered changing your support amount. If you stop paying, or fail to pay the full amount, without filing the appropriate petition, an arrearage will begin to accrue and your missed payments will even accumulate interest. It is your responsibility to file a petition to suspend, abate or modify your support obligation under these circumstances. We can help you file the appropriate petition and obtain relief as soon as possible. It is important to know that simply filing the petition does not trigger the modification or suspension. However, in many circumstances, we can request retroactive modification back to the date of filing your petition. That is why it is important to contact us the moment your employment situation changes. We offer free consultations to discuss your situation and to determine whether you are eligible for some form of relief.
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