MARIJUANA POSSESSION SHOULD BE LEGAL IN ILLINOIS AND IN THE UNITED STATES: An Brief Article in Support of the De-Criminalization and Taxation of Cannabis

By Jeffrey R. Hall of Hall, Rustom & Fritz, LLC

In honor of the symbolism of April 20th, I have to publicly state that marijuana possession should be legal in small, personal amounts for recreational and medical uses. The nationwide trend is leaning towards gradual de-criminalization and Illinois really needs to speed up their repeal of legislation. I applaud the Illinois House passing medical marijuana legislation but it is too restrictive, only covering serious diseases such as AIDS and Cancer. Moreover, I find President Obama incredibly hypocritical to smoke as much weed as he did in high school and college and then keep Federal authorities prosecuting marijuana users. Had he been prosecuted for his marijuana usage, he would've never been President (and I'm sure that would make a lot of you happy out there...) Positions need to be reconsidered.

Here is a list of reasons in support of my position:

1. Marijuana is less harmful to the body than alcohol, nicotine/cigarettes, and other similar controlled substances, yet the federal government classifies it with heroin, cocaine, and crystal meth.

2. Prescriptive pharmaceuticals are far more damaging to body systems than marijuana. Any pill swallowed is hard on your liver let alone all the other side effects you hear from TV ads for medications...I mean, what the hell is "anal leakage" as a side effect for a medication!?

3. There is substantial evidence to support its treatment (easing of symptoms) of AIDS, alcoholism, Alzheimer's, Anorexia, Arthritis, Autism, Brain Tumors, Cachexia, Cancer, Chronic Pain, Chrohn's Disease, Depression, Diabetes, Fibromyalgia, Glaucoma, High Blood Pressure, Insomnia (helping you fall asleep and STAY asleep), Liver Fibrosis, Migraines, Multiple Sclerosis, Nausea, PTSD, Seizures, and Tourette's Syndrome, among many others.

4. It will not lead to an increase in DUI offenses any more than Budweiser releasing a new brand of beer will lead to more DUIs.

5. It will not lead to more crimes being committed as the critics scared us about. Crime in California, Washington and Colorado has not raised from its legalization. Go figure.

6. Scientific studies show that your psychomotor functions are not as affected by marijuana as they are by alcohol, especially in the regular amounts consumed by most users when compared to the regular amounts of alcohol consumed.

7. Further, more crimes are committed as a result of alcohol intoxication than marijuana intoxication by leaps and bounds. I do quite well as an attorney and 90% of my cases relate to actions after alcohol has been consumed. Thanks Budweiser!

8. Presently in Illinois, you could go to prison for a mandatory minimum 3 years if you are found to have THC metabolites in your system, regardless of impairment or affect on the body, and you are involved in an accident where someone dies (even if you are not at fault). That means you could ingest THC via second hand smoke, not be impaired, and then the next day, you are involved in a car accident where someone dies. The inactive THC metabolites will show in your urine and you are looking at the next 3 years in the Illinois Department of Corrections.

9. Moreover, Illinois law does not require evidence of impairment to be found guilty of DUI. So long as any controlled substance is in your system, whether active or inactive, you could face criminal charges. What crime are we trying to prevent here? I thought we wanted to prevent and/or punish impaired driving?

10. Finally, and most importantly, as a former prosecutor, it bothered me to request jail time for people arrested for possession of Cannabis but I had to at times. It was hard to justify them going to jail, being paid for by tax payers, when they weren't bothering anyone but simply had a small, personal amount on them. As a defense attorney, I fight hard to keep clients out of jail for these types of offenses. What is the public interest we are protecting? When people go to jail for small amounts of marijuana, they can lose their job, custody of their children, and we the taxpayer, fund their 3 square meals a day as well as housing, when they are locked up in our overcrowded jail cells - not to mention, after they lose their job, they are placed on public aid. Sure you can say, "If you don't want to lose your job, don't smoke." Well, the fact remains, people will want to get high and self-medicate with marijuana, regardless of what laws you have in place.

11. Thus, why don't we de-criminalize and tax it? Isn't our State pretty broke? My Illinois State income taxes nearly doubled last year. Couldn't we subsidize those tax increases with de-criminalization and taxation of its sale and regulation? I truly believe the benefits outweigh these "harms" that the reefer madness movement in the 80s misinformed us about. What are we afraid of?

Come on Illinois legislators, follow Colorado and Washington's lead on this.

If you have further questions, please visit our website at www.centralillinoislawyers.com and complete our online submission form. Or, you can call our office at 309-699-4691 or email us at how@howlawfirm.com.

LEGAL DISCLAIMER: 

The use of the Internet or this form for communication with the firm or individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form nor should the reader rely on the information listed above as true in all circumstances. This information is provided generally and any similarity between the information listed above and an individual reader's case is purely coincidental.

The attorneys at Hall, Rustom & Fritz LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.

Article Author: Jeffrey R. Hall

Jeff Hall is managing partner at Hall, Rustom & Fritz LLC and concentrates his law practice in Criminal Law, DUI & Traffic law, driver's license reinstatement hearings and criminal record expungements.

If you have a legal question, email Jeff Hall.

Jeffrey R. Hall

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DIVORCE: Does it have to be a fight to the end?

By Attorney Michael S. Fritz, Partner at Hall & Rustom, LLC

Unfortunately for some, their marriages have deteriorated to such an extent that neither person can seemingly decide on a single issue – except for the fact that they each WANT A DIVORCE.  But not every divorce needs to be the knock- down, drag- out fight they hear about from their friends.  In fact, the most time efficient, cost effective method of divorce is the “Uncontested” or agreed divorce.  In an uncontested divorce, couples are able to combine their financial resources, as opposed to against each other, in an effort to pay for legal costs and attorney fees associated with the dissolution of marriage process.

Due to conflict of interests, a single attorney should not represent both parties in the divorce but will represent and advise either the husband or wife through the entire process.  The parties will negotiate and agree on the terms of the divorce outside the presence of that attorney and the attorney will then draft the corresponding documentation pursuant to the directions given to him by his client (of which both parties negotiated).  After the documents are drafted, the unrepresented party has the option to hire his/her own attorney to review and explain the documentation to ensure that the terms and meanings were drafted pursuant to the understanding of the parties.

The uncontested divorce process is essentially comprised of 3 to 4 stages/documents which are as follows: 

1) The Petition for Dissolution and Answer /or Entry of Appearance

2) The Marital Settlement Agreement

3) The Parenting Agreement (if child custody is applicable)

4) The Judgment for Dissolution  

The Petition for Dissolution – is the legal complaint that is filed with the court that initiates the legal proceeding.   It contains factual allegations setting forth the names of the husband and wife, the names of the children (if any), the date and county the parties reside and were married and the legal reason as to why the parties are seeking a dissolution of marriage.  The responding party files what is called an “Entry of Appearance” or “Answer to the Petition”.  In an uncontested divorce, this document is signed and entered by the other party and acts as his/her consent to the jurisdiction of the court.  Once these documents are filed, the responding husband/wife may never attend a court proceeding if he/she so wish not to attend.

Once the Petition for Dissolution and Entry of Appearance (otherwise called the pleadings) are filed with the court, the parties then create a contract called the Marital Settlement Agreement.  This contract will govern the distribution of marital assets and debts such as: the house, the cars, checkings/savings accounts, credit card debts, mortgage, etc.  In some cases this document will also include a provision for maintenance (aka alimony), if the parties agree and the facts merit such allowance.

The next document is called the Parenting Agreement (if applicable).  This document governs the terms of the child custody arrangement between the parties.  This document sets forth such things as parenting times each parent has with the children, who makes the medical decisions, educational decisions with the children, and child support and insurance coverage.  If the parties are unable to determine the custody issue on their own then Illinois mandates that the parties go to mediation with a neutral third party (usually an attorney or retired judge) to hash out the terms of their agreement.

The Judgment for Dissolution is the final order that dissolves the bonds of marriage between the parties.  The Judgment for Dissolution also incorporates the terms of both the Marital Settlement Agreement and Parenting Agreement making the terms of each court enforceable contracts.  It may also include a provision that gives the wife her maiden name. 

Whereas contested divorces can take many months or even years to complete, uncontested divorces may only take weeks, even days to complete from start to finish.  In most cases, only one court appearance is needed after these documents are executed.    The length of the time of the process usually depends on the cooperation between the parties and the availability of court time

It commonly is assumed to simply "go it alone" on, what appears to be, simple family matters.  You should always consult an attorney to determine what appropriate measures can be taken to protect your best interests.  At Hall & Rustom, LLC, we strive to think five moves ahead to protect not only your present interests, but your future interests.  To schedule a free consultation, email attorney Michael Fritz or call (309) 699-4691 to set an appointment. 

 
If you have further questions, please visit our website at www.centralillinoislawyers.com and complete our online submission form. Or, you can call our office at 309-699-4691 or email us at how@howlawfirm.com.

Article Author: Michael Fritz 

Michael Fritz is a partner at Hall & Rustom, LLC and concentrates his law practice in Family law with great emphasis on Divorce, Child Custody, Child Support, and College Expenses.  He also concentrates in Estate Planning & Administration, and School Law.

If you have a legal question, email Michael Fritz.



  


LEGAL DISCLAIMER

The use of the Internet or this form for communication with the firm or individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form nor should the reader rely on the information listed above as true in all circumstances. This information is provided generally and any similarity between the information listed above and an individual reader's case is purely coincidental.

The attorneys at Hall & Rustom LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.

In Illinois, can I be held responsible for an accident causing death or great bodily harm that occurs from my child having access to my firearm?

By Attorney Jeffrey R. Hall, for Hall & Rustom, LLC

Yes. You can.  If you know or have reason to believe that your child (under the age of 14) who does not possess a valid FOID card is likely to gain access to the firearm without lawful permission, and that child causes death or great bodily harm with the firearm, you will likely be held liable.  There are exceptions in the law.  Below is the statute:

Illinois law (720 ILCS 5/24-9) states "(a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 14 years who does not have a Firearm Owners Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is:

1. Secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable; or
2. Placed in a securely locked box or container; or
3. Placed in some other location that a reasonable person would believe to be secure from a minor under the age of 14 years. 

A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. 

A second or subsequent violation of this Section is a Class A misdemeanor.

There is an additional exception to this law.  If the minor under 14 years of age gains access to a firearm and uses it in a lawful act of self-defense or defense of another; or

To any firearm obtained by a minor under the age of 14 because of an unlawful entry of the premises by the minor or another person, then the law does not apply. 

Owners of firearms should take extra precautions when storing their weapon when children are in the home or the owner has reason to believe a child could access the area where the firearm is stored.

If you have further questions, please visit our website at www.centralillinoislawyers.com and complete our online submission form. Or, you can call our office at 309-699-4691 or email us at how@howlawfirm.com.

LEGAL DISCLAIMER

The use of the Internet or this form for communication with the firm or individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form nor should the reader rely on the information listed above as true in all circumstances. This information is provided generally and any similarity between the information listed above and an individual reader's case is purely coincidental.

The attorneys at Hall & Rustom LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.

Article Author: Jeffrey R. Hall

Jeff Hall is managing partner at Hall & Rustom, LLC and concentrates his law practice in Criminal Law, DUI & Traffic law, driver's license reinstatement hearings and criminal record expungements.

If you have a legal question, email Jeff Hall.

The Uncontested Divorce: Do I still need a lawyer?

By Attorney Michael S. Fritz, Partner at Hall & Rustom, LLC

Believe it or not, not every couple seeking to sever the bonds of their marriage also seek to sever the head from their spouse’s neck.  Often times divorcing parties participate in what is called an “uncontested divorce” or agreed divorce.  These types of proceedings are the most cost effective and efficient ways for couples to obtain a divorce. 

An uncontested (or “agreed”) divorce is when parties amicably agree to the terms of their divorce but simply need the expertise of an attorney to navigate through the legal system and to file the proper documentation to ensure that the terms of their agreement(s) are be legally binding. 

A case involving child custody requires a document called a “Parenting Agreement”.  This document  governs the terms and conditions of subjects such as parenting time, holiday visitation schedule, child support, health care, schooling, religious up-bringing and other issues related to the children.  The document that governs the division of marital property is called a “Marital Settlement Agreement”.  The Marital Settlement Agreement divides the parties’ marital assets and debts and further addresses such issues as maintenance (alimony) and retirement accounts.  Finally, the Judgment for Dissolution, is the court order executed by the judge, which finalizes the divorce and incorporates the terms of the agreements between the parties and makes them legally enforceable court documents. 

The attorneys at Hall & Rustom, LLC can ensure that all of the above documents include the proper terms to completely memorialize the terms of the parties’ agreement and finalize the divorce.  To send a message to our attorney concentrating in divorce, please visit www.centralillinoislawyers.com or contact Michael Fritz via email with your question.

Despite the seemingly simplistic nature of an uncontested divorce, complications can arise if done incorrectly.  Below are just some of the issues that our firm has faced concerning uncontested divorces with clients who did not have an attorney to assist in the proceedings:
 
a) He/she told me I could have the “car/savings/tv/etc.,” but it’s not in the court agreement.  Can I make them give me what they promised?

I am often surprised by the number of people who come to me after the divorce papers have been executed in an attempt to enforce a promise or agreement they had with their former spouse which was not memorialized in the written Marital Settlement Agreement.  Property may be left out of the documents if the parties feel as though the property, whether it be antique furniture or television set, is miniscule to include in the written divorce paperwork.  In other instances an issue may arise between the parties during the physical division of the marital property but after the judge has signed off on the court order.  In most cases, if the stipulation is not included in the written divorce documentation then “it didn’t happen.”  The reason the attorneys and the courts spend time drafting these agreements and fighting over the language included in them is because of the lasting and binding effect they have on the parties.  Courts are often unwilling to determine the understanding of an oral (or parole) agreement beyond the scope of the written documentation.  Although the attorneys at Hall and Rustom have facilitated many uncontested divorces at the requests of our clients, we ensure that the opposing party (spouse) is fully aware that our firm does not represent his/her legal interests in the matter.  

b) We both hired the same attorney to represent us.  Should I just share the same attorney with him/her?

It is a violation of ethical rules for an attorney in Illinois to represent two parties who have direct, competing legal interests - also known as a conflict of interest.  Many clients mistakenly believe that the attorney hired by their soon-to-be ex-spouse to draft the marital dissolution documents is also “their attorney”.  Although this attorney may have been retained by your spouse to draft documents that you and your spouse have purportedly come up with together, this attorney is still obligated to look after his/her client’s best interest; therefore, the attorney is obligated to make sure that the client who hired him/her (your soon to be ex-spouse) is the party who is fully informed and protected.  They are also legally obligated NOT to give the opposing party (the other spouse) legal advice regarding the divorce.  This is why it is highly advisable to hire your own attorney to protect your interests in even an uncontested divorce.  At the very least, the attorney can review and advise you of the legal documentation already drafted in your divorce.  The cost effectiveness and efficiency of the uncontested divorce are still maintained, but you walk away with the assurance that your legal interests are protected. 

c) We just agreed that he/she won’t have to pay child support.  If I want child support later, I can always get them to pay later, right?

Illinois law provides that child support is a vested right of your children, not the parents.  Therefore, despite what the parents may believe, they cannot use child support as a bargaining chip to negotiate the terms of their divorce.  Illinois mandates certain amounts of child support percentages depending upon how many children are born to the marriage.  This amount may be altered if the JUDGE, not the parents, find a justifiable reason to DEVIATE from the standard guidelines.  If the parties choose to ignore this fact, and further choose to unjustifiably lessen a child support obligation of a given parent, the court may void the enforceability of the divorce documentation.  Further, there are time restraints as to how long a party to a child support battle will have to wait to modify a final judgment/agreement by the court.  In most jurisdictions, if you want to change a final order by a judge in Illinois, the parties must wait two (2) years before filing the petition to modify support/custody/etc. unless compelling evidence is present to convince a judge. The attorneys at Hall & Rustom work with our clients to ensure that any deviation decided upon by the parties will likely meet the scrutiny of the court prior to the execution of the divorce papers.

It commonly is assumed to simply "go it alone" on, what appears to be, simple family matters.  You should always consult an attorney to determine what appropriate measures can be taken to protect your best interests.  At Hall & Rustom, LLC, we strive to think five moves ahead to protect not only your present interests, but your future interests.  To schedule a free consultation, email attorney Michael Fritz or call (309) 699-4691 to set an appointment. 
 
If you have further questions, please visit our website at www.centralillinoislawyers.com and complete our online submission form. Or, you can call our office at 309-699-4691 or email us at how@howlawfirm.com.

Article Author: Michael Fritz 

Michael Fritz is a partner at Hall & Rustom, LLC and concentrates his law practice in Family law with great emphasis on Divorce, Child Custody, Child Support, and College Expenses.  He also concentrates in Estate Planning & Administration, and School Law.

If you have a legal question, email Michael Fritz.



  


LEGAL DISCLAIMER

The use of the Internet or this form for communication with the firm or individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form nor should the reader rely on the information listed above as true in all circumstances. This information is provided generally and any similarity between the information listed above and an individual reader's case is purely coincidental.

The attorneys at Hall & Rustom LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.

DUI, Field Sobriety Tests, and Breath Alcohol Testing: What are my choices if I am pulled over in Illinois by a police officer and he/she suspects I'm under the influence of alcohol and/or drugs and he/she states I have to submit to blood alcohol testing?

By Attorney Jeffrey R. Hall, managing partner at Hall & Rustom, LLC

Everyday we see in the media or hear stories from friends regarding Driving Under the Influence (DUI) arrests where a person is pulled over by a police officer and the officer suspects the person has been drinking. These stories of arrests spark people's interests and raises questions as to what you can and cannot do if you are pulled over by a police officer and he/she asks if you've been drinking.  This article is not going to tell you what you should do in that situation.  Its purpose is to describe the consequences of refusing or testing over 0.08 Blood Alcohol Content (BAC).  The decision to submit or refuse is up to each individual driver based on their own perceptions and factual scenario at the time they are requested to submit to testing.

In Illinois, police officers, based on reasonable, articulable suspicion that the driver is operating a motor vehicle on a public highway in Illinois while under the influence of alcohol, may question a driver and ask them to complete some form of blood alcohol testing.   Every person impliedly agrees to blood alcohol testing if the person possesses an Illinois driver’s license and is driving on a public highway in Illinois.  If you have an out of state driver’s license, you impliedly agree to submit to Illinois’ blood alcohol laws when you drive into Illinois and utilize Illinois public highways.  Due to this implied consent, if you refuse chemical and/or blood testing when it is lawful for the officer to request it, there are penalties the driver will face with regards to their driving privileges in Illinois.

On the other hand, as of 2011, there are no consequences against your driving privileges if you refuse to perform field sobriety tests, such as the Horizontal Gaze Nystagmus test, the walk and turn test, and the one leg stand test.  In addition to those tests, the officer will also request that you submit to a preliminary breath test (PBT) at the scene.  The motorist should remember that these tests are requested by the police officer to 1) determine if you are safe to drive so the officer can decide whether or not to let you go and 2) determine if there is probable cause to place you under arrest for DUI.   Moreover, the motorist should remember there are no driver's license consequences if they refuse the PBT.  There are arguments to submit to the PBT and arguments for refusing.  That decision is left up to each individual motorist.  Consult your attorney for a more specific answer.  The answer typically depends on the present facts.

If you refuse those tests, it does not mean the officer will not have enough evidence to place you under arrest.  Smart police officers are trained to use other observations to develop probable cause to arrest for DUI, such as observing your movements while you get out of the car, speech patterns, bloodshot/glassy eyes, and asking you simple questions that a sober person would typically be able to answer with relative ease.  Nevertheless, by performing these field sobriety tests, you only stand to incriminate yourself even more than you have already.  That does not assume you are intoxicated and trying to hide evidence.  It simply means that the tests are difficult for healthy people who are not under the influence of drugs or alcohol.  We have all heard the line, “I couldn’t do these tests sober!”  While it is not advisable to make any statement like that, there is some truth to that honest, albeit incriminating statement. 

As of 2011, the following are administrative punishments against your driving privileges regarding breath alcohol testing:

     1.    If you refuse blood, urine and/or breath testing, your driving privileges will be suspended for a period of 1 (one) year if you are a first offender.  A first offender is a driver who, within the last 5 years of the present arrest for DUI,

·      Has NO previous conviction or court supervision for DUI, or a conviction or similar offense in any other state, and

·      Has NOT previously submitted to blood alcohol testing and disclosed a BAC over .08, and/or

·      Has not previously refused blood alcohol testing.

     2.    If you are not a first offender and you refuse on a subsequent DUI arrest within the 5 year period of the previous DUI arrest, your driving privileges will be suspended for a minimum of 3 (three) years.

     3.    If you submit to breath alcohol testing disclosing an alcohol concentration of .08 or more or any amount of a drug, substance, or intoxicating compound resulting from the unlawful use or consumption of cannabis  or any controlled substance listed in the Illinois Controlled Substances Act (such as cocaine, meth, exstacy, etc), and

·      If you are a first offender, your driving privileges will be suspended for a minimum of 6 (six) months; or

·      If you are NOT a first offender, your driving privileges will be suspended for a minimum of 1 (one) year.

Remember:  It is not a constitutional right to refuse this testing due to the fact that you face the administrative punishment of a driver’s license suspension for refusing or testing over 0.08 BAC.  Additionally, many courts in Illinois allow the jury to hear potentially incriminating evidence that you were allowed to “blow into the breath test” and since you refused, you received double the punishment had you blown and disclosed a BAC under .08.  Count on prosecutors arguing to the jury that you had the opportunity to disclose a BAC under .08 but the only reason why you refused was because you knew you would test over .08.  The counter to that argument is that in our country and state, it is the State’s burden to prove you are guilty beyond a reasonable doubt.  Additionally, you have a constitutional right to not provide any evidence that may or may not tend to incriminate you.  Thus, while you are looking at a suspension of your driving privileges, it is a choice that every motorist in that situation can make. Finally, if the officer asks you to submit to breath testing and you prefer blood testing at the hospital, the officer can mark you down as a "refusal" for refusing any test they suggest.  A real example is as follows:

• A police officer pulls over a driver for speeding.  Police officer smells alcohol on driver after pulling them over.  Police officer arrests driver and driver blows into the breathalyzer and discloses a BAC of .11.  Then, the officer suspects the driver is also under the influence of drugs and asks the driver to go with the officer to the hospital for further testing.  The driver, upset it will take even longer, refuses to go to the hospital and tells the officer that he/she already blew into the breathalyzer and that should be good enough.  The officer then marks the driver down as refusing ANY chemical test and the driver now faces a longer suspension as a result of this "refusal."  Even worse though, the driver already gave highly incriminating evidence of his guilt for DUI by blowing the breathalyzer earlier revealing his/her BAC at .11.  In that situation, the driver received a longer suspension for refusing ANY testing lawfully requested by the officer AND they [the driver] gave evidence the prosecutors will use against him/her in court.

Most officers will not tell you that you have a choice to refuse.  They will simply read you a "warning to motorist" form that states the consequences of refusing or testing over .08.  Pay attention when they read this form to you so you can be reminded or "warned" of the consequences of your subsequent decision.  After reading the form (typically word for word), the officer will ask you to submit to testing.  Some officers have been known to tell the driver they HAVE to blow or submit to chemical testing.  While that statement is not entirely true, the motorist should know what collateral consequences they will face if they submit to or refuse testing. 

If you have further questions, please visit our website at www.centralillinoislawyers.com and complete our online submission form. Or, you can call our office at 309-699-4691 or email us at how@howlawfirm.com.
LEGAL DISCLAIMER

The use of the Internet or this form for communication with the firm or individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form nor should the reader rely on the information listed above as true in all circumstances. This information is provided generally and any similarity between the information listed above and an individual reader's case is purely coincidental.

The attorneys at Hall & Rustom LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.

Article Author: Jeffrey R. Hall

Jeff Hall is managing partner at Hall, Rustom & Fritz LLC and concentrates his law practice in Criminal Law, DUI & Traffic law, driver's license reinstatement hearings and criminal record expungements.

If you have a legal question, email Jeff Hall.

Jeffrey R. Hall

Lawyer Jeffrey Hall | Featured Attorney DUI

Lawyer Jeffrey Hall | Top Attorney Criminal Defense

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Will I go to jail for driving while my license is suspended/revoked in Illinois?

By Jeffrey R. Hall of Hall & Rustom, LLC  

Driving on a suspended driver's license (DWLS) is a class A misdemeanor, punishable up to 1 year in jail and/or a $2500 fine or up to 2 years probation. That is the range as to how much a judge may sentence you for one offense of DWLS. If it is your first offense, it is highly unlikely that any judge would sentence you to the maximum amount of time in jail -- or any jail at all for that matter. However, the punishment gets worse depending on 1) how many prior DWLS violations you have on your driving record; 2) How bad your driving record is as a whole; and/or 3) whether or not you are suspended for a more serious reason, such as a suspension from DUI, reckless driving, leaving the scene of an accident with injuries, reckless homicide, etc.

If it is your first DWLS violation, our attorneys can typically work out a deal that will NOT affect your driving record. However, if you plead guilty and receive a conviction for DWLS on your driving record, that conviction will extend the length of time you were suspended. For example, if you are at least 21 years old, and you receive 3 moving violation convictions within a 1 year period, you will likely receive a driver's license suspension of 3-12 months.  If you are subsequently arrested for driving while your license was suspended during that period of time, your driver's license suspension will be extended 3-12 more months. Further, if you are suspended or revoked for DUI, and you are caught driving at a time when your license is suspended or revoked for that DUI, the minimum statutory amount of jail time is 10 days (if you are found guilty or plead guilty to DWLS). If you have a prior DWLS violation on your record (whether it was court supervision or a conviction), and you are caught driving on a suspended driver's license at a time when your suspended/revoked for DUI, it is a class 4 felony and you could be sentenced between 1-3 years in prison.

The punishments only get worse the more prior DWLS violations you have listed on your driving record.DWLS doesn't seem as serious as other crimes...but under the surface, it can affect your life greatly.  There are many collateral consequences that people do not know about. That's why it is recommended for people charged with DWLS to hire an attorney to ensure the least possible punishment.  It is a difficult charge to defend.  Nevertheless, prosecutors are not required to advise you as to any effects a plea of guilty to DWLS would lead to.  Therefore, it is in your best interests to discuss the matter with an attorney.

If you have further questions, please visit our website at www.centralillinoislawyers.com and complete our online submission form. Or, you can call our office at 309-699-4691 or email us at how@howlawfirm.com.

LEGAL DISCLAIMER

The use of the Internet or this form for communication with the firm or individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form nor should the reader rely on the information listed above as true in all circumstances. This information is provided generally and any similarity between the information listed above and an individual reader's case is purely coincidental.

The attorneys at Hall & Rustom LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.

Article Author: Jeffrey R. Hall

Jeff Hall is managing partner at Hall, Rustom & Fritz LLC and concentrates his law practice in Criminal Law, DUI & Traffic law, driver's license reinstatement hearings and criminal record expungements.

If you have a legal question, email Jeff Hall.

Jeffrey R. Hall

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Family Law Issue: What should I do about paying college expenses for my children when my spouse and I are wanting to divorce?

By Michael S. Fritz, partner at Hall & Rustom, LLC

Many people are aware that a person’s child support obligation terminates when either the child turns 18 years-old or graduates from high school, whichever is later; however, Section 513 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) also allows for the payment/contribution for expenses related to a child’s college or higher education.  §513 considers a wide array of factors and circumstances in determining if, and what amount, a person must contribute to their child’s college or higher education expenses.  Below are some questions I regularly receive from clients regarding to college expenses:

a) Must my ex-spouse pay for my child’s educational expenses?

No. Although this is not the common result, a court is not obligated under §513 to order a parent to contribute to the college/educational expenses of the child.  The court considers many factors pursuant to §513 in making its determination as to who should pay and what amount.  If, after analyzing the relevant facts , the court finds that one parent is unable to contribute towards these expenses, the judge may find that the he/she does not need to contribute.  Each case is different, and although there is no “cookie cutter” answer as to who pays for what, a courts commonly will require all parties: mom, dad and the child to contribute at least something towards that child’s higher education.

b) Can the judger order contribution to my child’s trade school?

Yes.  §513 educational expenses extend to both college/university expenses, as well as professional training, (and in some cases high school G.E.D.).   The theory behind payment towards §513 educational expenses is that many parents have the ability to contribute to the success of their children’s future by contributing to their child’s education and training, regardless of what that profession may be.  Illinois law recognizes that not all children will attend the traditional college or university, therefore §513 allows for the payment of professional, vocational and even G.E.D. training/schooling.

c) Is the income of my ex-husband’s/ex-wife’s spouse considered in determining contribution to the payment of college/educational expenses?

Yes. Unlike the determination of child support, a spouse’s income can, and will be, considered by the court in determining one’s ability to contribute to the payment of educational expenses.  There are many factors the court considers in determining whether to award any money toward the payment of child’s college/educational expenses, one of the most significant factors the court may consider is “the financial resources of both parents”.  For that reason, a spouse’s income will directly impact the court’s determination as it directly affects the financial resources of a particular parent.  This factor is worded to accommodate those who have remarried and in the processes substantially increased his/her financial stability.

d) How will my child’s choice in college affect what I am ordered to pay? (i.e. -public university, private university, and community college tuition rates and costs)

This is one of the most commonly asked questions I receive from clients. The answer I tell them is always the same, “It depends.”

The unique thing about §513 education expense cases is that no case is ever the same, and the outcomes vary on the individual case facts.  As previously discussed, the courts have a wide discretion in awarding these educational expenses and will look at a wide array of factors in reaching its decision.  Perhaps the child is extremely gifted and is eligible for scholarships such that his/her tuition to Harvard is no more than in-state tuition.  Or perhaps the child is concentrating in a particular field such as religious studies and must attend a specific educational facility to accommodate his/her area of study.  These are but some of the various factors that will govern a court’s decision in awarding educational expenses.

Another factor in the award of college expenses also depends on the presiding judge.   Some judges may order that a certain percentage of the educational expenses are split between the child and the parents in accordance with that particular institution’s tuition rates.  Others may simply order the contributing parent to pay a set dollar amount toward the child’s education regardless of the learning institution the child selects and it’s respective costs.

e) Can a court order payment toward post-graduate schooling such as medical or law school?

Yes, although the court is ultimately given the discretion to decide what amount, if any, the parents or parent should pay toward the post-secondary education of the child.  §513 expenses are determined on a case-by-case basis; meaning there is no black and white rule the judge must follow in awarding these costs.  The Judge is given a wide range of discretion to determine what amount, if any at all, the court should award toward the payment of post-secondary educational expenses.  The court will look at variety of factors in reaching its determination, and depending on the circumstances, find that the child is responsible for all, some or no expenses for post graduate education– each case is unique to the set of facts.

Article Author: Michael Fritz 

Michael Fritz is a partner at Hall & Rustom, LLC and concentrates his law practice in Family law with great emphasis on Divorce, Child Custody, Child Support, and College Expenses.  He also concentrates in Estate Planning & Administration, and School Law.

If you have a legal question, email Michael Fritz.






  

LEGAL DISCLAIMER

The use of the Internet or this form for communication with the firm or individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form nor should the reader rely on the information listed above as true in all circumstances. This information is provided generally and any similarity between the information listed above and an individual reader's case is purely coincidental.

The attorneys at Hall & Rustom LLC represent clients throughout the entire state of Illinois, including, but not limited to, the cities of Peoria, Morton, Washington, Pekin, Eureka, East Peoria, Dunlap, Metamora, Bartonville, Bloomington, Normal and any legal matter located in Peoria County, Tazewell County, Woodford County, Marshall County, Stark County, Henry County, Knox County and McLean County.