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Recent Blog Posts
Emotional Abuse Is Domestic Violence
Often, when a person hears the term "domestic violence" or "domestic abuse" they think of physical abuse like hitting, kicking, pushing, or choking. However, domestic violence does not only refer to physical acts such as these. Emotional or psychological abuse can be just as damaging as physical abuse, and those who are perpetrators of it should be held accountable.
Every couple has arguments from time to time. Sometimes, a spouse raises their voice at the other or says things that they do not really mean. This is not emotional abuse. The behavior becomes abusive when the perpetrator attempts to control their partner through their behavior. Instead of brandishing a physical weapon, a person who is emotionally abusing their partner will use lies and insults as their weapons. An abuser may use tactics such as these when attempting to gain control over their partner:
- Isolating Their Partner from Others: it is a big warning sign when someone discourages his or her partner from having healthy relationships with friends and family. Oftentimes, abusers will purposely drive a wedge between their victim and victim’s friends and family in order to exert more control over him or her;
MDDP Program in Illinois Could Put You Back Behind the Wheel
Being charged with the crime of driving under the influence (DUI) can have devastating effects on a person’s life. Fortunately, there is a program available for first-time DUI offenders in Illinois that can help them get back on the road, even if their driving privileges have been suspended.
A monitoring device driving permit (MDDP) allows drivers to drive after they install a breath alcohol ignition interlock device (BAIID) on their vehicle. In order to participate in the monitoring device driving permit program, you must meet the MDDP eligibility requirements. To qualify, a driver must:
- Be a legal adult (18-years-old or older);
- Be a first-time offender;
- Have a valid driver’s license;
- Have not had any previous statutory summary suspensions;
- Have not been previously convicted of DUI or assigned court supervision for a DUI in Illinois and
- Have not been convicted of a DUI in another state within five years.
Former Basketball Star Charged With DUI Under Bizarre Circumstances
When people think about the consequences of a DUI, what usually comes to mind is the possibility of jail time. However, being convicted of driving under the influence can be devastating in more ways than just one. Those who drink and drive are not only are risking going to jail but are also putting themselves and the surrounding vehicles serious danger.
A former college basketball star was recently arrested for drunk driving in Belleville, Illinois. The arrest happened around 3 a.m. after sheriff's deputies noticed a vehicle stopped at a red light. The light turned green and the car did not move. When other drivers had to physically drive around the stopped car to get through the intersection, the officers became suspicious. Deputies found the driver of the stopped car unresponsive. It quickly became apparent that the driver had actually passed out behind the wheel while driving.
Police have explained that the vehicle "was running and in gear, with his foot on the brake and music was blaring from the interior of the vehicle." There was an also odor of alcohol coming from the driver, according to the police. After officers were able to rouse the sleeping driver, they notified him that he was under arrest. The driver then physically resisted arrest and had to be restrained. He was found to have a blood-alcohol concentration more than twice the legal limit at .185 percent. The driver was cited for disobeying a traffic control device, improper parking on the roadway, obstructing a police officer, and for driving with a blood-alcohol level above the Illinois legal limit of .08 percent.
DUI Awareness on “Blackout Wednesday”
This Thursday is Thanksgiving—a time when old friends and relatives get together to celebrate and give thanks for the blessings in their lives. Unfortunately, during the holiday, many people choose to drink and then get behind the wheel of a car. Bars are often very crowded the day before Thanksgiving as many have the next day off work, so they feel more comfortable drinking more than they normally would. Drinking on that particular night has become so prevalent that it has earned the ominous nickname of “Blackout Wednesday.” Others, of course, may drink to cope with family and personal stresses, which can be especially difficult during the holidays. Still others just want to party and have a good time and do not realize they are too intoxicated to drive.
Plan for a Ride Home If You Plan to Drink This Wednesday
Standardized Field Sobriety Tests During a DUI Stop
Imagine that you have been pulled over on suspicion of driving under the influence, or DUI. The officer approaches your car and asks if you have been drinking. Regardless of your answer, you may be asked to get out of your car and submit to sobriety testing. From you have seen on TV or in the movies, do you know what the test would be? Will the officer ask you to recite the alphabet backwards? Or maybe he or she will have you spell your birth month. While there are many entertaining ways to test a person for potential intoxication, law enforcement officers around the country typically rely on a series of evaluations approved by the National Highway Traffic Safety Administration (NHTSA) known as Standardized Field Sobriety Tests, or SFSTs.
What Are SFSTs?
The SFSTs consist of three separate assessments designed to help an officer estimate a driver’s level of intoxication. These tests can be used in addition to a chemical testing procedure, such as a breathalyzer, or to justify a DUI arrest if such chemical testing provides marginal results or is not available.
More Than a Ticket: Aggravated Speeding in Illinois
Many drivers view the occasional traffic ticket as no big deal. The fine associated with a citation is often seen as just one of the costs of driving, albeit one the driver could do without. If this describes your perspective when you get a ticket, you may be inclined to simply plead guilty by paying the fine and moving on with your life. In some cases, such an approach may be reasonable, but certain traffic violations are much more serious and may even be prosecuted as criminal offenses. Aggravated speeding, for example, could lead to a criminal conviction and possibly time in jail.
Petty Offenses vs. Criminal Offenses
Most traffic violations are classified by the state of Illinois as petty offenses. It is also possible for a driver to be cited for violating local traffic ordinances. Local violations and petty offenses are punishable by fines ranging up to $1,000. Petty offenses also accumulate points on the driver’s record which could lead to suspension of his or her driving privileges. Criminal offenses, by comparison, are handled in the state’s criminal court system and may result in more expensive fines, probation, and jail time. Traffic-related criminal offenses are generally misdemeanors, but there are some—including aggravated DUI—that could be considered felonies.
Two New Devices in Battle Against Texting While Driving
By now, virtually everyone knows that using a cell phone or other mobile device to send text messages or emails while driving is extremely dangerous. It also against the law in most states. If you are cited for texting while driving in Illinois, fines start at $75 for a first offense and go up from there. Thanks to two new pieces of technological innovation, however, it may soon be more difficult for drivers to text while behind the wheel but easier for the police to know that drivers have been texting.
Limits for Teen Drivers
Derive Systems, a company that specializes in automotive technology, says that it will be releasing a new device in 2018 that limits what a driver can do while driving. According to company officials, the Derive Teen Driver plugs into the vehicle’s diagnostic port and makes logic adjustments to the car’s computer. The device can be set—ostensibly by parents—to limit the vehicle’s speed, to prevent the car from starting if the driver is not wearing a seatbelt, and even to lock and disable the driver’s cell phone.
How to Handle Yourself During a Traffic Stop
Most of us are familiar with the irrational fear that starts to creep up when you are sitting at a traffic light and police car either pulls up beside or behind you. A million things go through your mind at the same time: How long was the cop following me? Was I speeding before? My registration gets renewed next month, right? Where is my insurance card? In most cases, the officer has probably barely noticed you or your vehicle. When the flashing lights go on behind you, however, the situation changes dramatically.
If you are being pulled over for a traffic violation, be sure to:
- Pull over and stop as soon as it is safe to do so. Put on your turn signal immediately and begin to slow down so the officer knows your intent. It may be a little while before you can safely stop, but the officer will understand and appreciate your caution;
- Roll down your window and keep your hands on the steering wheel. The officer may approach from either side, and keeping your hands visible is a way to show the officer that you intend to cooperate. When you are asked for your license, registration, and proof of insurance, have them ready and ask for permission to move so that you can get them;
Orders of Protection and Parenting Time Questions
Domestic violence is sadly an all too common occurrence in this day and age. It can destroy lives and families. Besides its obvious dangers, it can also cause significant, long-lasting harm to the children of families who go through it. Allegations of domestic violence are taken extremely seriously considering parental responsibility and parenting time questions. If you have been the victim of domestic violence, you may be able to show that your abusive spouse should have no further contact with your children, even in a situation where they would otherwise have co-parenting rights.
Illinois Definition
Illinois defines domestic violence as not only physically injuring a family member (whether they are related by blood, marriage, or adoption), but also “interfering with personal liberty,” in situations such as kidnapping or false imprisonment. When there are children involved, there is even more of a zero tolerance policy than there would be otherwise. The Illinois legislature actually holds, as a matter of policy, that cases of domestic violence involving children are generally to be handled with special consideration.
Challenging an Order of Protection Based on False Accusations
There is no doubt that domestic violence continues to be a scourge on families throughout Illinois and across the country. Those who claim otherwise are sadly misguided. While domestic abuse affects millions of individuals and families, it does not necessarily happen in every household. The nature of the problem, however, means that accusations of abuse are often taken very seriously while claims of innocence by the accused tend to fall on deaf ears. Sometimes, such accusations can be formalized in an order of protection, resulting in the restriction of certain rights and freedoms for the accused. If the accused has done nothing wrong, this is not only unfair but also completely unacceptable.
Sadly, it is relatively easy for a person who feels betrayed or angry—including a spouse going through a particularly nasty divorce—to exaggerate or make up stories of abuse at the hands of a former partner. The accuser may be trying to gain an advantage in proceedings for the allocation of parental responsibilities (child custody) or he or she may simply want to make life more difficult for the accused. If you find yourself in such a situation, it is important to know what to do to protect yourself.
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