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Illinois Questions & Answers
1 Answer | Asked in Traffic Tickets for Illinois on
Q: I had a 28 over speed limit ticket in 25 mph zone with court appearance. Will I go to jail?

Mt prospect

Brandon K. Davis
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Brandon K. Davis
answered on Feb 5, 2023

The maximum penalty for speeding 26-34 mph over the limit is 6 months in jail and a $1,500.00 fine - the minimum penalty is court supervision. Of course, the goal is to avoid jail time and a criminal conviction. Traffic school and community service are more common than jail. The ultimate result... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: I got a ticket for driving 28 over speed limit in 25 mph zone. I know it can be a jail time . How likely that to happen?

Mount Prospect Illinois

Brandon K. Davis
PREMIUM
Brandon K. Davis
answered on Feb 5, 2023

The maximum penalty for speeding 26-34 mph over the limit is 6 months in jail and a $1,500.00 fine - the minimum penalty is court supervision. Of course, the goal is to avoid jail time and a criminal conviction. Traffic school and community service are more common than jail. The ultimate result... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: Piece of foley balloon left inside of my bladder after I had my C-section in December 2021

Doctors thought it was a tumor from ultrasounds I had until I had my cystoscopy done, and we seen that it was part of the foley balloon. So it was in my bladder for thirteen months.

Lindsey Seeskin
Lindsey Seeskin
answered on Feb 2, 2023

I'm very sorry to hear the ordeal you have experienced. The foley balloon, once left in your body after completion of the c-section and any further medical care, became what is known as a "retained foreign object". This should never have happened. A medical malpractice claim may be warranted.

2 Answers | Asked in Employment Law and Contracts for Illinois on
Q: Signed non-compete in IL, that I must give 10-day notice & name of my next employer before quitting. Do I have to do so?

I signed a con-compete in Illinois that reads "If for any reason I decide to voluntarily resign from the Company, I acknowledge that the Company requests that I provide at least 10 business days written notice of my intent to leave, the date I want to leave, and (as soon as I know it) the name... Read more »

Bryan R. Bagdady
Bryan R. Bagdady
answered on Feb 2, 2023

Your question is missing some important information. Having said that, non-competes are not enforceable in Illinois unless they are reasonable under the circumstances. I do not believe that an Illinois court would find the requirement to disclose a new employer as being unreasonable. I suspect that... Read more »

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Q: so a land patent protects the property within the land patent if the holder steps foward
James G. Ahlberg
James G. Ahlberg
answered on Feb 1, 2023

I don't mean to sound rude, but you've made a statement rather than asking a question. Do you have a question? You'll want to use somewhat correct terminology. A "land patent" typically refers to the initial grant of a piece of land by the government to an individual or... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: Are there different camera views on police vehicles in Illinois ?

I am trying to find out if there are different t camera views.

Darryl A. Goldberg
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Darryl A. Goldberg PRO label
answered on Jan 31, 2023

Most police squad cars that are equipped with cameras have front facing cameras (commonly referred to as "dash cams") as well as rear cameras and/or rear-view mirror mounted cameras that monitor occupants in the backseat area.

1 Answer | Asked in Criminal Law for Illinois on
Q: What is Illinois statute 720 5/12-21.6(a)?
Darryl A. Goldberg
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Darryl A. Goldberg PRO label
answered on Jan 31, 2023

That is an older statutory citation for Endangering the Life of Health of a Child. It has been renumbered in the Criminal Code under 720 ILCS 5/12C-5. This can be a very serious allegation that can be charged as both a misdemeanor or a felony, depending on whether a conviction would result in the... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Illinois on
Q: I need to change my farm land recording to my trust. My attorney has not followed through. Can I record it myself?
James G. Ahlberg
James G. Ahlberg
answered on Jan 27, 2023

First, call your lawyer and ask why he hasn't followed through. There may be some obstacle that's needs to be removed first, and he's working on it for you. Second, if your lawyer doesn't have a good reason for not following through, find another attorney. You can record... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: In Illinois do you have to give a roommate notice of someone moving in?

Me and my girlfriend split up about a year ago. She still lives in my house that I own. I've been seeing somebody for 6 months and we both want to live together. Problem is my ex-girlfriend still lives there and she refuses to leave. Do I have to give her notice of someone moving in? Because... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jan 27, 2023

From a legal perspective, if it's your house you don't need to give your ex notice that someone else is moving in. On the other hand, I'm guessing your new girlfriend and you will lead a much more peaceful life if you evict the ex-girlfriend before moving the new girlfriend into the... Read more »

1 Answer | Asked in Business Law for Illinois on
Q: company name being used in another state by another company

my company name in Illinois is also the name of a company in another state. any recourse?

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Jan 25, 2023

The issue is the infringement of a trade name. Is your name registered with the USPTO? or anywhere? Is their name registered? If not, you need to get registered, if possible. There are some issues. However, there are some claims for rights that are common law. You may need a legal consultation.... Read more »

1 Answer | Asked in Divorce, Immigration Law and Family Law for Illinois on
Q: American husband wants a divorce. What type of lawyer do I need as a foreign born spouse, permanent resident?
Monica E Rottermann
Monica E Rottermann
answered on Jan 25, 2023

A family law attorney that handles divorces. You may also wish to consult with an immigration attorney to determine the impact this divorce might have on your status, for example, if you are a conditional rather than permanent resident.

1 Answer | Asked in Family Law for Illinois on
Q: Can I remove my kids, 10 & 14, out of my husband's home and bring with to rent a house? In Chicago

It's his house. Have post settlement agreement from 2013. It states joint custody which i realize is no longer a term. I'm thinking we will have to start from scratch. Need to know if I can remove them from the home before I sign the 2 year lease.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Jan 25, 2023

Your Judgment for Dissolution should state who the residential parent is. If it is you, then you are free to move with the children.

1 Answer | Asked in Business Law and Landlord - Tenant for Illinois on
Q: Is it legal for my business landlord to ask for financials 3 years into a lease?

Lease and rent are current and up to date.

Demitrus Thomas Evans
Demitrus Thomas Evans
answered on Jan 23, 2023

This seemingly is a landlord-tenant issue. However, as a practical matter for business, if you have already signed a lease and been in it for 3 years, this appears to be out of their right to request.

However, I can see it making sense in two scenarios: if you have fallen behind and there...
Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Illinois on
Q: How would you include the %'s in an Illinois Executors Deed when you have 1 executor but multiple heirs/grantees (6)?

Trying to fill out an Executors Deed. I have one executor but about 6 heirs/grantees. Do I just list each heir and their percentage and say individually? For example: John Doe (20%) individually, John Doe Jr. (20%) individually, etc. Should percentages not be included?

Stephen Sotelo
Stephen Sotelo
answered on Jan 23, 2023

An Executor's Deed or Administrator's Deed is generally utilized when the Representative is "selling" real estate to a third party.

On the other hand, when a representative is merely releasing the estate's interest in the property and confirming title in the heirs...
Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: I had surgery on Friday 1/13/23. I told my boss I needed an extra day (Monday) off. I now have a point against me for it

I am now at work in pain because I fear I will get more points against me. They have a system where if you get 7 points, you’re fired. I’m not sure if this is legal or if there is anything I can do in this situation. I have doctor’s notes for my surgery and my missed day on Monday 1/16/23.

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 17, 2023

Sorry to hear about your surgery. If you had a doctor's note for taking Monday off, and your employer would not accept it, you may have a case for denial of reasonable accommodations. Depending on if you qualify for job-protected leave, you may also have a case for violation of the FMLA.... Read more »

1 Answer | Asked in Trademark for Illinois on
Q: If a word is trademarked as a singular item, say "rain" is it considered infringement to use multiples such as "rainss"?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 16, 2023

Yes. If a text component of a registered mark is in the singular form, it is infringed by use of the plural. The issue is whether the mark is "confusingly similar" to another mark, and mere pluralization of a text component in a mark is considered too similar for registration.... Read more »

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Is my son, who lives in Illinois and paid his Minnesota speeding ticket, able to change it to supervison?

He now has a suspended license due to 2 tix before 21 yrs. But needs a license to drive to his college classes. He currently attends college in Texas.

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin PRO label
answered on Jan 16, 2023

That is a question that would be best posed to a MN lawyer.

1 Answer | Asked in Civil Litigation for Illinois on
Q: My family received a judgement . But the law firm that was hired is refusing to give the money. What can be done.

The judge order them to payout but they are still refusing. Told the family they dont deserve that amount of money.

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 16, 2023

I assume that when you say your family "received" a judgment that you mean that a judgment was entered in your or your family's favor and against some specific defendant or defendants. Obtaining a judgment does not mean that the defendants will voluntarily pay or satisfy the... Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: in a car accident and received 2 ticket for uninsured vehicle and expired registration can the tickets be thrown out?
Theodore J. Harvatin
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Theodore J. Harvatin PRO label
answered on Jan 11, 2023

If should purchase insurance and bring proof to court. They would provide you court supervision and fine you but you would avoid a no insurance conviction, which would cause a suspension of your license.

Note: you will have to purchase SR 22 coverage, in addition to your regular insurance....
Read more »

1 Answer | Asked in Traffic Tickets for Illinois on
Q: I had a blown tire. My vehicle was off the road and shut off for 20 minutes or more while I was trying to contact someo

I saw an officer turn around across the street from me. As he was pulling across I stepped our of my car to let him know I had a blown tire and didn't have a breaker bar and trying to call. told me I could get back in my car as it was raining out. Well after running my plates I guess they... Read more »

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin PRO label
answered on Jan 11, 2023

In Illinois, you can be either actually operating a motor vehicle or “in actual physical control“. In your case, that essentially means, how else did you and your car get there if you did not drive them there.

And what happened on your no insurance ticket is you probably Failed to have...
Read more »

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