Tuesday, April 29, 2008
Saturday, April 26, 2008
When: Saturday, May 3, from 5:00 p.m. to 8:00 p.m.
Where: Durkin’s, 810 W. Diversey, Chicago, IL
What: Pizza and domestic beer, house wine, mixed well drinks and soft drinks
Cost: $30.00 per person per wristband or $100.00 for entrance fee for Bean Bag Tournament for a team of two with two wristbands. You must be 21 years old and older to participate.
Deadline: Thursday, April 24, 2008
The Bean Bag Tournament is a fundraiser for the IBF/YLD Children's Assistance Fund. The YLD raises funds that are used for grants for child-related programs. The main funding is for establishment and ongoing support, supplies, toys, etc, for Children's Waiting Rooms in Courthouses throughtout the state. These waiting rooms provide children a safe space while their parents or guardians have business with the Court.
Prizes will be given to the first and second place teams. Questions? Email Meghan at firstname.lastname@example.org
If you want to enter the tournament, but do not have a teammate, let me know and I will try to team you up with someone.
Monday, April 21, 2008
Subsequently notices of Revocation were sent out to the people whose records were sent. Now realize some of these people knew this was a potential as their record had never been sent and their license never revoked. However, for other people who had already had their license revoked and had already had gotten their license reinstated it was quite a surprise. Not to mention, there was no warning - just a letter stating that their license was effectively revoked as of the date in the letter. Now the kicker to this whole scenario is that the application process to have your license reinstated can take quite a while. Also, in order to apply to have your license reinstated you need to have your original alcohol evaluation, a new evaluation, etc..... - well for those who did not keep good records, they were unable to get a copy of their original alcohol evaluation (the circuit clerk microfilmed the files and alcohol evaluations were not microfilmed and the main evaluator in 1998 for DUIs had since closed, etc...).
Now comes the question for the attorney, did the attorneys violate ethics or potentially liable to a malpractice claim for not making sure the ADR record was sent by the circuit clerk? And the most often question asked by the clients is there anyway around this? Well the simple answer I found is no - not really.The Circuit Clerk is required by statute to send the ADR conviction record within 5 days of the conviction. However, since there is no punishment for if they do not send it, they can send it at any time without repercussions. The Secretary of State by statute is allowed to impose a suspension or revocation of a driving license on the date it receives notice of the conviction. NOTE: date it receives notice of the conviction, NOT date of conviction. Thus, the Secretary of State could theoretically revoke a 90 year olds license for a DUI he/she received when they were 16.
How do you resolve the problem? Still to be determined, but if it is not alcohol related, I can tell you it takes a lot of calls to the Secretary of State before you will get any kind of answer. The answer I finally found after being told there was nothing they could do, was that when considering revocations and suspensions traffic ticket convictions over 7 years old cannot be considered (Lucky for me and my client).Will this issue come up again - Most definitely - previous to the Champaign County event, MADD (Mothers Against Drunk Driving) found boxes of records that had not been sent to the Secretary of State in another County, and promptly made sure they were sent causing many similar revocation letters to be sent out.
Wednesday, April 16, 2008
Saturday, April 12, 2008
Thursday, April 10, 2008
The Motor Vehicle Code states that CDLs shall be suspended if the holder is convicted of:
- One “major offense,” or
- Two "serious traffic violations," arising from separate incidents, occurring within a three year period.
“Major offenses” all involve alcohol, controlled substances, or death.
"Serious traffic violations" are defined in 49 C.F.R. 383.51 and include only the following offenses:
- Speeding excessively (15 mph or more over the limit);
- Reckless driving:
- Making improper or erratic lane changes;
- Following too closely;
- Violating any state or local law in connection with a fatal accident; and
- Driving a commercial vehicle without a CDL in the driver’s possession.
I have a guy involved in an accident while driving a tractor-trailer on I-90. He was ticketed for Failure to Reduce Speed and Following too Closely.
According to the CDL Cheatsheet, he can take the hit for Failure to Reduce Speed, if it comes to that, without any consequences to his CDL. Looks like all I have to do is get rid of the Following too Closely.
Wednesday, April 9, 2008
The quote that is making all the headlines is where the Donald says that he has "a Ph.D. in legal fees," and that he "knows when fees are fair and when they're not." The quote that I found interesting, however, is where he says "We won the case because I am a great witness."
On a side note, the Wall Street Journal Law Blog points out that the firm that Trump is suing employs Joshua D. Saviano, the former child actor who was once known as Paul, Kevin Arnold's best friend on the Wonder Years. Check out his profile on the firm's website.
Monday, April 7, 2008
So I apply for the exemption online and everything is going smoothly and quickly. There is a code to enter along with the PIN. It asks you to verify your informaiton and certify that you owned the house as of Jan 1. At the bottom of the page I hit SUBMIT. It opens a new page where it says "YOUR EXEMPTION IS NOT COMPLETE UNTIL YOU PRINT THIS CERTIFICATION, SIGN, AND MAIL IT TO THE ASSESSOR."
What?!? Huh? Only in Cook County could some wizard on high decide that we are going to make things for the taxpayer easier, quicker, cheaper, and smoother by turning a one step process into two. I could have just mailed in the original paper form, rather than doing all the hoopla online and then having to mail it anyway.
Hopefully Todd Stroger's third cousin twice removed will personally handle my exemption in the fourteen hours he works this month.
Friday, April 4, 2008
What do the readers think? Let me know by posting your comments below.
"Unless provision is made in the will for a child of the testator born after the will is executed or unless it appears by the will that it was the intention of the testator to disinherit the child, the child is entitled to receive the portion of the estate to which he would be entitled if the testator died intestate and all legacies shall abate proportionately therefor."
So, unless Heath expressly disinherited after-born children in his Will (or it appeared that was his intention), Matlida would inherit and the other legacies (in this case to his parents and siblings) would abate. Michelle would not be so lucky, as the legislature affords no special protection to ex-fiancee's, so hopefully she has some of that Dawson's Creek money stashed away.
Why would anyone disinherit after-born children you may ask? Anna Nicole did...but did she mean to? For an excellent discussion on that topic from the Death and Taxes Blog, click this link.
So, how does one avoid this problem altogether? It's quite simple actually, careful drafting. Instead of leaving my estate to my son Daniel (as in Anna Nicole's case), how about "I leave my entire estate to my descendants who survive me, per stirpes" or "I leave my entire estate to my children who survive me, per stirpes." A little planning and forethought go a long way.