I defend enough traffic tickets for Commercial Driver’s License (CDL) holders that this question comes up too often: What counts as a Serious Traffic Violation for commercial drivers in Illinois? First, a little bit of background.

If you drive a truck like this, you need to keep track of your serious traffic violations.

Why are serious moving violations so dangerous for Illinois commercial drivers?

If you rack up two serious moving violations in any 36-month period, your license will be suspended for a minimum of two months. See 625 ILCS 5/6-514(e). You cannot take the risk having even one serious moving violation on your record because if another one happens, you will lose your ability to work for a long period of time.

Illinois has adopted the FMCSA regulations for serious traffic violations. There are 8 of them.

Section 6-500 of the Illinois Vehicle Code defines some examples of serious traffic violations:

Serious Traffic Violation. “Serious traffic violation” means:
(A) a conviction when operating a commercial motor vehicle, or when operating a non-CMV while holding a CDL, of:
(i) a violation relating to excessive speeding, involving a single speeding charge of 15 miles per hour or more above the legal speed limit; or
(ii) a violation relating to reckless driving; or
(iii) a violation of any State law or local ordinance relating to motor vehicle traffic control (other than parking violations) arising in connection with a fatal traffic accident; or
(iv) a violation of Section 6-501, relating to having multiple driver’s licenses; or
(v) a violation of paragraph (a) of Section 6-507, relating to the requirement to have a valid CDL; or
(vi) a violation relating to improper or erratic traffic lane changes; or
(vii) a violation relating to following another vehicle too closely; or
(viii) a violation relating to texting while driving; or
(ix) a violation relating to the use of a hand-held mobile telephone while driving; or
(B) any other similar violation of a law or local ordinance of any state relating to motor vehicle traffic control, other than a parking violation, which the Secretary of State determines by administrative rule to be serious.

So, we have eight basic serious traffic violations in Illinois:

1. Speeding 15 m.p.h. or more
2. Reckless driving
3. Any traffic ticket (e.g. a busted headlight) arising in connection with a fatal accident
4. Multiple driver’s licenses
5. Not having a CDL
6. Lane usage or lane change tickets
7. Following too closely
8. Using a cellphone to talk without a headset or to text.

Note well that while the statue says there has to be a “conviction” of these offenses for them to count as a serious traffic violation, a disposition of supervision on the charge counts as a conviction for your CDL. See  625 ILCS 5/6-500(8) (“‘Conviction’ means . . . the payment of a fine or court cost regardless of whether the imposition of sentence is deferred and ultimately a judgment dismissing the underlying charge is entered.”).

Also note well that a serious traffic violation can be “any other similar violation of a law or local ordinance of any state relating to motor vehicle traffic control, other than a parking violation, which the Secretary of State determines by administrative rule to be serious.” How many separate offense could that be?

The Illinois Secretary of State has designated 44 additional offenses as serious traffic violations:

92 Ill. Admin. Code 1040.20 contains a list of all of the serious moving violations deemed to be serious by the Illinois Secretary of State:

• 625 ILCS 5/6-501 Violation of More Than One Driver’s License
• 625 ILCS 5/6-507(a)(1) Driving Without a Commercial Driver’s License (CDL) in Possession
• 625 ILCS 5/6-507 (b) Unlawful Operation of CMV
• 625 ILCS 5/11-308 Disregarding Lane Control Signal
• 625 ILCS 5/11-503 Reckless Driving
• 625 ILCS 5/11-601(a) Speeding Too Fast for Conditions or Failure to Reduce Speed to Avoid an Accident
• 625 ILCS 5/11-601(b)(5) 15-25 MPH Above Posted Speed Limit
• 625 ILCS 5/11-601(b)(7) Over 25 MPH Above Posted Speed Limit
• 625 ILCS 5/11-601(b) Over 29 MPH Above Posted Speed Limit
• 625 ILCS 5/11-601.5 Driving 40 MPH or More in Excess of the Applicable Speed Limit. Class “A” Misdemeanor
• 625 ILCS 5/11-605 Exceeding the Maximum Speed Limit in a School Zone
• 625 ILCS 5/11-605(a) Exceeding the Maximum Speed Limit in a School Zone
• 625 ILCS 5/11-605(b) Exceeding the Maximum Speed Limit Through a Highway Construction or Maintenance Zone
• 625 ILCS 5/11-701 Failure to Drive on Right Side of Roadway
• 625 ILCS 5/11-702 Improper Passing Upon Meeting an Approaching Vehicle
• 625 ILCS 5/11-703(a) Improper Passing on Left
• 625 ILCS 5/11-703(b) Failure to Yield Right-of-Way to Vehicle Passing on the Left
• 625 ILCS 5/11-704 Improper Passing on the Right
• 625 ILCS 5/11-705 Improper Passing on the Left with Insufficient Visibility or Within 200 Feet of an Intersection
• 625 ILCS 5/11-706 Driving on Left Side of Roadway Where Prohibited
• 625 ILCS 5/11-707(b) Driving on Left Side of Roadway in a No-Passing Zone
• 625 ILCS 5/11-707(d) Passing in Unincorporated Area Where There Exists a School Speed Zone as Defined in Section 11-605
• 625 ILCS 5/11-708 Driving Wrong Way on One-Way Street or Highway or Around Traffic Island
• 625 ILCS 5/11-709(a) Improper Traffic Lane Usage
• 625 ILCS 5/11-709(b) Improper Center Lane Usage
• 625 ILCS 5/11-709(c) Improper Traffic Lane Usage
• 625 ILCS 5/11-709(d) Improper Traffic Lane Usage
• 625 ILCS 5/11-709.1 Passing on Shoulder While Merging into Traffic
• 625 ILCS 5/11-710 Following Too Closely
• 625 ILCS 5/6-101 Operating a Motor Vehicle Without a Valid License or Permit
• 625 ILCS 5/6-104(a) Violation of License Classification for First and Second Division Vehicles
• 625 ILCS 5/6-104(b) Violation of Classification for Transporting Persons for Hire
• 625 ILCS 5/6-104(c) Violation of Classification for Transporting Property for Hire
• 625 ILCS 5/6-104(d) Violation of School Bus Permits
• 625 ILCS 5/6-104(e) Violation of Religious Bus Driver Permits
• 625 ILCS 5/6-104(f) Violation of Classification for Transportation of the Elderly
• 625 ILCS 5/6-105 Violation of Instruction Permit
• 625 ILCS 5/11-1002(d) Passing Vehicle Stopped for Pedestrian
• 625 ILCS 5/11-1201(a) For drivers who are not always required to stop, failing to stop before reaching the railroad crossing, if tracks are not clear
• 625 ILCS 5/11-1201(a-5) For drivers who are not always required to stop, failing to slow down and check that the tracks are clear of approaching train
• 625 ILCS 5/11-1201(d-1) Failing to negotiate a railroad-highway grade crossing because of insufficient undercarriage clearance
• 625 ILCS 5/11-1412.1 Driving Upon Sidewalk
• 625 ILCS 5/11-1414(a) Passing School Bus Receiving or Discharging Children
• 625 ILCS 5/11-1425(b) Failing to have sufficient space to drive completely through the railroad crossing without stopping

Pleading guilty to a serious traffic violation is irresponsible for CDL drivers in Illinois.

Don’t risk your license and your livelihood. Our attorneys have experience negotiating down serious traffic violations to non-serious traffic violations (and occasionally non-moving violations). And when the prosecutors refuse to negotiate, we aggressively defend trials.

Now that the economy is picking up, more and more people are offered jobs in different areas of the United States. For one reason or another, Illinois was the second most popular state to move away from last year. The opportunity to accept a position in another state creates a unique problem for McHenry County divorcees with minor children. How do you take your kids with you when you move? Hopefully, this article will attempt to shed some light on the steps you need to take and the risks you face by seeking the divorce court’s permission to leave the state with your children.

The right to permanently remove children from the State of Illinois is governed by statute.

After your divorce, before you pack your backs you had better check with the judge to see if it is OK to take your kids with you.

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs most scenarios that arise relating to your children after your divorce. Section 609 of the IMDMA governs the situation when a party wants to remove the minor children from the State. It provides, in full, that:

Sec. 609. Leave to Remove Children.

(a) The court may grant leave, before or after judgment, to any party having custody of any minor child or children to remove such child or children from Illinois whenever such approval is in the best interests of such child or children. The burden of proving that such removal is in the best interests of such child or children is on the party seeking the removal. When such removal is permitted, the court may require the party removing such child or children from Illinois to give reasonable security guaranteeing the return of such children.

(b) Before a minor child is temporarily removed from Illinois, the parent responsible for the removal shall inform the other parent, or the other parent’s attorney, of the address and telephone number where the child may be reached during the period of temporary removal, and the date on which the child shall return to Illinois.

The State of Illinois retains jurisdiction when the minor child is absent from the State pursuant to this subsection.

(c) The court may not use the availability of electronic communication as a factor in support of a removal of a child by the custodial parent from Illinois.

Here are the highlights:

• It may seem obvious, but you cannot seek to remove your children from the state without gaining custody of the child first. If you are a non-custodial parent with visitation rights, you do not have the right to remove your kids from the state.
• That said, the opposite is not true. If you have sole custody of your children and your ex merely has visitation, you do not have an absolute right to take the kids with you to move out of the state.
• If you desire to permanently remove your children from the state, you first have to ask the court’s permission.
• The court can only grant you permission to take the kids with you after you show that it is in the “best interests” your children.
• You have to notify your ex before you remove the kids from the state on a temporary basis (e.g. vacation, summer camp).

Retain a lawyer and prepare for a fight.

Removal petitions are fought hard because the non-removing parent loses significant access to their children, and these petitions are heavily scrutinized by judges. If you are seeking to remove your children from McHenry County or the State of Illinois, you need to retain an attorney to have the best possible odds of succeeding.

The Third District of the Appellate Court of Illinois recently issued its final opinion in Bank of America, N.A. v. Basile, 2014 IL App (3d) 130204 (May 20, 2014). The Basile opinion is notable because the Third District issued an award of attorney fees and costs to Bank of America sua sponte (i.e. without BoA asking for them) because it believed the Basiles’ appeal and conduct before the trial court was so frivolous.

To make one thing clear, although I defend a number of residential foreclosure cases, I have never (thankfully) engaged in the bad tactics that the Basile defendants did. There are ways to defend mortgage foreclosure cases without having to violate the Illinois Rules of Professional Conduct or Supreme Court Rule 137. That said, every mortgage foreclosure defense practitioner is now in jeopardy of being hit with an award of sanctions. While the Third District is more bank-friendly than the First District (which is more bank-friendly than my home District, the Second), Basile will be cited in every appellate brief by a mortgage lender to request an award of costs and attorney fees. This will have a chilling effect on the practice of mortgage foreclosure defense in Illinois, and maybe for the better.

The one thing that I found especially interesting and that made me write this post,  is the actual monetary amount of the sanction awarded in Basile. The homeowners were hit with $6,752.50 in attorney fees and costs by the Appellate Court. See Basile, ¶ 45. The monthly fair market value of the property agreed to by the homeowners and Bank of America was $1,250.00. See Basile, ¶ 65. Thus, the sanction imposed by the Appellate Court was the equivalent of about 5.5 months of use of the property. Because of their tactics defending the case, the homeowners were able to live rent or mortgage free from 2008 until April 2013, or 65 months.

If the monetary sanction imposed by the Appellate Court was intended to deter this type of bad conduct, it was woefully inadequate. Until the financial penalty for bad-faith mortgage foreclosure defense begins to approach the value created for the homeowner of retaining the property, economically rational homeowners will commence bad-faith defense knowing full well that a penalty will ultimately be imposed.

Without commenting on whether I believe the Court reached the correct result, the Third District of the Appellate Court of Illinois issued an interesting opinion in People v. Costello, 2014 IL App (3d) 121001 (October 23, 2014). Without getting too much into the background of the case, an Order of Protection was issued against the Costello Defendant, and one of the provisions of the Order of Protection ordered the Defendant was to surrender all of his firearms to the Sheriff including certain named firearms. On the date that the Sheriff came for his weapons, the Sheriff found none.

It seems (at least from my brief reading) that the Costello Defendant’s trial strategy was taking the 5th and forcing the State to prove its case against him, leaving the finder of fact to wonder where the guns went (i.e. were the hidden, sold, transferred out of state, etc.). Well, that strategy blew up in his face. The Appellate Court found that the mere failure to turn over any firearms (whether there were any guns in the possession of the Defendant or not) established a prima facie case for a violation of the Order of Protection. It then became the burden of the Costello Defendant to plead the affirmative defense of impossibility (i.e. present evidence that it would have been impossible to commit the offense because the Defendant had no guns in his possession).

You’re innocent until you are proven guilty of a crime, right? Well, I guess this case creates an exception to that rule. Expect to see an appeal to the Illinois Supreme Court.

So, you have filed a lawsuit and you won. Now what? In this post, we provide a run-down of basic techniques for judgment collection in Illinois.

After the gavel drops and you win your case, what’s next?

You have won your case and have obtained a judgment. How do you convert that judgment into money?

Early in my career, a seasoned attorney congratulated me after winning my first big case but cautioned that “Every schmuck in this courthouse has won a million dollar judgment. Next to none of them have collected it.” I was absolutely shocked at the time, but he was right–obtaining a judgment is less than half the battle.

Before you do anything, check to see if the person that owes you money has filed bankruptcy.

You know about the automatic stay in the federal bankruptcy law, right? The prohibition of the automatic stay is crystal clear: ” the commencement or continuation . . .of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before [the debtor filed bankruptcy] or to recover a claim against the debtor that arose before the commencement of the case under this title” is illegal.

Don’t mess around with the automatic stay because bankruptcy judges have no qualms about fining and sanctioning creditors that violate the stay.  In most instances, when you have sued someone and they file bankruptcy, you will receive actual notice and an invitation to file a claim in the bankruptcy if the person you have sued has filed bankruptcy. If you have received this notice, file your Proof of Claim in the bankruptcy, and unless you believe that the debtor has defrauded you or committed some other bankruptcy offense, pray that you receive something in the bankruptcy.

If you have not received a Proof of Claim form, it is good practice to run a quick PACER search to see if the debtor has filed bankruptcy.

There are three main ways to collect a judgment in Illinois against individual debtors.

Section 2-1402 of the Code of Civil Procedure provides for three main judgment collection mechanisms:

• The “Citation to Discover Assets.” The Citation to Discover Assets is a legal proceeding by which you can compel the judgment debtor to come into court and testify under oath regarding his assets and liabilities. If there is property available to collect, you can ask the court for a turnover order or to conduct a judicial sale of the property.
• The “Non-Wage Garnishment.” The Non-Wage Garnishment is a useful tool if you know of a third-party that is holding the money or property of the debtor. Most commonly, it will be a bank or landlord that is holding cash for the debtor. Sometimes, however, you become aware that the debtor has transferred assets to a friend/relative/significant other to avoid collect. This tool is useful to compel the third-party to testify under oath regarding the property.
• The “Wage Garnishment.” Just about everyone is familiar with the concept of wage garnishment. A Wage Garnishment is a summons issued to the debtor’s employer commanding the employer to withhold a certain amount of wages and remit them to the court or the person who obtained the judgment.

There are other ways to collect judgments, and they are limited only by your creativity.

If the person has equity in their house, you can place a lien on their house and file a foreclosure suit. If the person owns a small-business, in some circumstances you can obtain a “Charging Order” against the small business that will entitle you to intercept any money that the debtor would try to pay himself from the business. You can go after the person’s state and local income tax returns.

The sky is essentially the limit for debt collection. If you know that the person has something of value, there is likely a way to convert that valuable property to money to satisfy your debt.

The value of a good attorney is knowing when and how to employ these techniques to maximize your recovery. Contact our attorneys today to discuss strategies for collecting your judgment.

Even the best drivers receive a traffic ticket from time to time. When should you retain an attorney to fight the ticket? In this article, I explain why you should fight most tickets and how to identify the tickets you should not fight.

See this in your rear-view mirror? Read below to understand when it’s worth it to fight your ticket.

1. If you receive a ticket in a state away from home, it will likely show up on your driving record.

All but five states participate in the Interstate Driver’s License Compact. The DLC is an agreement among those 45 states to exchange information concerning license suspensions and traffic violations of non-residents with the state in which the driver is licensed.

As of October 2014 the five states do not participate in the DLC are Georgia, Massachusetts, Michigan, and (most importantly for McHenry County, Illinois residents) Wisconsin. Those five states will not report the minor traffic infractions you receive in their state to the state that issued your license, and therefore, will not have a negative impact on your license.

If you receive a traffic ticket in any of the other 45 states, the offense will be reported to the state that issued your license, and admitting guilt will result in a negative mark on your license.

2. You have a Commercial Driver’s License (CDL).

If you are a professional driver, you likely know the CDL laws better than I do. But, it’s worth stating that every commercial driver has a DAC report which shows your drug/alcohol testing results, criminal record, motor vehicle record, social security number verification, credit reports, workers’ compensation history, and personal injury reports, among other information.

A bad DAC report will jeopardize your ability obtain employment if you’re currently idle and to move to a better employer if the opportunity presents itself. Guard your DAC report carefully because it literally represents your ability to make a living.

If you have a CDL, contest every ticket.

3. You are under the age of 21.

In Illinois, until you hit the age of 21, if you have two (2) moving violations in any 24 month period, your license will be suspended. If you are under the age of 21, contest every ticket every time. Having one moving violation conviction on your record is playing with fire, and you only need one additional inattentive moment before your license is suspended.

4. You are at risk of a license suspension.

If you carry an Illinois driver’s license and if you are an adult, your license will be suspended if you have three (3) moving violations in any 12 month period. A common refrain among Illinois drivers is that “we do not have driver’s license points in Illinois.” While this true in determining whether your license will be suspended, points are important in determining the length of time your license will be suspended when the suspension kicks in.

If you have a lot of points on your license for serious moving violations, your suspension can be for a long time. Section 1040.30 of the Illinois Administrative Code sets forth the length of your 3-and-out suspension:

•  0 – 14 points: No Action
• 15-44 points: 2-month suspension
• 45-74 points: 3-month suspension
• 75-89 points: 6-month suspension
• 90-99 points: 9-month suspension
• 100-109 points: 12-month suspension
• 110+: Revocation.

Don’t get caught trying to figure out how many points you have. Start contesting your tickets from the first one.

When shouldn’t you contest your ticket?

While every case is unique, generally, you should not contest your ticket if:

• It is not a moving violation. Most moving violations in Illinois are codified in Chapter 11 of the Illinois Vehicle Code. If your offense isn’t listed in there, it is probably not a moving violation and pleading guilty will have no effect on your license.
• Your ticket is a “No appearance required” ticket and you have the option to obtain Court Supervision with or without Traffic Safety School.

If you have any questions about whether to contest your ticket, you should give me a call. I will be honest with you and let you know whether you should fight your ticket.

Many McHenry County properties are over assessed. Tax relief available for those who qualify.

The deadline to appeal is quickly approaching.

Property tax assessments have been published for properties located in Nunda Township and Algonquin Township. Grafton Township will be publishing soon. If you live in one of these townships and are interested in appealing your property tax assessment, you must act quickly. We are currently facing two deadlines:

• Nunda Township property tax appeals must be filed by Monday, October 6, 2014. 
• Algonquin Township property tax appeals must be filed by Friday, October 24, 2014. 

The deadline to file property tax appeals for Grafton Township is currently anticipated to be mid to late November.

You can experience real savings over the next four years by appealing.

If you live in the greater Crystal Lake area, you can expect to pay about 3.5% per year of your home’s fair market value in property taxes each year. Let’s suppose you have a house that is assessed at $300,000 but that actually is only worth $270,000. Here is how much money you can save:

Current tax bill: $300,000 x 3.5% = $10,500 in taxes per year

Tax bill after appeal: $270,000 x 3.5% = $9,450 in taxes per year

Yearly savings of $1,050. 

Choose an experienced property tax appeal lawyer.

We have appealed dozes of property tax bills for homeowners each year for the past several years. We are respected by the Board of Review at the county and know how to negotiate favorable settlements with the township assessors.

We offer the best deal in town.

We charge a flat fee of $300 per appeal for most appeals, which includes preparation of the appeal packet, selection of comparable properties, and attendance at hearing of your tax appeal to argue on your behalf.

Call today. You do not have much time.

We offer a risk-free free initial consultation to discuss your property tax situation. If you have been thinking about appealing your taxes, now is the time because property values are on the rise–lock in your low assessment this year!

McHenry County eviction court is scary for both tenants and landlords. Tenants have uncertainty about if and when they will lose their housing. Landlords experience uncertainty regarding when they will be paid next and how long it will take the rental unit to become rent-able again. This post explains how important it is to try to settle your eviction case and why it is important to select an attorney willing to help facilitate settlement.

Work things out if you can before heading to or being dragged into McHenry County eviction court.

This advice applies equally for landlords and tenants: If your dispute over possession of a rental unit or back rent has to go to court, you have already lost. Let that sink in for a second. There are no winners in the McHenry County eviction court. There are only losers in that courtroom.

Landlords have lost because they lose precious time to get the rental unit back on the marke,t and they more often than not lose the money they have to pay their attorney (Sure, your lease has a provision that the tenants have to pay you for your costs of collection, but what makes you think that people who cannot pay their rent can pay your judgment for attorney fees?).

Tenants lose even worse. You are faced with an uncertain timeline for moving out. If you cannot find a place to go before the eviction order is executed, you and your belongings will be escorted to the curb and left there by a Sheriff’s deputy. Good luck finding another rental unit with an eviction on your record.

This is why it is so important for both tenants and landlords to settle the matter before taking it to McHenry County eviction court.

We help facilitate settlement.

The first thing our experienced eviction attorneys do before filing an eviction lawsuit or attempting to defend an eviction lawsuit is to try to work things out with the other side. Out of court settlement provides the best possible results for our clients. Landlords are better off by settling (even if it means that they give up some of the back rent, which they will likely not see anyhow) because voluntarily vacating tenants leave the premises in better condition, minimizing repair bills and repair time. Tenants are better off because it can potentially avoid an expensive money judgment and all of the bad consequences that go with money judgments (wage garnishment, bank account freezes, being dragged into court to disclose your assets and liabilities).

Many eviction lawsuits cannot be resolved and require court intervention.

Lady Justice is blind, especially in McHenry County eviction court. Follow the rules, and you can evict your tenant. Don’t follow the rules, and you will be bounced out of court.

Some tenants are unwilling or, more often than not, unable to accept even the most reasonable settlement offers by landlords. On the flip side of that coin, some landlords want to run the tenant through the ringer. Eviction lawsuits are a fact of life in McHenry County. In 2013, 993 “Law-Medium” cases were filed in McHenry County court, of which probably 90% were eviction cases.

If you have to go to McHenry County eviction court, pick an aggressive attorney.

I personally enjoy litigating in the McHenry County eviction court. The trials are fast paced and require that your attorney think quickly on his feet. If you need to retain an attorney for your McHenry County eviction case, give me a call to talk about what I can do for you. I offer all of my eviction clients a complimentary, no charge, initial consultation to discuss their eviction case.