Aldrich & Siedlarz Law, P.C.

Can You Dispute the Results of a BAC Test in Illinois?

Posted on July 13, 2021

Lombard IL DUI defense attorney Driving under the influence may result in significant penalties in Illinois, including driver’s license suspension, mandatory alcohol education classes, and in some cases, even jail time. DUI penalties are especially severe if there are certain aggravating circumstances present or it is not the defendant’s first DUI. If you or a loved one was arrested and charged with drunk driving based on the results of a chemical blood alcohol content (BAC) test, you may wonder if these test results may be disputed.

Contesting the Result of a Breath Alcohol Test

In Illinois, a driver is intoxicated “per se,” or automatically considered to be intoxicated, if his or her blood alcohol content is 0.08 percent or greater. Most police officers carry a portable breath test often referred to as a breathalyzer. These preliminary tests are typically used to establish probable cause for the DUI arrest. However, the results of a preliminary roadside BAC test alone are not enough to secure a conviction. Usually, after someone is arrested for DUI, they are issued a secondary test at the police station. These evidentiary tests are considered to be more reliable than the roadside test. However, several issues can cause a BAC test to be inaccurate, including:

Posted in DUI | Tagged BAC level DUI defense DUI testing DuPage County DUI attorney Lombard criminal defense attorney

What Happens if Parents Disagree on Child Custody in an Illinois Divorce?

Posted on July 07, 2021

Lombard IL family law attorney If you are a parent, your children are probably a top priority in your divorce. You may be well aware of the profound impact divorce often has on children and want to ensure that you do whatever you can to minimize your kids’ suffering. You may hold strong opinions about the child custody arrangements that are best for your kids after a divorce. What happens if these opinions differ from the other parent’s opinions? How are child custody disputes handled in Illinois?

Child Custody Laws in Illinois

In Illinois, child custody is now referred to as “parental responsibilities” and “parenting time.” Parental responsibilities primarily include the parents’ authority to make major child-related decisions. Parents may decide that one parent is in charge of the child’s education, extracurriculars, religious training, and other important matters, or the parents may share decision-making responsibility. Parenting time, which used to be called “visitation,” is the time that a child spends in the care of each parent. Parents are asked to complete a parenting plan that describes how parental responsibilities, parenting time, and other important matters will be handled. The parenting plan is submitted to the court for approval. However, some parents cannot reach an agreement on child custody concerns on their own.

Posted in Child Custody | Tagged allocation of parental responsibilities child custody child custody issues DuPage County divorce lawyer Lombard family law attorney

What Are the Penalties for DUI With a Passenger Under the Age of 16 in Illinois?

Posted on June 25, 2021

Lombard DUI with minor lawyer In the state of Illinois, a DUI conviction can lead to serious consequences, including jail time, loss of driving privileges, fines, and additional penalties. In situations that involve a minor child, however, the penalties can be even more severe. If you or a loved one has been charged with a DUI that includes a minor child, it is imperative to discuss your case with a skilled DUI defense attorney. At Aldrich & Siedlarz Law, P.C., we understand the gravity of situations such as this and we are prepared to defend your legal rights both in and out of court.

Potential DUI Penalties With a Passenger Under 16 Years Old

Driving under the influence of alcohol or other drugs in Illinois is a Class A misdemeanor. For a first-time conviction, the penalties that may result include jail time for up to one year, a maximum of $2,500 in fines, and the suspension of your driver’s license for at least one year. According to 625 ILCS 5/11-501, if the motorist was transporting a passenger under the age of 16 at the time of the violation, the motorist is subject to 6 months of imprisonment, an additional mandatory minimum fine of $1,000, and 25 days of community service in a program that benefits children.

Posted in DUI | Tagged criminal conviction drunk driving DUI arrest dupage county criminal defense lombard traffic violation attorneys

What are the Designations of Spousal Maintenance in Illinois?

Posted on June 17, 2021

Lombard attorney spousal maintenance Spousal maintenance (also referred to as spousal support or alimony) is a payment made from one ex-spouse to another during or after the finalization of a divorce, dissolution of a civil union, or legal separation. When determining if an individual is entitled to financial assistance, a court will consider many different factors and circumstances, including each spouse’s income and property, the needs of each party, any involved impairments, and the length of the marriage. If you are seeking monetary payments from an ex-spouse, or if you are looking to contest a spousal support request, it is highly recommended to discuss your specific situation with a skilled alimony attorney.

Types of Spousal Support

In the state of Illinois, there are four primary designations of spousal maintenance that are available:

Posted in Alimony | Tagged alimony Lombard divorce attorney spousal maintenance spousal support spousal support modification

Can a Store Merchant Detain me for Suspected Retail Theft in Illinois?

Posted on June 10, 2021

Criminal Defense attorney DuPage County In the state of Illinois, retail theft is committed when an individual knowingly takes an item from a retail establishment without proper payment or authorization. While there are many different types of retail theft, shoplifting is arguably the most common. In any scenario involving retail theft, the evidence surrounding the case could be your best defense. If you have been detained by a store employee who has accused you of retail theft, it is imperative to seek the guidance of an experienced criminal defense attorney.

Merchant Detention

According to section 720 ILCS 5/16-26, any merchant with a reasonable belief that an individual has committed retail theft may apprehend the suspected person. The detention may take place on or off the property of the retail establishment and must be in a reasonable manner and length of time. It is important to note that detention may only take place off of the retail establishment if there is an immediate pursuit of the suspected individual. A merchant may detain a suspected shoplifter for the following reasons: