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Two arrested for drunk driving after Stevenson Expressway crash
Two drivers were arrested for misdemeanor drunk driving this weekend after a serious car accident on Chicago's Southwest Side. Authorities say that two alleged drunk drivers crashed into eachother on the Stevenson Expressway, near Damen Avenue.
The crash happened shortly after midnight when a driver of a Mercury Sable parked on the expressway. A driver of a Scion TC tried to avoid the parked vehicle but was unable to.
NBC Chicago reports that a passenger in the Scion was injured and taken to John H. Stroger Hospital. A police spokesman told reporters that drugs and alcohol were factors in this crash and that both drivers were charged with misdemeanor DUI.
Drunk driving crashes such as this one are common in Chicago. There are multiple ways that a driver can defend themselves against misdemeanor drunk driving charges including demonstrating that police officers improperly administered a breath test or that the breath test equipment was faulty.
Chicago man convicted of drunk driving after fatal crash
A Chicago man faces up to 12 years in jail after causing a fatal drunk driving car accident. Authorities say that the man's blood-alcohol level was more than twice the legal limit when he hit a parked Illinois State Police car early last year. The accident killed a stranded 42-year-old motorist who was sitting in the back seat of the car and seriously injured a trooper.
The Chicago Sun-Times reports that the man pleaded guilty to felony DUI charges arising out of the crash.
"I'm happy he's taking responsibility," the deceased motorist's sister said. "I hope it's for the right reason - because he feels remorse."
In Illinois, any DUI that results in great bodily harm, permanent disability or disfigurement is a class 4 felony that carries significant prison time. There are a variety of things that can be done to challenge a DUI including determining whether a breath test and adequately administered by a qualified individual.
Besides evidentiary issues, there are many cases in which prison time can be avoided when an individual pleads guilty to lesser charges. It is important to discuss your options with a qualified Illinois DUI lawyer before making any decisions regarding your particular case.
Court affirms Illinois man's domestic battery conviction
An Illinois court recently affirmed the domestic violence conviction of a man arising out of an incident with his girlfriend. The man and the woman had been dating on-and-off for about seven years by the time of the March 2011 incident.
According to court documents, the man and his friend were standing outside of the woman's house when she allegedly yelled out of a window that she had slept with the mailman. The man allegedly responded by going inside, grabbing the woman by the neck, and pinning her down on her bed for a few minutes.
The incident did not leave any bruises on the woman, and she waited more than five days to report the incident.
A week after the incident the woman called the district attorney's office and asked for the charges to be dropped. She specifically said that the incident was not as serious as she first reported and that her boyfriend had not touched her. By this time it was too late and the district attorney said she could not drop the charges.
Joseph Academy principal arrested for drunk driving
In our last post we discussed drunk driving charges being brought against a 24-year-old man who crashed his car near Naperville. Another man was arrested for speeding while intoxicated this weekend, and authorities say that this is not the man's first drunk driving conviction.
The Chicago Tribune reports that the principal of Joseph Academy has been arrested for driving while intoxicated. Authorities say that the 36-year-old Itasca man had a blood alcohol level that was twice the legal limit when he was stopped by authorities in Harwood Heights. Cook County court documents indicate that the man was stopped around 1 a.m. early yesterday morning.
The principal of the south suburban private school was held in lieu of $25,000 bail on charges of aggravated DUI felony, speeding and improper lane usage, among other things.
The Chicago Tribune is reporting that the man has two prior drunk driving charges, but both of these are over two years old.
Lisle man faces drunk driving charges after Naperville car accident
A 24-year-old Lisle man is facing two drunk driving charges after causing a serious car accident in Naperville. Authorities say that the man was intoxicated and driving over 100 mph when he crashed into two parked cars and a lamp post earlier this week.
In addition to his drunk driving charges, the man was also cited for improper lane use, reckless driving and speeding more than 40 mph over the posted speed limit according to the Chicago-Sun Times.
CBS Chicago reports that the crash happened at a strip mall at the intersection of Chicago Avenue and Naper Boulevard at the border of Lisle and Naperville.
Authorities say that the man was traveling alone at the time of the accident and not seriously injured. No one else was hurt in this particular crash and CBS Chicago was unable to find any prior criminal history for the man.
Speeding and DUI charges are highly common in the Chicago area. There are multiple ways that a defendant can overcome drunk driving charges including proving that breath test equipment was fault and demonstrating that the person who administered the breath test was not qualified to do so.
Cook County Judge finds wife's employment prospects hopeful
In our last post we discussed a divorce involving a wife who was found to have dissipated marital assets during the divorce proceedings. In her appeal, the wife also challenged the trial court's maintenance determination.
When awarding maintenance, Cook County courts look at several factors including the income and property of each party, their needs, future earning capacity, among other things. Like many stay-at-home mothers, the wife in this case had both an undergraduate and a graduate degree, but chose to stay at home and raise the couple's children because her physician husband made enough to support the entire family.
Although the wife's employment consisted of working low-paying part-time jobs, the court found that her education weighed against a larger maintenance award for her.
The court found that under Illinois law, the wife had a duty to seek and accept "appropriate" employment. The wife had a law degree and the court decided that the wife should have sought employment as a lawyer after losing custody of her children instead of pursuing another advanced degree.
Court finds that wife dissipated marital assets
Dissipation of marital assets is a serious issue that often arises in Chicago divorce cases. The dissipation of marital assets is defined as the use of marital property by one spouse for his or her own benefit for a purpose unrelated to the marriage during a time when the marriage is breaking down.
The dissipation of marital assets is often relevant in the division of a marital estate and can be used to lower a spouse's property award. What constitutes a dissipation of marital funds depends on the facts of a particular divorce case.
One recent case involves the dissipation of funds during divorce proceedings. The dissipation occurred in association with false accusations made during the divorce.
False accusations are common in acrimonious divorce cases. One recent Cook County divorce case involved a wife who was married to a doctor who she accused of sexually abusing her children. The abuse allegations were taken seriously by a court which ordered all of the doctor's visits to his children be supervised.
Standard of reasonableness: Illinois wife loses alimony appeal
Last month we covered a high asset divorce case involving a wife who was awarded 20 percent of her husband's bonuses between $50,001 and $100,000. The wife recently appealed her case calling the court's division of her husband's assets an "abuse of discretion."
In a decision that became final today, an appeals court found that the trial court did not abuse its discretion in not awarding the wife any of her husband's bonuses above $100,000.
Divorce courts in Illinois have broad discretion in dividing property and allocating maintenance awards. Appeals courts generally do not overturn maintenance awards absent a clear abuse of discretion, which is defined as an "arbitrary, fanciful or unreasonable" ruling. This is a high burden for an appellant to meet, especially because unreasonableness is defined as a decision that is so outside of the norm that "no reasonable person could find as the trial court did."
Rupert Murdoch files for divorce
Newspaper Tycoon Rupert Murdoch has filed divorce from his third wife, Wendi Deng. Murdoch and Deng have been married for 14 years and she recently made headlines for physically defending her husband from would-be pie thrower.
The incident happened when the 82-year-old media mogul was testifying before Parliament in London regarding the phone-hacking activities of some of his reporters. During the testimony a comedian ran at Murdoch with a shaving-foam pie but Deng, who was sitting behind Murdoch, quickly leapt up and smashed the comedian's hand.
"Mr. Murdoch, your wife has a pretty good left hook," said parliamentarian Tom Watson, who had been grilling the businessman just minutes earlier.
Chinese-born Deng has a masters degree from Yale and met Murdoch while working for one of his Hong Kong-based TV companies. She served as Murdoch's interpreter as he toured the Chinese mainland and he quickly launched a feverish courtship.
Deng gave birth to two children during the marriage and it is unclear how much of Murdoch's $11.2 billion fortune they stand to receive in this split. It is also unclear whether the couple signed a prenuptial agreement, but many experts say that is inconceivable that they wouldn't have one given Murdoch's extreme wealth and prior divorces.
Rock Island County Court invalidates alimony waiver in prenup agreement
A Rock County court recently upheld a prenuptial agreement in a high net worth divorce case.
The wife filed for divorce in September of 2009 and the husband found the prenuptial agreement nearly a year and a half later. The husband sought to enforce the prenuptial agreement and a trial court found that it was valid and enforceable with the exception of the maintenance waiver provision. The court then awarded the wife permanent maintenance of $6,515 per month.
In finding the maintenance waiver unenforceable, the court cited the fact that the couple had been married for over 30 years, during which time the husband established and maintained control over the wife's business, personal and retirement finances.
The court was unsympathetic to the wife's arguments that she would be unable to maintain her country club membership at her level of alimony, characterizing her former standard of living as "extravagant." The court did note however that the wife was drawing a significantly lower level of Social Security payments because of a plan contrived by the husband and his accountant to divert her social security contributions back to the family business.
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