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Wednesday • January 2nd • 2013
Tougher Penalties for Abuse of the Disability Parking Program The law proposed by Illinois Secretary of State Jesse White to crack down on fraud and abuse of the state’s disability parking program takes effect January 1st. The new law includes toughening the penalties for those who abuse a deceased person’s placard or disability license plate.
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“The message we are sending is simple: if you don’t belong there, don’t park there,” said White. “These stronger penalties will hopefully make people think twice before they deprive a person with a disability from using a disability parking spot.” White first initiated the legislation at a public hearing at the
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first meeting of his Advisory Committee on Traffic Safety – a committee to make Illinois roads safer, reduce traffic fatalities and to consider increased penalties for those who blatantly disregard traffic laws. Public Act 97-844, which was sponsored by State Representative John D’Amico (D-Chicago) and Senator Martin Sandoval (D-Cicero), toughens penalties for those who abuse parking privileges designed to assist persons with disabilities. Public Act 97-844 strengthens the penalty for using a placard and/or disability license plates in which the person is now deceased, which under the previous law fell under the category of general misuse of a placard or plate. The law creates a new offense for this egregious act, making it a Class A Misdemeanor, which carries a minimum one-year driver’s license revocation and a $2,500 fine. In addition, the license suspension periods for general misuse of a disability license plate or placard increases from 30 days to a six-month suspension for a first offense; from six months to a one-year suspension for a second offense as well as increasing the fine from $750 to $1,000, and from a oneyear suspension to a minimum one-year revocation for a third offense. A license revocation requires the offender to meet with a Secretary of State Administrative Hearing officer at the end of their revocation period before driving privileges may be restored. “My goal is to eliminate fraud and misuse, and to ensure that disability parking spots are available for those truly in need,” said White.
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Question: If I hang an item, such as a strand of beads or an air freshener from my car’s rearview mirror, could I be stopped by the police? Answer: A police officer can, by law, make a traffic stop if he or she has a reasonable suspicion that an object suspended from or placed under the rearview mirror obstructs the driver’s view. Further, an object that constitutes a “material obstruction” can indeed be considered a violation of the vehicle code and, in some cases, a violation of the criminal code. What constitutes an “obstruction” is not always clear but depends on the testimony and evidence presented at a court hearing. Question: I have created a will and, at the advice of my attorney, will participate in a will execution ceremony. Why is this ceremony necessary? Answer: The ceremony, while emotional for some people, is important because it memorializes your desires regarding the distribution of property upon your death. “Will ceremonies,” where you sign the will before witnesses, is a demonstration that you were not acting in a casual or haphazard manner, and that you had a fixed purpose in mind when making the will.
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Question: My wife and I are considering artificial insemination. Would the donor have any rights and responsibilities to our child? Answer: The Illinois Parentage Act, enacted more than 20 years ago, states that the donor does not have any rights or duties to a child born as a result of artificial insemination. A primary purpose of the act was to provide a legal method for a husband and wife to obtain donor sperm for use in artificial insemination and to ensure that a child is considered the legitimate child of the couple requesting the technique. Written consent by all parties is mandatory.
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For more information about Illinois law, visit www. illinoislawyerfinder.com. If you have a legal question, send it to illinoislawcolumn@isba.org.
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