Posted on February 17,2020 in DUI

Driving while under the influence of drugs or alcohol (DUI) is a serious criminal offense that not only puts yourself in danger but risks the lives of others as well. This is why law enforcement puts so much effort into reducing the number of drivers who commit DUI. One of the techniques police officers have found that is effective in catching DUI offenders is by using sobriety checkpoints. Although the constitutionality of sobriety checkpoints has been debated, they have repeatedly been deemed legal and not in violation of the Fourth Amendment by the U.S. Supreme Court. If you are facing DUI charges as a result of being stopped at a sobriety checkpoint, it is crucial that you understand your rights.

How DUI Checkpoints Work

Law enforcement personnel are permitted to conduct sobriety checkpoints at any time or place of their choosing, but there are a few rules that they must follow in order for a checkpoint to be legal. If police plan to establish a checkpoint, they are required to inform the public of the time and place of the checkpoint. They are not allowed to conduct a checkpoint at a location where it would cause a traffic jam or put drivers in danger. They must also use signs or lights to signal to motorists that they are entering a DUI checkpoint. In addition, all police officers and vehicles must be clearly marked.

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 Posted on February 11,2020 in Traffic Violations

There are many different types of traffic tickets that a driver can receive in the state of Illinois. Some traffic citations are considered “fix it” tickets, or correctable offenses, such as a broken headlight. Other traffic offenses are more serious and can result in criminal charges, costly fines, and in some cases, jail time. Some people may think that just paying the fine for the ticket will make it go away, but every time you pay a traffic ticket, you are basically pleading guilty to that offense. Because certain consequences can come from pleading guilty to traffic citations, it could be more beneficial for you to fight your traffic ticket. If you have been cited for any type of traffic offense in Illinois, a traffic violations defense attorney can help you clear your record.

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 Posted on February 04,2020 in DUI

As of January 1, 2020, Illinois became the 11th state to legalize the recreational use of marijuana in the United States. Even though residents and visitors who are 21 or older can legally purchase and consume cannabis, there are certain restrictions on the amount that can be bought and where it can be ingested. The increased presence of marijuana in the state has had some people wondering whether or not they can be charged with driving under the influence (DUI) if they are caught driving a vehicle while under the influence of cannabis. The short answer is yes.

Marijuana DUI Laws in Illinois

Under Illinois law, you can be charged with DUI if you operate a motor vehicle while under the influence of alcohol, intoxicating compounds, methamphetamines, or “other drugs, including cannabis prescribed for medical purposes.” You are likely aware of the legal blood alcohol content (BAC) limit of .08, but there is also such a limit for tetrahydrocannabinol (THC) in your blood when you are driving a vehicle. In Illinois, a person is considered intoxicated if they are measured as having 5 nanograms or more of THC per milliliter of blood or 10 nanograms or more per milliliter of another bodily substance.

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 Posted on January 31,2020 in Criminal Law

There are multiple crimes that can fall under the category of property crime. According to the Federal Bureau of Investigation (FBI), property crimes include burglary, theft, motor vehicle theft, and arson. The latest statistics from the FBI estimate that there were nearly 7.2 million property crimes committed in the United States in 2017. In Illinois, property is defined as “anything of value,” meaning property crimes also include offenses that involve deception, fraud, plus damage and trespass to real property. Although it may seem like property crimes are not as serious as other criminal acts, they can carry significant consequences.

Burglary

If a person has knowingly or without authority entered a building, home, dwelling, motor vehicle, or aircraft with the intent to commit a felony or theft, then that person has committed burglary. There are a variety of actions that could encompass burglary, but most commonly, burglary charges stem from a person taking or attempting to take property from inside a structure. Burglary is almost always a felony charge. If you do not cause damage to property, you will be charged with a Class 3 felony, facing a possible sentence of two to five years in prison. Likewise, if damage is caused to property, charges are increased to a Class 2 felony, which carries a sentence of three to seven years in jail.

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 Posted on January 22,2020 in Driver's License Reinstatement

In the state of Illinois, more than 50,000 drivers’ licenses are suspended each year because of a driver’s inability to pay various fines. A bill was recently signed into law to discontinue the practice of suspending or canceling the drivers’ licenses of Illinois motorists who cannot afford to pay tickets, fines, or fees. The bill, dubbed the “License to Work Act,” also allows for the reinstatement of more than 55,000 driver’s licenses, many of which were suspended for non-moving violations, which are traffic offenses that involve a stationary vehicle.

Previous Reasons for License Suspension

Before the act was signed into law, as an Illinois driver, you could have your license suspended for various reasons that had nothing to do with driving. The new law eliminates the potential to have your driver’s license suspended for non-moving traffic violations, which occur when you are not operating a vehicle. Examples of the types of violations that previously could have resulted in a driver’s license suspension include:

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 Posted on January 15,2020 in DUI

When you are pulled over because a police officer suspects that you are driving under the influence (DUI), you will probably be asked to take a breathalyzer test to determine your blood alcohol content (BAC). In Illinois, you are legally considered to be driving under the influence of alcohol if your BAC is 0.08 percent or above. What you may not know, however, is that you can still actually be arrested and charged with DUI even if your BAC is below the legal limit. The best way to avoid a DUI arrest and conviction is to understand your rights as a citizen of Illinois and avoid putting yourself into risky situations. If you have been arrested for DUI, a skilled criminal defense lawyer can be an invaluable asset.

Alcohol Use Under the Legal Limit

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 Posted on January 07,2020 in Drug Crimes

Last May, the state of Illinois became the 11th state to legalize the recreational use of marijuana. The new law went into effect on January 1, 2020. According to dispensaries across the state, there has been more than $5.5 million worth of recreational marijuana sold since it has been legal. Even though recreational cannabis has been legalized in Illinois, there are still certain laws that apply to marijuana usage. If these laws are broken -- even unintentionally -- you could face legal consequences. Here are a few things you should keep in mind about recreational marijuana usage in Illinois:

1. You Can Only Possess Certain Amounts of Pot at Any Given Time

As long as you are over the age of 21, you can legally purchase and possess certain amounts of marijuana and cannabis-infused products. At any given time, you can legally possess up to one ounce or up to 30 grams of dry marijuana flower, up to 500mg of THC contained in edibles or other cannabis-infused products, and up to five grams of cannabis concentrate. Visitors to Illinois are permitted to possess half of those amounts.

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 Posted on December 31,2019 in Criminal Law

When it comes to children in Illinois, the state does the best job it can to protect the innocence and well-being of its young citizens. In civil matters involving children, the child’s best interests are always at the top of the list of concerns. Illinois lawmakers, police officers, and other criminal justice personnel view crimes against children as extremely serious matters. One of the most commonly charged crimes against children is child endangerment, which encompasses a variety of behaviors. These charges can mean serious consequences for perpetrators, which is why it is important to understand these offenses and their penalties.

What Is Child Endangerment?

According to the Illinois Criminal Code, child endangerment occurs when a person knowingly causes or allows the life or health of a child under the age of 18 to be endangered or causes or allows the child to be placed in circumstances that endanger the life and health of the child. The statute concerning child endangerment is rather vague, which allows prosecutors and judges to consider a wide variety of behaviors to be prosecuted as child endangerment. Common examples of situations in which child endangerment charges may arise can include:

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 Posted on December 27,2019 in Criminal Law

With only days left in this year and decade, the new year is upon us. As usually happens on the first of the year, there are a number of changes to the law that will go into effect in 2020. In fact, the state of Illinois has more than 250 new laws that are set to begin. From regulations for vaccinating pet cats to gender-neutral restrooms and changes to criminal laws, there are a wide variety of topics covered. While some laws only make minor adjustments, others carry some of the biggest changes that the state of Illinois has seen in years. Here are a few of the new laws that will be going into effect in 2020:

Recreational Marijuana Will Be Legal

For decades, marijuana was illegal throughout the country, and possession was punished harshly. January 1, 2020 marks the first day that it will be legal to purchase and consume recreational marijuana in the state of Illinois. Adults who are over the age of 21 will be permitted to purchase a variety of cannabis products, such as dry flower, edibles, tinctures, and creams. Minors under the age of 21 may still be penalized for purchasing or using recreational marijuana, and those who attempt to sell cannabis without a valid license may also face drug charges.

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 Posted on December 11,2019 in DUI

As most Illinoisans know, driving under the influence of drugs or alcohol (DUI) laws in the state are strict. You can be convicted of a DUI in Illinois if you are driving a vehicle with a blood alcohol content (BAC) of more than 0.08 percent or if other evidence points to you being impaired while driving. Even a first-time conviction for DUI in Illinois can result in fines between $75 and $2,500, up to one year in jail, and a one-year driver’s license suspension. Those penalties can change, however, depending on the circumstances of your case. In Illinois, any DUI offense that results in felony charges is classified as an aggravated DUI. One of the most serious aggravated DUI charges is called reckless homicide.

What Is Reckless Homicide?

In Illinois, reckless homicide occurs when a person using a motor vehicle unintentionally kills another person because of actions that were likely to cause death or bodily harm to another person. Under normal circumstances, actions that could be considered reckless include those such as speeding or causing the vehicle to become airborne. If a driver is intoxicated, and he or she caused the death of another person while driving, the fact that the motorist was under the influence in itself constitutes reckless driving.

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