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Recent Blog Posts
Understanding Ignition Interlock Devices in Illinois
A DUI conviction can be devastating - your freedom and your reputation can be at stake. Being convicted for DUI can mean serious consequences including the possibility of jail time and steep fines. When you fail a chemical test to determine your BAC during a traffic stop, you will automatically be subject to a statutory summary suspension, which is the Secretary of State’s administrative action of suspending your license. During the suspension period, you can apply for a monitoring device driving permit (MDDP) if it is your first offense, or a restricted driving permit (RDP) if it is your second or third offense.
What Is a Breath Alcohol Ignition Interlock Device?
If you are convicted of a DUI and wish to still have driving privileges, you are required to have a breath alcohol ignition interlock device (BAIID) installed in your vehicle. A BAIID is a device that is installed in the ignition of an offender’s vehicle and measures the driver’s blood-alcohol content using their breath. The BAIID will not allow the vehicle to start if the driver’s BAC is determined to be over .025. The driver must blow into the device to start the vehicle and periodically blow into the device throughout their trip to prevent drinking after the vehicle has been started.
Types of Field Sobriety Tests Used in Illinois
In recent years, police have begun cracking down on drinking and driving, taking it more seriously than ever before. Because of the direct correlation between fatal accidents and alcohol involvement, police have modified and refined their methods for determining whether or not a person is under the influence of alcohol when they are pulled over. Often, police already have a suspicion when they pull a driver over that they are under the influence of alcohol and will then conduct field sobriety tests to gain enough cause to proceed with DUI charges. Field sobriety tests can be beneficial when used in a pinch, but their validity has been debated for years.
Initial DUI Detections by Police
When a police officer first pulls you over with the suspicion that you have been drinking, he or she will be looking for various signs of intoxication. These signs can be gathered by the senses during face-to-face contact before the officer even asks you to step out of your vehicle. Signs the officer might be looking for include:
New Bill to Crack Down on Synthetic Marijuana in Illinois
A new bill that was signed by Illinois Governor Bruce Rauner will amend the Illinois Controlled Substance Act to include more synthetic forms of marijuana, also known as synthetic cannabinoids. Senate Bill 2341, which was sponsored by Senator Jacqueline Collins, was created to hopefully severely limit the availability of these kinds of drugs, many of which have unknown side effects and some of which are known to be deadly. Manufacturers and those in possession of synthetic cannabinoids will be affected by this bill.
Bill Closes a Loophole in Law
Prior to this bill, there were many synthetic cannabinoids that were already illegal, but manufacturers could easily get around the law by making an insignificant change in the drug’s chemical structures. By making small changes, manufacturers could still sell the synthetic cannabinoid substances and avoid criminal charges because the new chemical structure was not illegal yet. The revised Controlled Substance Act provides that all synthetic cannabinoids are now illegal if they are not approved by the U.S. Food and Drug Administration, or if they are misused.
When Sex Offender Registration Is Required in Illinois
One of the most damaging crimes a person can be charged with is a sex crime. Because of their violent nature, sex crimes are taken very seriously, as are their allegations. In some instances, you can be forced to register as a sex offender in Illinois for the rest of your life. The sex offender registry is a state-wide system that contains information about sex offenders, such as where they live if they are compliant with registration requirements, their convictions, and photos of them.
Offenses Requiring Sex Offender Registration
According to the Illinois Sex Offender Registration Act, registration is required when a person is convicted or adjudicated for crimes such as:
- Indecent solicitation of a child;
- Sexual exploitation of a child;
- Charges involving juvenile prostitution or juvenile pimping;
Expungement: How to Clear Your Criminal Record in Illinois
You do not have to be convicted of a crime to have a criminal record - if you have been arrested or charged with a crime, you have a criminal record. Criminal records are public, meaning that anybody can see them, including friends, family, and employers. If you meet certain criteria, you can have your record expunged or sealed, meaning your slate could potentially be cleansed.
Expungement vs. Sealing
Though the processes to get your records expunged or sealed are very similar, they are not the same. Expungement is when your criminal record is either destroyed or returned to you, almost as if the events in the record never happened. The public nor police or the government can see anything on your record. Sealing is the process of hiding your record from the public but does not erase your record completely.
Illinois Students Can Now Use Medical Marijuana in Schools
For years, people have been fighting for medical marijuana to be legal. Many people say there are numerous health benefits to using marijuana as a therapeutic way to cope with certain diseases and disorders. In fact, it is not uncommon for people to be medical marijuana patients anymore - it has been reported that there are over two million legal medical marijuana patients in the 29 states and the District of Columbia that have begun to make medical marijuana usage legal.
Prior to Illinois House Bill 4870, also known as Ashley’s Law, children who were using cannabis as a medical treatment could not use their medical marijuana medication while they were at school. The bill, which the Illinois governor signed into effect last week, allows parents to give a “cannabis-infused product” to their children while they are on school grounds or on a school bus. Cannabis-infused products can be foods, oils, patches, ointments or other cannabis products that are not smoked. The bill also prohibits schools from taking disciplinary action against students who use cannabis-infused products for medical reasons.
Illinois Driver’s License Revocations vs. Suspensions
Driving is a privilege - not a right. There is nothing in any law or constitution that says you must have the right to drive. Being able to legally drive is a privilege that can be easily taken away if you have violated certain rules or regulations. Two of the ways your driving privileges can be taken away in Illinois is through a driver’s license revocation or suspension. Both are very similar but differ in the length of time your privileges are gone.
Driver’s License Revocations
In certain situations, your driving privileges can be revoked, meaning they are withdrawn for an indefinite amount of time. The Illinois Secretary of State will revoke your driving privileges if you are a repeat traffic offender or if you were convicted of causing a crash that resulted in the death of another person. Other situations that could lead to a driver’s license revocation include:
Most Common Crimes Committed By Illinois Inmates
Each year, the Illinois Department of Corrections releases an annual report which details programs in place at correctional facilities in the state and statistics about the prison population. In 2017, there were 43,075 inmates that were serving sentences in 25 correctional centers throughout the state. The majority of inmates--29.2 percent--were convicted of Class X felonies or the most serious felony classification for crimes other than murder.
Assault or Battery
Inmates: 3,976
Percent: 9.2
Nearly 10 percent of inmates in Illinois prisons were convicted of assault or battery. A person commits assault if they place someone in danger of receiving a battery. Assault is a Class C misdemeanor unless a person commits aggravated assault, then it can be classified as a Class 3 or 4 felony, depending on the circumstances. A person commits battery when they cause bodily harm to another person, or make physical contact of an insulting or provoking nature. Battery is a Class A misdemeanor unless the person committed aggravated battery, then it can be classified up to a Class 1 felony, depending on the circumstances. The sentences for these crimes can be anywhere from just a fine and probation up to 30 years in prison.
Insurance Requirements and License Plate Suspension in Illinois
Almost all states require you to carry some type of insurance when you drive a vehicle--in Illinois, driver’s must have:
- $25,000 for bodily injury per person;
- $50,000 for bodily injury per accident; and
- $20,000 for property damage.
These are the bare minimum of the insurance requirements that you must have to drive, though it is recommended that you have more than the minimum to protect yourself from being sued for damages over those amounts. Drivers must understand the consequences of driving without insurance in Illinois because the consequences could result in traffic violations.
Illinois Insurance Requirements
If you register your vehicle in Illinois, you are agreeing to have the minimum requirements for insurance. The state has developed ways to determine whether or not drivers have insurance. There are two ways the state verifies that you have insurance: a random survey and traffic stops.
How to Practice Proper Traffic Stop Etiquette
The majority of drivers in the United States will experience being pulled over by police at least once in their lifetime. With flashing lights behind you and a feeling of sinking dread in your stomach, being pulled over can be an anxiety-ridden experience. If you have never gone through a traffic stop before, you may not know what to do, and when we do not know what to do, we resort to instincts, which may not always be proper actions. Knowing what you should and should not do when you are pulled over by police may just prevent you from getting a costly traffic ticket.
- As soon as you see an officer flash his lights or sirens at you, you should begin to slow down and pull off on the right-hand side of the road. If there is no shoulder on the road, or it is too narrow to stop on, you should put your hazard lights on to signal to the police officer that you acknowledge that he is pulling you over and find a safe spot to stop.
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Client accused of first degree murder - Acquitted.
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