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Recent Blog Posts
Judge Rules Illinois Hazing Law is Constitutional
An Illinois judge recently ruled on the constitutionality of the state’s law against hazing. According to the Illinois Hazing Act, it is illegal for an official group that is associated with any educational institute (i.e. school sports teams, fraternities, sororities, etc.) to require a student to engage in activity that is not authorized by the school, and results in injury to the student, in order for the student to be admitted into the group.
The criminal classification for hazing is a Class A misdemeanor and a conviction could mean up to one year in jail and fine of $2500. If the act of hazing results in severe bodily injury or death, then the criminal classification is a Class 4 felony, with convictions carrying prison terms of one to three years and a fine of up to $25,000. An extended Class 4 felony conviction carries a prison sentence of three to six years.
Zero Tolerance and Underage DUI Charges in Illinois
In the past decade, states have continued to increase coordinated efforts to stop or slow the rate of drunk driving accidents. According to the Illinois State Police, there are several levels of DUI charges and convictions in Illinois, though the state does have a zero-tolerance for underage drinking. This means that if a person is under the age of 21 and caught driving under the influence, he will be charged no matter what his blood alcohol level content was at the time of arrest (even if it was under the legal limit).
If an underage person is charged under the zero tolerance law in Illinois, his license will be revoked for three months if it is the first violation, or six months if he refused the blood alcohol test. If it is his second violation, his license will be revoked for up to one year, or two years if he refused the test. Neither stays on his permanent record. Yet an underage person in Illinois can also be charged under regular DUI laws. If an underage driver is arrested for DUI and his blood alcohol content is .08 or greater, he can receive a DUI conviction that stays on his permanent driving record.
Government Announces New Federal Clemency Program
The federal government recently announced a new clemency program that is targeted for drug offenders who are non-violent and are serving lengthy prison sentences due to the harsh sentencing practices from the 1980’s, when crack cocaine use had reached epidemic proportions. Many of those serving time would have much shorter prison terms under today’s sentencing guidelines. The program is also aimed at easing overcrowding in prisons and lowering corrections costs.
At a press conference announcing the new program, U.S. Deputy Attorney General James M. Cole said, "We are launching this clemency initiative … to quickly and effectively identify appropriate candidates … who have a clean prison record, do not present a threat to public safety, and were sentenced under out-of-date laws that have since been changed … this initiative is not limited to crack offenders."
Supreme Court Allows Traffic Stop Based on Anonymous Tip
The U.S. Supreme Court recently ruled that police can stop a vehicle and do a search based on an anonymous tip called into 911.
The case, which went before the Court, was a California incident that occurred in 2008. A woman called 911 and reported of a pickup truck which had just run her off the road. She told the dispatch the location of the incident and provided a description of the truck, as well as its license plate number. The woman did not provide her name or any other identifying information.
Dram Shop Laws in Illinois Now Have Cap for Liable Damages
The blame for accidents caused by drunk driving is nearly always assigned to the driver. Adults are expected to know their limits when drinking and should have enough personal responsibility to not get behind the wheel of a car. And according to the 2014 Illinois DUI Fact Book, these limits include no more than three drinks an hour for an adult male. The limit is closer to two drinks an hour for an average woman.
Stricter penalties for drunk driving, as well as a greater national awareness of the issue, could be one reason for the spike in popularity of citywide rideshare businesses, such as Uber, Lyft, and Sidecar. All operate in the Chicago area. However, in April 2014, the Illinois House passed a new law which will require all rideshare drivers to apply for a chauffeur license, commercial insurance, and prohibits them from soliciting rides at designated taxi stands.
Illinois Governor Grants 43 Clemency Petitions
When a person receives an executive clemency, it is though he or she is being "forgiven" for their crime. However, unless the order of clemency also includes an Authorization to Expunge, the crime will still show up on that individual's record.
Governor Pat Quinn recently granted 43 clemency petitions. However, he denied another 65 petitions. The clemency petitions that Quinn sorted through were cases dating back to 2007. The majority of the crimes committed were for burglary, robbery, theft, and drug convictions.
DUI Regulation after Illinois Passage of Medical Marijuana
On January 1st of this year, Illinois became one of the 21 states in the country to enact legal medical marijuana. And according to ProCon.org, Illinois does not accept other states’ registration ID cards. Also, a person can only possess up to 2.5 ounces of cannabis during any 14-day period, unlike other states (such as Delaware, Arizona, and Maine). Once a person has obtained a certification from an Illinois-licensed physician, he or she must apply for an ID card with the Illinois Department of Public Health (IDPH). With the passage of such drug laws, of course, comes the necessity to regulate activities that may arise when a person is using cannabis.
Computer Hacking Warrants: DOJ Proposes Changes to Law
The U.S. Department of Justice (DOJ) has submitted proposed changes to the law which would make it easier for law enforcement to obtain warrants in order to hack into a criminal suspect’s computer. The proposed changes were presented to the Judicial Conference’s Advisory Committee on Criminal Rules. The federal search warrant rules are known as "Rule 41."
Woman Arrested After Killing Homeless Man While Drugged Driving
Cherise Wardlow, 39, was charged with "aggravated driving under the influence involving a death and a count of misdemeanor DUI," after an early April incident in Aurora, reports the Chicago Tribune. Wardlow, of Montgomery, tested positive for marijuana after hitting and killing a homeless pedestrian at about 4am on a February night. "She told police she heard a loud thump and immediately stopped and discovered she had hit the pedestrian," states the Tribune. The man, Donald L. Early, 54, was pronounced dead at the scene. A warrant was issued for Wardlow’s arrest, but the next day, reports the Tribune, she turned herself in and posted the $7,500 bond.
University of Virginia Student Files Lawsuit against ABC for Arrest
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