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Recent Blog Posts
Illinois Bank Cutting Ties With Medical Marijuana Industry
The landscape of the medical marijuana industry in Illinois could soon be changing as a major player has announced that it will be getting out of the game by next month. The announcement comes in the wake of indications by the Trump administration that it will be ending Obama-era leniency on the federal prosecution of marijuana as an illegal drug.
Bank of Springfield recently notified its customers in the marijuana industry that their accounts with the bank will be closed on May 21. According to reports, the financial institution is the “main bank serving Illinois medical marijuana companies,” which include cultivation centers and dispensaries. Bank of Springfield is not the only institution serving the medical cannabis industry, but its customers say other banks charge up to six-figure annual fees for marijuana-related accounts. Most companies simply cannot afford the added expense.
The Debate Over Making .05 the New Standard for DUI in Illinois
Should Illinois follow the recommendation of national safety experts to change the legal definition of drunk driving from a blood alcohol concentration (BAC) of .08 percent to .05 percent? This topic will be argued in many forums over the next few years.
How Fast Is the National Drive Toward .05 Moving?
The National Transportation Safety Board (NTSB) first recommended reducing the legal blood-alcohol limit to .05 in 2013. A January 2018 report sponsored by the National Highway Traffic Safety Administration (NHTSA) now strongly supports this change.
As of April 2018, only Utah has enacted the .05 standard, effective at the end of 2018. Other states such as Delaware, Hawaii, and Washington are considering it.
For perspective, it took 13 years from the time the national safety agencies first recommended the shift from .10 to .08 in 1992 until the last state adopted it in 2005. Illinois made the change to .08 in 1997, five years after the initial recommendation.
Juvenile Charges: You and Your Child Both Have Rights
As a parent, one of the most difficult things to hear is that your child may have done something wrong. If your child is arrested or charged with a crime, it will be a stressful experience for the both of you, but one of the best things you can do is become informed about the rights that both you and your child have in this situation. Becoming informed will help both you and your child get through this process.
What Rights Does My Child Have?
In Illinois, anyone 17 years old or under is considered a child, although for very serious crimes, children over the age of 15 can be tried as an adult. There are a few differences between what rights your child has and what rights an adult has when they are charged with a crime.
- Probable cause is needed to search a minor - As with adults, police must have reason to believe a person has committed a crime before searching a minor, and these reasons must be supported by facts. The exception to this rule is if a parent or a person with partial responsibility of the child (such as a school official) has reasonable suspicion of an offense.
Should I Allow the Police to Search My Car Without a Warrant?
When you are stopped by the police for committing an alleged traffic violation, the officer is usually on high alert when he or she approaches your vehicle. The officer will likely ask you for your driver’s license, registration, and proof of insurance and may inquire as to why you think you were pulled over. While the officer is talking and listening to your responses, he or she is also likely to be looking into your vehicle for indications of illegal drugs or other criminal activity. Depending on what can be seen—or smelled, in some cases, the officer may ask you to consent to a search of your vehicle. If this happens ever happens to you, it is important to exercise your rights and respectfully deny the officer’s request.
Misleading Language
An officer who is trying to get permission to search your vehicle is likely to act friendly, casual, and even helpful. He or she may say things like “I know you have nothing to hide,” or “We can just clear this up real quick.” Police officers rely on a variety of techniques to obtain consent to a search, because consent makes an officer’s job much easier in the long run.
Driving and DUI Rules for Medical Marijuana Users
Medical marijuana has made a huge difference in the lives of many Illinois residents who live with debilitating conditions and intractable pain. If you are a registered medical cannabis user and drive regularly, here are a few things you should know to avoid trouble with the law, including being arrested for driving under the influence (DUI).
Rules for Transportation of Medical Marijuana
In your car, handle your medical marijuana like open-container alcohol. Medical cannabis should be sealed in a tamper-evident container and kept in an area that is inaccessible while the vehicle is in motion. Illinois law allows patients to access 2.5 ounces of cannabis every 14 days, so be sure any amounts you carry are within the legal limit. Remember to renew your medical marijuana card before it expires and have your current registry card (issued by the Illinois Department of Public Health) with you in your vehicle. If you have a designated caregiver who brings you cannabis, make sure they are aware of these rules.
Driver’s License Suspensions and Revocations
The ability to drive a vehicle on public roads is a privilege. Sometimes, a person can have their license taken away as punishment for certain crimes. In the state of Illinois, the Secretary of State has the authority to suspend or even completely revoke a person’s driver’s license. If you are an Illinois driver, you should be aware of the types of infractions that can result in losing your license and what you should do if your license is revoked or suspended.
A driver’s license suspension refers to an instance when a person’s driver’s license, and therefore ability to legally drive, is temporarily taken away. A suspension usually lasts a year or less, but in some circumstances, a suspension can last longer. Sometimes a suspension does not have a defined duration but, instead, only lasts until the person pays a fine or meets other requirements. The revocation of a driver’s license is generally more serious and can last anywhere from a year to life - sometimes with no promise of reinstatement. If someone wishes to reverse a license revocation, he or she must convince a Secretary of State hearing officer that he or she is no longer a liability on the roads.
Underage Drinking and Driving During Prom Season
As the weather continues to warm up, high school students throughout Northern Illinois will soon be approaching prom season. It is an exciting time of year, and many teenagers have already chosen the “right” dress or tuxedo to turn heads during the big event. While most students are looking forward to festivities that surround prom, many parents are worried about their children and the possibility of alcohol being part of the “fun.” If you are a parent with son or daughter who will be attending the prom, it is important for you to have a focused conversation with your child about the dangers of underage drinking, as well as drinking and driving underage drinking, as well as drinking and driving.
Penalties for Underage Drinking
In addition to the prom itself, your child may receive invitations to events both before and after the dance. Some of these events may be put on by the school or community groups in an effort to curb underage drinking, while others may be private after-parties at another student’s house or a hotel room. As you could probably guess, alcohol is likely to be available at virtually any unofficial post-prom party.
Resisting Police: How it Happens and What to Do
Movies like The Fugitive, Con Air, and U.S. Marshalls lend an air of glamour to the idea of being an innocent fugitive from justice. But, like most things glamorized in the movies, the reality is generally harsher, and fleeing the police fleeing the police rarely leads to a happy ending.
Resisting Law Enforcement in Illinois is a Serious Matter
Illinois law makes it a Class A misdemeanor to knowingly resist or obstruct a peace officer, firefighter, or correctional institution employee who is acting within their official capacity. The maximum punishment for a Class A misdemeanor is up to a year in jail and a fine up to $2,500. In addition to any other sentence, there is a minimum statutory punishment of 48 hours in jail or 100 hours of community service. If the violation results in injury to the officer, the violation becomes a Class 4 felony. Court supervision is not an option for this crime, so a conviction results in a permanent blot on your record.
Learn by Example: Fleeing or Resisting Police Is Never a Good Idea
If the very thought of being loaded in a police car and taken to jail makes you tense up, that is normal; the human “fight or flight” instinct is very strong. But if you find yourself in a situation where you are about to be arrested, you need to stay calm and cooperate, or you risk getting into even worse trouble. Take a lesson from these recent news stories about people whose lack of self-control led them to flee from the police, piling the charge of resisting arrest on top of other charges:
Do Not Threaten to Toss an Officer Into a River
In March 2018, a Joliet law enforcement officer spotted a man wandering about the parking lot adjacent to the police station. The officer pointed out the “No Trespassing” signs in the lot and directed the man to leave. The man allegedly took up a fighting stance and threatened to throw the office into the Des Plaines River, then fled the scene. Two police officers captured the man before he got very far and placed him under arrest, charging him with criminal trespass, aggravated assault, and obstructing a police officer.
Avoiding Fleeing and Eluding Charges During a Traffic Stop
If a police officer begins to follow you while you are driving, you may be unsure how to react. Once you see the flashing lights behind you, it may be tempting to keep driving, especially if you do not believe that you have committed a traffic crime. However, if an officer is attempting to pull you over, one of the worst things you can do is try to elude them.
Signs that You Should Stay Put
Police officers may give visual or audible indications that a driver needs to stop moving. These can include:
- Hand signals
- Verbal orders
- Sirens
- Red or blue lights
Failure to stop after a police officer has given these signals can lead to criminal charges.
What You Should Not Do
If a police officer has given you any of the above signals to stop driving, you should pull over to a safe location and wait for further instruction. Failing to stop begins as a misdemeanor charge, but can be increased to a felony if the driver breaks certain laws or causes injury. If you are asked to stop, you should avoid doing the following:
