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Recent Blog Posts
Fentanyl Increasingly Found in Heroin
The use of opioid medication and synthetic opioid drugs has become more and more problematic throughout the last few years. According to the U.S Department of Health and Human Services, 11.5 million people misused opioids in 2016 alone. Over 64,000 people died of overdosing on these powerful drugs during the same year. Often, people become addicted to opioids after being prescribed pain management pills such as Vicodin or codeine. When these pills run out, some turn to heroin to get the pain-relieving fix they crave. Heroin is often combined with the much more powerful synthetic drug fentanyl in order to increase its effectiveness. Many drug users do not realize the fentanyl content in their heroin. Unfortunately, heroin and synthetic opioid overdose deaths are rising dramatically.
Toxicology Report for Prince Showed Exceptionally High Levels of Fentanyl
Legendary entertainer Prince died in April of 2016 at his Minnesota home. Representatives for the singer had been working to get addiction help for the 57 year-old, but it seems that the help came too late. Overdose was always assumed to be the cause of Prince’s death, but we now have much more information about what specifically killed him. The most recent information comes from a toxicology report which was conducted as part of an autopsy. The report shows that Prince had exceedingly high levels of fentanyl in his body when he died. It has been concluded that this is what killed him.
What Happens if You Refuse a DUI Breathalyzer Test?
Even if you have never participated in one, most people are familiar with breathalyzer tests. When a person is stopped by police on suspicion of driving under the influence (DUI), officers will ask him or her to blow into a portable breath device which measures the amount of alcohol on a person’s breath. This information can be used to calculate the amount of alcohol in a person’s bloodstream. If the driver is found to have a blood alcohol content (BAC) of 0.08 percent or more, he or she will be charged with a DUI. But what happens if a person refuses to blow into a portable breathalyzer prior to the arrest and or refuses to take the breathalyzer at the police station, after the arrest?
Refusing the Portable Breath Test
You are allowed to refuse the portable breath test given by police prior to an arrest. The law in Illinois, however, is designed in such a way that it encourages people NOT to refuse breathalyzers or other chemical BAC tests. If you refuse the portable breath test during the officer’s investigation of DUI, there is a high probability that the officer will arrest and charge you with a DUI. If you have had several drinks though, it is generally a good idea to refuse the portable breath test as you might be over the legal limit. In addition, portable breath tests are historically unreliable, and you might get a false reading from the machine, thereby sealing your arrest anyway by the officer.
Adult Responsibility for Liquor Use by Minors
As the weather warms up, the planning begins for proms, graduation parties, and summer get-togethers. Both parents and children should be sure that they do not wreck their summer by getting in trouble for breaking laws related to liquor use by minors. While underage drinkers themselves are subject to legal penalties, adults can face penalties if they allow or enable alcohol consumption by minors. Here is a quick refresher course for adults.
1. Parents Are Responsible for Underage Drinking By Their Children’s Guests
In the state of Illinois, a parent or legal guardian can be found guilty of a Class A misdemeanor and fined a minimum of $500 if they knowingly permit under-age-21 invitees of their child or ward to consume alcohol:
- In their residence.
- On any private property under their control, including rented property such as a vacation cottage where they are the tenant or lessee.
Cook County Referendum Shows Many Residents Support Legalizing Marijuana
The nation’s opinion about marijuana has changed dramatically in the last few decades. Once considered only a reactional drug, the medicinal benefits of cannabis are now being utilized by thousands of individuals across the country. Thirty states, including Illinois, have embraced looser marijuana laws of some kind while eight states and the District of Columbia have legalized the recreational use of marijuana entirely. According to a recent Cook County referendum, there may be many Illinois residents who would support Illinois becoming the next state to allow the use of recreational marijuana.
Polls Show Many Illinois Residents Support Recreational Marijuana Use
In the referendum, 68 percent of voters indicated that they were in favor of “the cultivation, manufacture, distribution, testing, and sale of marijuana and marijuana products for recreational use by adults 21 and older.” The referendum was only advisory and will not change any existing drug laws in Illinois, but advocates of recreational marijuana claim that this referendum proves that Illinois residents are ready for legalization.
Can I Be Convicted of Drunk Driving with Blood Alcohol Under .08%?
Can you be convicted of drunk driving with a blood-alcohol content (BAC) below .08%? The short answer is, YES, if your blood-alcohol content (BAC) is above .05% AND the police can show evidence that you were driving impaired. In other words, the real crime is not your blood-alcohol level. The crime is driving while impaired.
Driving Can Be Impaired When BAC Exceeds .05 BAC
In Illinois and every other state, drivers are automatically judged “impaired” when their BAC is .08% or higher. But, in fact, alcohol affects your coordination and judgment from the first drink. According to the Illinois DUI Fact Book, your risk of being in a crash increases significantly when your BAC exceeds .05%. The latest report sponsored by the National Highway Traffic Safety Administration, released in January 2018, recommends lowering the legal limit to .05% BAC.
Illinois Supreme Court Upholds Drew Peterson Conviction
One of the legal constants that most any defendant should be able to rely on when being charged with a crime is the opportunity to face their accuser in a court of law. However, those facing felony criminal charges in Illinois, and perhaps soon other states, may no longer have this chance, due in part to a recent decision handed down by the Illinois State Supreme Court.
Rehearing Denied for Convicted Murderer
In what amounted to yet another attempt to win a retrial on charges of murdering an ex-wife, a defendant and his attorneys learned in January that the Illinois Supreme Court would not rehear their appeal. In issuing its decision, the panel essentially upheld a ruling it made late last year.
Can a YouTube Video or Instagram Post Get You Arrested?
Can a social media post lead to a criminal arrest? The answer, at least in Illinois these past few years, is a resounding “yes.” You might think that you have protected your social media accounts with all the right privacy settings. But that may not stop the police from using social media posts to identify, locate, and arrest you, as evidenced by these recent cases in which social media posts helped police nab criminals.
Instagram Video Results in Drug Charges
Consider a case involving a 16-year-old male in Peru, Illinois, who posted a video of “an individual displaying a firearm in a threatening manner.” The 13-second video was only up on Instagram for a short time before it was removed, but it was up long enough for some Ottawa students to see it and report it to their school resource officer in February 2018. The Peru police quickly located the teen and extensively searched his residence, finding illegal drugs but no firearm. The young man was charged with disorderly conduct, unlawful possession of marijuana, and possession of drug paraphernalia.
Fewer Inspections Now Required for Commercial Trucks in Illinois
Historically speaking, driving a truck in Illinois has come with more burdensome regulations than one might encounter if working in other states. However, with the start of the new year, some of that burden was reduced, and Illinois trucking regulations have been brought in line with those imposed by federal standards.
Only One Inspection Now Required
Until this year, truck owners who operated their vehicles only in the state of Illinois were required to have those trucks inspected once every six months. However, a new bill passed last summer and signed into law in August of 2017 reduced the number of required inspections to just one per year. This change means Illinois’ regulatory process mirrors that of federal requirements, as well as those of neighboring states.
Some of the advantages that come with the new law include, but are not limited to:
Are DUI Checkpoints Unconstitutional?
When a popular drinking holiday falls on a weekend—such as St. Patrick’s Day this year—police departments throughout Illinois often set up sobriety checkpoints on commonly traveled roadways. As you might expect, the goal of these checkpoints is to reduce the number of intoxicated drivers on the road. Some who might otherwise drink and drive may be deterred by the existence of a checkpoint on his or her way home. Others may be stopped at the checkpoint and arrested for driving under the influence (DUI).
DUI sobriety checkpoints are fairly commonplace in Illinois, but their use has left many wondering about the constitutionality of stopping drivers without probable cause. At first glance, DUI checkpoints seem to be in violation of the Fourth Amendment, which guarantees the right to be free from unlawful searches and seizures. The United States Supreme Court, however, determined in 1990 that such checkpoints were an exception to the Fourth Amendment that could be made by states in the interest of public safety.
Can I Be Arrested if a Child Injures Someone With My Gun?
All Illinois firearm owners should be aware that, under specific circumstances, they could be charged with a crime if they leave a firearm accessible and a child injures someone with that firearm.
One such incident happened in Chicago on March 10, 2018, when a 3-year-old boy accidentally shot his 9-year-old cousin in the arm with a gun he found in a residence. For perspective, it has been estimated that 31% of U.S. households had at least one child and one gun in the home in 2012.
27 states, including Illinois, have laws aimed at preventing child access to firearms, but the specific obligations and liability of gun owners vary widely across states. Such laws are commonly referred to Child Access Prevention laws. Proponents claim these laws are effective in preventing suicides and unintentional deaths and injuries of children by firearms.
