Posted on March 03, 2018 in Uncategorized

The opiate crisis in the United States has reached epidemic levels. Drugs like Oxycontin, Percocet, morphine, and codeine are intended to treat severe pain - such as what one would experience post-surgery. Unfortunately, the pills are highly addictive and eventually those who try to stop taking the pills experience terrible withdrawal symptoms. Addicted individuals sometimes turn to street drugs like heroin in order to find relief from the suffering of withdrawal. Heroin is often mixed with fentanyl – a deadly substance 100 times more powerful than morphine. Opiate addiction and abuse have destroyed many people’s lives.

Bill Would Expand Illinois Medical Marijuana Program

A new bill is being brought before the Illinois General Assembly that would expand the state medical marijuana program to allow cannabis to be used by any patient who qualifies for the prescription use of opioids. The program, which currently has 27,000 participants, would be greatly expanded by this bill. In order to qualify for medical marijuana in Illinois currently, you must suffer from one or more of 40 specific medical conditions including cancer and lupus. The bill would allow patients who would normally be given only opioid treatment to also have access to medical marijuana. This could be beneficial for individuals who have post-surgery pain or are healing from an injury.

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 Posted on March 02, 2018 in Uncategorized

A citizen’s right to personal privacy and the law enforcement community’s use of probable cause frequently run opposed to one another when officers attempt to apply the tool during the course of an investigation. A case heard on appeal late last year sought to clarify the matter as it involved the conviction of one man who was alleged to be driving under the influence (DUI) when he struck and killed a pedestrian.

Forced Compliance with Drug Test Ruled Unconstitutional

In hearing the case, a majority of justices on the Appellate Court found that police committed a series of procedural errors in collecting evidence from a suspect in a vehicular homicide. The court ruled that a section of the Illinois law on DUI testing was unconstitutional. In issuing their ruling, they stated that if a suspect does not consent to a request for a blood or urine sample, police officers must secure a warrant to compel the suspect’s cooperation. In issuing their ruling, the appeals court overturned the defendant’s conviction on murder charges and sent the case back to the lower court for retrial.

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 Posted on March 01, 2018 in Uncategorized

Do you know what the legal limit is in Illinois for blood-alcohol content (BAC) while operating a motor vehicle? Most people are aware that an adult over the age of 21 with a non-commercial driver’s license is considered legally intoxicated if his or her BAC equals or exceeds 0.08. The 0.08 limit is the same across the United States. In recent weeks, however, federal safety officials have started pushing for states to reduce the legal to 0.05 in hopes of saving thousands of lives each year.

A Downward Trend

It may seem like the legal limit for presumed intoxication has been 0.08 forever, but the limit was 0.10 in most states until fairly recently. Illinois was among the first to adopt the lower standard, doing so in 1997. Just three years later, then-President Bill Clinton signed a measure that threatened the forfeiture of federal transportation grants for states that did not adopt the 0.08 limit. As one might expect, states were reluctant to miss out on federal funding, and within a few years, all 50 states, Washington D.C., and Puerto Rico enacted legislation to adopt the new standard.

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 Posted on February 28, 2018 in Uncategorized

It is a hardship for anyone to lose their driver’s license, but most especially for Commercial Driver’s License (CDL) holders who earn their living behind the wheel. In this post, we take a look at five things that all CDL holders should know in order to protect their driving privileges and their ability to earn an income as a commercial driver.

1. Just say no to drugs.

Your CDL can be terminated for life, with no possibility of reinstatement, if you use any vehicle (commercial or personal) in the commission of a felony involving controlled substances.

2. What you do in your personal vehicle counts.

Major driving violations can result in the loss of your CDL, even if you were driving a personal vehicle when the violation was committed. These violations include driving under the influence of alcohol or other intoxicants (DUI), leaving the scene of an accident, using a vehicle in the commission of a felony, or operating a commercial vehicle while your CDL is suspended.

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 Posted on February 27, 2018 in Uncategorized

Gun violence is a serious problem for Chicago and the surrounding areas. Men, women, and children alike have lost their lives due to incidents involving firearms. The city recorded 650 murders in 2017 alone. Recently, another man was killed due to gun violence, but this time, it was a police officer. Cmdr. Paul Bauer was attempting to catch a man who was fleeing from tactical officers when he and the suspect engaged in a physical confrontation. The suspect then opened fire and shot the officer multiple times, killing the 31-year department veteran.

Suspected Shooter is Four-Time Felon

Police officers were eventually able to apprehend the suspect. He is a 44-year-old who has already spent many years of his life behind bars. The four-time felon was sentenced to 16 years in prison in 1998 for robbery. If found guilty of killing an officer, he will spend even more time locked up. The incident started just before 2 p.m., meaning many people were witnesses to the struggle and gunfire. Commander Bauer became involved in pursuing the suspect after hearing his description on the radio. A police tactical team had been attempting to question the suspect about a separate shooting when he started running away from the officers. They radioed for help, and Bauer was the first to confront the suspect. It was a heroic action which led to his death. Chicago Mayor Rahm Emanuel said of the officer, “Commander Bauer stood for the highest ideals of our police department and our city — to serve and protect the people of Chicago.”

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 Posted on February 24, 2018 in Uncategorized

If you are arrested for driving under the influence (DUI) in Illinois driving under the influence (DUI) in Illinois, and chemical testing proved you were over the legal limit for drugs or alcohol, you may think your only option is to plead guilty and accept a DUI conviction on your permanent record.

An aggressive and well-versed DUI defense attorney, however, may be able to help you avoid a conviction. There are numerous grounds on which a DUI defense can be built.

When talking to your attorney, be sure to convey all the details that you can remember, so that your attorney can consider whether any of these defenses might apply in your case:

1. No Valid Reason for the Traffic Stop

A police officer must be able to state a legal reason for stopping a driver. If there is no valid reason for the initial traffic stop, any evidence (e.g., a breathalyzer or blood test) gathered by the police after that may also be invalid. Weaving without crossing lanes or an anonymous phoned-in tip that someone is driving drunk, to name just two examples, are not considered valid reasons for a traffic stop.

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 Posted on February 23, 2018 in Uncategorized

How much is a DUI arrest and conviction going to cost you?

Dollar Cost of DUI

According to the 2017 Illinois DUI Fact Book, the total cost of a DUI conviction can run as high as $18,000. That figure includes fines and court costs; lost wages due to time spent in court, jail, community service, or other court-mandated programs; and the incremental cost of high-risk insurance.

Non-Financial Costs of DUI

Consider, also, the costs that are not so easy to calculate in dollars, such as the stress on you and your family, the loss of leisure time, and the hassle of losing your driving privileges. Even a first-time misdemeanor DUI conviction will remain on your record and cannot be expunged, even if you receive court supervision rather than a conviction. That can cost you job opportunities, admission to some colleges, and scholarships. If you rely on medical cannabis, your medical cannabis card could be revoked.

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 Posted on February 23, 2018 in Uncategorized

We previously used this space to discuss the controversial placement and effectiveness of red light cameras in Illinois. The controversy appears to be growing, and drivers throughout the state continue facing the threat of collecting traffic offenses issued by cameras as they travel throughout the region.

Review of Effectiveness Yet to Be Conducted

Red light cameras were installed at intersections throughout Illinois for the stated purpose of reducing the rate of accidents. For that reason, it was intended that the cameras would be installed only at those intersections that were the site of a high number of crashes. In passing the law that allowed for red light camera installation, the legislature included provisions to study the effectiveness of the cameras, asserting that they were needed to improve safety, not to simply provide communities with a revenue stream. However, the opposite appears true. After conducting an investigation of red light cameras, the Chicago Tribune found that:

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 Posted on February 22, 2018 in Uncategorized

As the saying goes, kids will be kids, but sometimes, juvenile mischief can cause significant damage and land minors in serious legal trouble. When people under the age of 18 commit a crime, the law usually treats them much differently than an adult. Children and teenagers do not have fully-developed cognition skills and will often act more impulsively than their adult counterparts. This is not to say that minors should not be held accountable for their actions, but the courts generally focus on rehabilitation of minors convicted of a crime instead of punishment. Nevertheless, juvenile crime is punishable and can result in imprisonment, expensive fines, community service orders, and more.

Boys Destroy Beekeeper’s Business

Although vandalism is considered by some to be a victimless crime, the reality is that vandalism can cause damages which are not only costly to repair, but devastating to those whose property has been ruined. One such example of this is an instance that recently happened in Iowa. Two young boys, aged only 12 and 13, trespassed on property owned by beekeepers. The boys then smashed every single one of the beekeepers’ 50 beehives and destroyed their shed and the tools in it as well. The senseless act of vandalism caused $60,000 worth of damage and resulted in the death of 500,000 bees.

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 Posted on February 21, 2018 in Uncategorized

We frequently use this space to present information about new laws taking effect in Illinois, strategies for keeping yourself safe, and protecting your rights in the face of arrest or criminal charges, among a variety of other related topics. With many people starting to make plans for spring or summer vacations, we thought some might find it interesting to learn about the items or activities that, while traveling outside the United States, could result in your arrest.

Know Before You Go

There are many things that citizens of the United States take for granted. However, when traveling abroad, it is smart to take some time and research the local laws in your destination. Presented in the list below are some of the things considered illegal in foreign countries that an American may find quite unusual.

• Mullets and ponytails are illegal in Iran. Long, bushy beards are fine, but hair styles on men that reflect “western” ideals are against the law.

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