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Recent Blog Posts
Crucial Traffic Stop Tips for Young Drivers AND Their Parents
Young drivers can easily find themselves in serious legal trouble in any number of ways, including repeated speeding offenses (particularly in work/school zones), for example, or driving under the influence. Distracted driving due to smartphone use is another common problem with young drivers, who need to be aware of the 2014 Illinois law that calls for stiff fines and even jail time for distracted driving that results in injury to others. Even something as seemingly innocuous as passing a stopped school bus can lead to stiff fines and driver’s license suspension.
When facing a police officer after being pulled over for a traffic violation, even the most experienced driver can get nervous and be unsure how to act. But an impulsive mistake can haunt a young driver for months and years to come. That is why it is so important to make sure that all drivers in your family—but especially the younger, less experienced ones—know what to do when a police officer approaches your car.
State Officials Listen to Citizens Opioid Epidemic Experiences
High ranking state officials have held a number of hearings around the state the past few months to hear citizen comments and opinions on the topic of Illinois’ battle against opioid addiction. When it comes to this very volatile issue, and its relationship to law enforcement’s ongoing battle with criminal narcotics activity, the message was clear: there is more work still to be done.
Moms, Addicts, Elected Officials Tell Their Story
A panel led by Lt. Governor Evelyn Sanguinetti and Donald Kauerauf, assistant director of the state’s Department of Public health, listened as one person after another relayed their story of how opioid addiction is having an impact on their lives. The moving accounts included:
- A mother told the story of how her son died only six months after experimenting with narcotics for the first time. She bemoaned the stigma attached to addiction and the marginalized treatment those with addictions endure.
- One man told how his addiction resulted in a prison sentence at an early age and continues to cause problems in his life even today.
Social Media and Juvenile Crimes
The development and evolution of various social media platforms has allowed teens and pre-teens to spend more time interacting through the use of short text messages, images, and video. However, with all the positive applications these programs offer, there seems to be a rising occurrence of juvenile crimes being committed on or through the use of social media.
Cyber Bullying … and Worse
Often it is reported that what started as “harmless” teasing turned into something far more serious and resulted in something tragic. Other times, juvenile offenders use social media to broadcast their actions as means of bragging to their peers. Regardless of the scenario, when juvenile crimes find their way onto social media, they can quickly go viral and spread across the country, increasing the notoriety of the actions. Some recent examples of this trend include:
- Recently, in a far western suburb of Chicago, a 13-year-old boy was charged with a hate crime after making threats and statements of a racial nature to a classmate using a gaming system that was connected to the Internet. This was the second such incident in the area within the past several months; a separate juvenile had previously posted a threatening video on social media and made racial taunts targeting an African-American boy in the community.
Illinois Motorists Can Now Legally Pass Bicycles in a No-Passing Zone
You know it is illegal to pass a moving vehicle in a no-passing zone. But did you know that you can now pass a bicyclist in a no-passing zone under a new state traffic law that went into effect on January 1, 2018?
When Can a Motorist Pass a Bicyclist?
Drivers can now pass to the left of a bicycle in a no-passing zone if:
- The bicycle is traveling at less than half the posted speed limit;
- The driver does not exceed the speed limit; and
- There is enough space to pass safely.
The new law requires motorists to have at least three feet of clearance between their vehicle and bicyclist to safely and legally pass the rider.
For bicyclists, the law permits them to ride on the shoulders of roads – a practice already used by many bike riders for safety reasons. They also can now use red tail lights instead of the standard reflectors when riding in the dark. The tail lights should emit a steady or flashing red light which is visible from 500 feet away. These tail lights can be used in addition to reflectors or as replacements.
How the Court of Public Opinion Can Influence Criminal Proceedings
Before television and the internet, if a person was accused of a crime, only those close to the defendant or prosecutors were aware of the allegation, in most cases. Today, we have access to virtually the entire wealth of human knowledge at the click of a button. When someone is accused of a crime, especially if that person is famous or well-known in the community, news of it can spread like wildfire. Not only can anyone have access to information about alleged criminal activity, but they can also react to it and have their reaction viewed by millions.
For example, someone who reads about a politician who has been accused of a crime can immediately write scathing comments about the individual on the internet. If that politician is found or proven to be innocent of the crime, the scathing comments remain both on the internet and in readers’ minds. The public, as a whole, is notorious for jumping to conclusions, perpetuating false information, and automatically considering an accused individual guilty.
New Illinois Online Hate Crime Law for 2018
The prevalence of electronic communication in modern life has brought people many benefits, but it has led to consequences as well. One negative effect of the increased ease of communication is the ability for someone to harass or intimidate someone else using a variety of methods. These types of actions are criminal offenses, and in some cases, they may now be considered hate crimes. As lawmakers look to combat the trend of online harassment, Illinois law was recently updated to expand the definition of hate crimes and allow prosecution of harassers.
Online Hate Crimes
Illinois law defines a hate crime as a crime committed based on the victim’s religion, race, national origin, gender identity, or sexual orientation. There are a number of offenses that can be prosecuted as hate crimes, and a recent change in the law expanded this list, adding stalking, cyberstalking, intimidation, and transmission of obscene messages. This change went into effect on January 1, 2018.
When Can the Police Search Your Car?
The Fourth Amendment to the U.S. Constitution states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In practice, this means that the police and other law enforcement agencies typically need a warrant in order to search someone’s personal property. Motor vehicles, however, are often an exception.
Probable Cause
Cars, trucks, and other vehicles present interesting challenges in regard to the warrant requirement because they are mobile, and evidence can be easily lost if it is not seized right away. However, police are not permitted to search a vehicle for no reason. An officer must have probable cause in order to search a person’s car. Probable cause refers to evidence that leads officers to believe that the driver of the vehicle is involved in criminal activity. This could include an officer seeing illegal contraband in the vehicle or smelling drugs.
Testing for DUI Related to Marijuana Use
As more states are beginning to legalize marijuana for recreational and medical use, law enforcement organizations across the United States are struggling to address the possible increased prevalence of people driving while intoxicated. Whether a state has legalized marijuana or not, driving under the influence (DUI) of any alcohol or drugs remains against the law. However, tools to accurately and immediately measure whether someone is intoxicated by drugs like marijuana are currently unavailable in most states.
Testing for Impairment
States like Colorado and California have begun using mouth swabs and blood tests mouth swabs and blood tests to determine whether or not an individual has marijuana in their system. Mouth-swab devices can test for the presence of several drugs, including marijuana and cocaine. If drivers refuse to be tested using a mouth swab, they may be required to submit to a blood test, which will determine if the chemical delta-9-tetrahydrocannabinol, or THC, is present in the driver’s blood. THC is the main chemical present in cannabis.
Raising the Threshold on Felony Theft in Illinois
In Illinois, law enforcement officials and prosecutors have the right to upgrade charges against a defendant if their alleged crime rises to or exceeds certain thresholds defined in the state’s criminal code. One common example of charges which may be upgraded occurs when an offense crosses the line between misdemeanor shoplifting and felony theft.
Smart on Crime or Potential for More Trouble?
At this time in Illinois, charges related to the theft of property that has a value that exceeds $500 can be raised from a misdemeanor to a felony, but legislation supported by the Illinois Commission on Criminal Justice and Sentencing Reform was introduced in early 2017 that would raise that limit to $2,000. The issue has initiated debate among Illinois legislators, as well as retailer groups and advocates for prison reform. Some of the issues surrounding this proposed change in the law include:
New Illinois Aggravated DUI Law Goes Into Effect in 2018
A new law in Illinois regarding driving under the influence (DUI) goes into effect in the new year. Under HB 3084, if an individual drives after their license has been suspended or revoked due to a DUI violation that resulted in a fatality, the individual will be sentenced in the same way an individual who is convicted of reckless homicide would be sentenced. This stricter DUI law would result in serious repercussions for those who drive after their license was revoked due to drunk driving that caused a death.
HB 3084 Provisions
The following provisions are included in this new DUI law :
- Subsection (a-5) of HB 3084 states that any individual who drives a vehicle on a driver’s license that has been revoked or suspended due to a conviction for aggravated DUI that resulted in a fatality will be guilty of a Class 4 felony.
