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Recent Blog Posts
Construction Zone Speeding Tickets and Photo Enforcement in Illinois
When the orange cones come out, try to keep your driving frustration and speed in check, or you could find yourself in court dealing with a costly construction zone speeding ticket. The minimum fine for speeding in a construction zone is $375 for a first offense and $1,000 for a second offense, regardless of whether workers are present. A court appearance is mandatory. Two offenses within two years will result in a 90-day suspension of your driver’s license. Photo enforcement of speeding in work zones is legal in Illinois, but only when construction workers are present.
Illinois Photo Enforcement of Construction Zone Speed Limits
Illinois law (625 ILCS 7) defines the state’s policies for automated photo enforcement of construction zone speed limits. Key facts to know include:
- Automated photo enforcement is allowed only when workers are actually present in a construction zone.
Drug Crimes Encompass More Than Just Illegal Drugs
Everyone knows that there are certain drugs that are absolutely 100 percent illegal throughout the United States. Heroin, cocaine, LSD and ecstasy are all types of illegal drugs that have no accepted medical use and a high potential for abuse. Contrary to what some may think, you can also get in trouble if you illegally possess, distribute, or falsely obtain prescription drugs. The only time prescription drugs are legal is when the drugs were prescribed to you and you use them according to the label on the bottle and your doctor’s orders. Doing otherwise could result in serious charges against you.
Controlled Substances and Common Prescription Drugs
In addition to state laws, the federal government also has certain laws in place pertaining to legal and illegal drugs. The Drug Enforcement Administration (DEA) has created a schedule of drug classifications based on their medical use and their potential for abuse. This schedule is nearly identical to the schedule found in the Illinois Controlled Substance Act and contains information about prescription drugs. Commonly abused prescription drugs include:
What Happens if a Person Under 21 is Charged with a DUI in Illinois?
In the United States alone, approximately one person every 48 minutes dies in a traffic accident involving an intoxicated driver. Illinois has several laws designed to prevent and punish drunk driving. Driving under the influence (DUI) is especially dangerous when the intoxicated driver is underage. Younger adults and teenagers often have less experience with both driving and alcohol. They can easily underestimate their level of intoxication behind the wheel and cause a serious accident. Because of this, Illinois has a strict zero-tolerance policy regarding underage drinking and driving.
Underage Drivers Cannot Have Any Alcohol in Their System While Driving
For drivers under age 21, the so-called “magic number” when it comes to DUI is 0.08 percent blood alcohol content (BAC). Generally, anyone caught driving with a BAC of 0.08 percent or more is considered driving under the influence, though there are certain instances where a lower BAC can also result in a DUI charge.
What Is Scotts Law or the Illinois Move Over Law
Illinois drivers must start obeying Scott’s Law or face the consequences as the state police step up enforcement of the move-over law. More tickets are expected to be issued this spring and summer due to rising concerns about the safety of state troopers and other emergency services personnel when working roadside traffic stops and accident scenes.
In the first few months of 2019, a record number of state troopers, 16, were struck by other vehicles and two of them were killed. Nearly 500 drivers have already been ticketed for Scott’s Law violations in 2019, more than double the number during a comparable time frame in 2018.
The Penalty for Failing to Move Over
Scott’s Law, 625 ILCS 5/11-907(c), requires drivers to slow down and change lanes away from a stopped emergency vehicle when they see flashing lights. The penalty for this traffic violation is a fine between $100 and $10,000, plus a driver’s license suspension if the violation results in a collision causing property damage (90 days to one year), injury (180 days to two years), or death (two years).
Exploring Plea Bargains and Their Benefits
Criminal trials are often lengthy, complicated processes. There are many rules and regulations that must be followed during criminal trials. Those rules vary depending on which state you are being tried in and whether or not you are being tried in federal court or state court. The infamous OJ Simpson trial lasted for 11 months before a decision was reached, but other trials have taken years to conclude, costing millions of dollars. One of the solutions prosecutors and criminal defense attorneys have strategically used to help reduce the time of criminal trials is by offering plea bargains. According to the United States Bureau of Justice, around 90 to 95 percent of criminal cases result in a plea bargain.
What is a Plea Bargain?
A plea bargain is an agreement made between the defendant (you) and the prosecutor (the lawyer representing the local, state, or federal government). The agreement involves you entering a guilty plea to some or all of the charges that are being brought against you, usually in exchange for a more lenient sentence than would be applied following a finding of guilt at trial. Rather than going to trial to determine whether or not you are guilty, you skip that step and plead guilty. A plea bargain might involve reducing the severity of the charges against a person, reducing the number of charges against a person, reducing the severity of the sentence, or a combination of the three.
Adult Redeploy Illinois: Avoiding Jail for a Felony Crime
A decade ago, Illinois passed a groundbreaking law called the Illinois Crime Reduction Act of 2009. The opening lines of the Act read: “Currently, the Illinois correction system overwhelmingly incarcerates people whose time in prison does not result in improved behavior and who return to Illinois communities in less than one year.” This law created the Adult Redeploy Illinois (ARI) program with the goal of diverting people who have committed lower-level felony crimes such as DUI , drug possession drug possession, and theft from jail sentences to local rehabilitation programs. In many cases, offenders have been repeatedly arrested and traditional court punishments have failed to impact their future behavior. ARI seeks to break the cycle of crime and help these individuals become productive citizens.
How Does Adult Redeploy Illinois Work?
More than 1,600 people participate in community-based, jail-alternative programs in Illinois each year funded by ARI. These people represent a 25% reduction in the number of offenders placed into the custody of the Illinois Department of Corrections each year.
Consequences for Boating Under the Influence in Illinois
Memorial Day is coming up, which means picnics and barbeques will be enjoyed by thousands of families across Illinois. Traditionally, Memorial Day also marks the beginning of summer, bringing with it activities such as hiking, swimming, and boating. Many people probably think that having a couple of drinks while operating a boat is acceptable, but what many people do not know is that boating laws are quite similar to Illinois DUI laws. You can receive a DUI if your blood-alcohol content (BAC) is more than .08 while you are operating a vehicle, but the same limit applies to those who are operating a boat.
What Constitutes Boating Under the Influence?
According to the Illinois Boat Registration and Safety Act, there are a couple of different ways you can be charged with boating under the influence. You can be charged with boating under the influence (BUI) if you are in actual physical control of a watercraft and:
Battery Charges Increase When a Police Officer is Involved
Like many states, the state of Illinois is very protective of their police officers. Police officers protect the public and uphold the peace, but some people do not treat police officers with the respect that they deserve. Unfortunately, it is not uncommon for police officers to be injured or even killed while on the job. In the past year, there have been numerous stories about Illinois police officers killed in the line of duty. When it comes to prosecuting those accused of battery of a police officer, the courts do not take these accusations lightly and those convicted are often punished to the full extent of the law.
A Recent Case
In a recent case, an Illinois woman has been accused of a slew of crimes stemming from a traffic stop on April 16. According to police reports, the 45-year-old woman and her traveling companion were pulled over Tuesday. After police suspected criminal activity, the officer separate her and her companion and she then allegedly placed an unidentified substance in the police officer’s sports drink in his squad car. The woman now faces multiple drug charges, including unlawful possession of methamphetamine and intent to deliver it, possession of cannabis and possession of drug paraphernalia. The woman also faces two counts of aggravated battery to a police officer.
When is Driving Under the Influence a Felony in Illinois?
Illinois is known for its strict laws against driving under the influence (DUI). A standard first offense DUI conviction in Illinois generally results in a driver’s license suspension, a minimum fine of $1000, and up to 6 months in jail. Additionally, a person convicted of a DUI in Illinois may have to participate in community service and complete a drug and alcohol program. An aggravated DUI offense carries even harsher penalties. If you have been charged with aggravated driving under the influence in Illinois, read on to learn about what you and facing and how to get legal guidance regarding your charges.
Aggravated DUI
Although all DUI convictions are heavily penalized in Illinois, an aggravated DUI is considered a much more serious crime than a standard DUI. Aggravated DUI also differs than a regular DUI in that some convictions carry mandatory jail time. Depending on the circumstances of the crime, aggravated DUI convictions can range in classification from Class 4 Felony all the way to the most serious felony, a Class X Felony. The felony classification of an aggravated DUI depends on the offender’s criminal history and the specific details of the case.
Facing Burglary Charges in Illinois?
Burglary charges are oftentimes misunderstood. Burglary generally refers to when a person illegally enters another person's property with intent to commit a crime. Breaking into another’s property alone is not enough to charge someone with burglary. If it cannot be proven that the person intended to commit another crime on the property or inside the residence, this crime is called trespassing.
Proving Burglary Occurred
A state prosecutor must prove several things in order for a criminal defendant to be convicted of burglary. First, he or she must prove that the defendant entered a property without the property owners consent. If the defendant had permission to enter the property at one point, but that permission has since expired, this is still considered entering the property without permission. Secondly, the prosecutor must show that the defendant knowingly entered the premises. If a defendant accidently wandered into someone’s property, it can be hard for a prosecutor to make a burglary charge or even trespassing charge stick. Lastly and most importantly, the prosecutor must prove that the defendant planned to commit a theft or a felony on the property.
