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Recent Blog Posts
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.
Proposed Illinois Bill Would Allow Students to Use Medical Marijuana at School
In March of 2018, an Illinois House Elementary Education Committee unanimously approved legislation which would allow school children to consume medical marijuana in school. The proposed bill would allow a parent or legal guardian to administer infused medical marijuana on school grounds and in school-owned transportation.
Medical Marijuana Prevents Student’s Seizures
House Bill 4870 was largely influenced by a lawsuit brought by parents of a child who suffers from seizures. The girl began experiencing seizures after undergoing chemotherapy treatment and receiving spinal injections, and medical marijuana is the only medication which effectively controls them. The family went through the proper channels to get her approved for the medical cannabis program in Illinois, but they faced issues in regard to the child using medical marijuana products in school.
Prescription Drug Laws in Illinois
When someone imagines a drug user, they usually imagine a haggard individual addicted to illicit drugs like cocaine, methamphetamine, or heroin. However, the truth is that much of the drug abuse in the United States is committed by everyday people using substances which were prescribed by a doctor. Many people incorrectly assume that consuming, buying, selling, or possessing prescription drugs which they do not have a prescription for is “no big deal.” However, prescription drug laws in Illinois are stiff, and those caught breaking these laws can face significant criminal consequences.
Illinois Lawmakers Respond to Prescription Drug Abuse
In 2013, The Centers for Disease Control and Prevention reported that prescription drug overdoses had increased an astounding 400 percent for women and 265 percent for men. Unfortunately, evidence suggests that this trend of increased prescription drug abuse is continuing. As a response to those who misuse prescription medication, the Illinois government implemented the Illinois Prescription Monitoring Program. Beginning January 1 of this year, prescribers such as doctors and nurses are required to access patient information in the Prescription Monitoring program before writing an initial prescription for a Schedule II narcotic. This includes opioids such as oxycodone (OxyContin), hydrocodone (Vicodin), codeine, and morphine.
Retailers Expanding Opioid Disposal Programs
The use and abuse of opioids is a subject we have addressed a number of times in this space. From the legal ramifications of drug possession and trafficking to the deadly consequences of an overdose, prescription opioids and illegal narcotics pose serious risks to people across the United States. Recently, some major retailers have announced programs that might help keep dangerous drugs out of the hands of those for whom they were not intended.
New Methods for Safe Disposal of Narcotics
It frequently occurs that opioids and other narcotics found to be in the illegal possession of an individual start as part of a legal prescription for a person who needs pharmaceuticals to treat pain or some other ailment. In an effort to help patients prevent legally prescribed narcotics from falling into the hands of those for whom they were not intended, large pharmacy chains have announced programs and products designed to help patients destroy or dispose of unused drugs.
Airports and Firearms: How to Stay Out of Trouble
Some firearms laws are complicated and hard to decipher, particularly as you travel from city to city and state to state. But there is one gun law that should be obvious to everyone: you should never try to carry a firearm through a TSA checkpoint, into a secured area of an airport, or onto a plane operated by a commercial airline, even if you have a concealed carry permit.
While this restriction is well-known, it happens surprisingly often at airports around the country.
TSA Finds Hundreds of Guns at U.S. International Airports
The Transportation Security Agency (TSA) says it is finding a rising number of guns at carry-on checkpoints, often in the bags of people who simply forgot they were carrying their handgun. The TSA discovered nearly 4,000 firearms in carry-on bags in 2017, up from about 800 in 2007.
Defending Against Charges of Fraud
Regardless of how large or small the amount in dispute may be, an accusation or charge of fraud is a serious matter which can lead to severe criminal consequences. Depending on the circumstances, one can lose their job, pay a large fine or even spend time in prison.
Credit Card Fraud
If you are charged with credit card fraud, the possible penalties vary according to the state in which you are charged, the amount of the alleged theft, and your criminal history, among other factors. Minor offenses may result in a fine or jail time, but a case of credit card fraud pursued as a felony can land a person in prison.
There are definite steps a merchant or seller can take to defend against credit card fraud charges. Providing your fraud defense lawyer with any or all of the following will go a long way in helping your case:
Illinois Supreme Court Shoots Down 1,000-Foot Gun Ban Near Parks
A February 2018 ruling by the Illinois Supreme Court has declared one of the state’s gun laws unconstitutional. The law in question appears in Chapter 720, Article 24, of the Illinois Criminal Code. Under this law, carrying a firearm on a public street without a concealed carry permit is designated a Class A misdemeanor. However, Article 24-1(c) upgrades the charge to a Class 3 felony if the firearm possession is on any public way within 1,000 feet of a public park.
For perspective, 1,000 feet is roughly equivalent to the length of a city block.
The court ruled that the 1,000-foot ban violates the Second Amendment because it places a “severe burden on the recognized second amendment right of self-defense.” The court’s ruling effectively strikes out the “within 1,000 feet of a public park” provision.
Strategies for Drivers Who Get Pulled Over By Police
Anyone who has ever been behind the wheel has experienced the sinking feeling in the pit of their stomach when they see the flashing lights in their rear view mirror. It is a great relief when the patrol car drives past, but when it pulls up behind you, the thought of receiving a traffic citation is enough to ruin anyone’s day.
Can You Avoid Receiving a Ticket?
Even if you have been pulled over before, your mind begins racing around with ideas of what to say, how to act, and ways of working your way out of a ticket and receiving just a warning. While we do not pretend to suggest that the following tips will guarantee a pass from the officer, consider these strategies when encountering police during a traffic stop and you just might avoid a traffic ticket:
Special Considerations Regarding DUI Laws
To a certain point, DUI laws are clear: Those caught driving with a blood alcohol content (BAC) over 0.08 percent are usually charged with driving under the influence. However, there are some instances where a driver can be charged with a DUI without meeting this criterion. Every citizen should be aware of the law, but those who have been charged with a DUI should especially be educated regarding the law.
DUI Without Being Over the Legal Limit
Most people know that the magic number when it comes to DUIs is 0.08. Anyone who blows into a breathalyzer and gets a blood alcohol content result equal to or higher than this can be charged with a DUI. In 2000, President Clinton signed a measure which effectively lowered the legal limit from 0.1 to 0.08 across the country. However, what many people do not know is that you can still be charged with driving under the influence without having a BAC higher than 0.08.
Noticeable Impairment
Drivers who are noticeably impaired are also at risk of being charged with a DUI – even if their blood alcohol limit is under 0.08 percent. For example, a driver who is noticeably slurring his or her words, cannot walk correctly, or is otherwise acting impaired while having alcohol in their system is at risk of being arrested and charged with a DUI. In cases like these, a driver with a BAC of 0.05 to .08 can still be convicted of a DUI if additional evidence shows the driver is impaired.
