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Recent Blog Posts
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.
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.
