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Recent Blog Posts
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.
Should I Refuse a Breathalyzer Test?
When a person is stopped by a police officer on suspicion of driving under the influence of alcohol , the officer may ask him or her to take a breath, blood, or urine test. Often, a field sobriety test and breath test are used during traffic stops to determine whether the driver’s blood alcohol content is above the legal limit.
Most people are familiar with the purpose of a breathalyzer. They have either themselves been asked to breathe into one in order to determine their blood alcohol content (BAC) or they have seen the process on television or in movies. If a driver’s BAC is found to be 0.08 or higher, he or she is considered legally intoxicated and will be charged with a DUI. But what happens if a driver simply refuses to take the blood alcohol content test?
Implied Consent and BAC Tests
By driving on public streets you are already consenting to a blood alcohol content test. Because Illinois has an “implied consent” law, you agree to submit to chemical testing for alcohol impairment by the act of driving a vehicle on the road. You may know that a criminal suspect must be read their Miranda rights before he or she can be interrogated by the police, and many believe that the same holds true for BAC testing. In reality, an officer does not need to read someone their rights or provide access to a lawyer before subjecting them to a chemical test the way they would before a police interrogation.
Recovering Evidence in a Criminal Defense Case
Evidence is a very important variable when it comes to nearly any investigation and criminal defense strategy. Sometimes a lack of evidence is what helps a defendant win their case, while in other situations, evidence is exactly what you need to protect your freedom. It is interesting to see the lengths to which some will go to collect that evidence.
Evidence Collection in the Palm of One’s Hand
Although developed and promoted for use by first responders and law enforcement, there are a number of mobile apps which can now aid in the collection of evidence at crime scenes. Some examples of the new technology available for such procedures include:
- Pocket CSI includes tools for taking audio notes, calculating skid marks, projecting blood splatter trajectory, and recording other details.
- MEA Forensics provides step-by-step assistance for those dealing with the examination and preservation of forensic evidence.
Juvenile Defendants and Jury Trials
Having the option of being tried in court before a jury of one’s peers is a right our country’s justice system guarantees. However, in most cases involving juvenile crime, the opportunity to seek a jury trial is not offered in Illinois. This policy was recently upheld by the state’s Supreme Court.
First Time Offenders
In Illinois, the rules pertaining to hearings for juvenile offenders are different depending on the criminal history of the defendant. Those rules were challenged when a Cook County Circuit Court Judge ordered a jury trial for a juvenile defendant charged in the shooting death of another teen.
In Illinois, jury trials are afforded to juvenile offenders with a history of repeat or violent offenses. First time offenders do not have the option of jury trials. An initial ruling in this case found part of that Illinois law unconstitutional. In ruling on an appeal, the Illinois Supreme Court issued an opinion that the statute pertaining to jury trials for repeat offenders was distinctive enough from those pertaining to juveniles with no previous criminal history.
