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Recent Blog Posts
Can Traffic Tickets Lead to an Illinois Driver’s License Suspension?
It is likely that at some point during their life, everyone will receive a traffic ticket of some sort. There are a multitude of laws that apply to drivers, and it can be easy to make a mistake that is considered a traffic violation. These violations can range in severity from a basic charge of exceeding the speed limit to more serious offenses such as reckless driving. While a single violation may not be especially serious, and a person may simply be required to pay a fine, multiple violations could potentially lead to the suspension of a person’s driver’s license. By understanding when these types of suspensions may occur, drivers can determine the steps they will need to take to avoid the loss of their driving privileges.
Understanding the Illinois Driver’s License Point System
As is true in many states, Illinois uses a system in which traffic violations will result in points being added to a driver’s record. If a person receives three or more traffic violations within one year, their license may be suspended, and the length of the suspension will depend on the number of points they have accumulated.
Can I Face Criminal Charges for Possession of Marijuana in Illinois?
Since 2020, people in Illinois have been able to legally use marijuana for both medical and recreational purposes. The state’s laws allow adults (21 years old and up) to possess a certain amount of marijuana, and cannabis and cannabis products can be legally purchased at licensed dispensaries. However, there are still some situations where people may face criminal charges for marijuana possession. By understanding the applicable laws, people charged with marijuana-related offenses can determine their rights and their options for defense.
Unlawful Cannabis Possession in Illinois
Residents of Illinois who are over the age of 21 can possess up to 30 grams of cannabis plants, five grams of concentrated cannabis, or products infused with cannabis containing 500 milligrams of THC (the psychoactive chemical in marijuana). People who do not reside in Illinois may enter the state and purchase and possess marijuana, although they are limited to possessing 15 grams of cannabis plants, 2.5 grams of cannabis concentrates, and 250 milligrams of THC. Possession of marijuana in excess of the legal limits may result in criminal charges. Possession of over 30 grams of cannabis is a Class A misdemeanor that may result in a prison sentence of up to one year. Possession of over 100 grams is a Class 4 felony that may result in a sentence of between one and three years in prison. Possession of larger amounts may result in more serious felony charges, and in these cases, a person may be charged with possession with intent to deliver, which may result in more severe consequences.
What Are the Consequences of Violating an Order of Protection?
In many cases involving allegations of domestic violence or abuse, a judge may choose to issue an order of protection. These orders, which are commonly known as restraining orders, may place a number of restrictions on a person, including preventing them from contacting family members covered in an order. If an order of protection has been issued against you, it is important to understand the requirements that you will need to follow and the potential charges you may face if you violate the terms of the order.
Restrictions and Requirements in an Order of Protection
A judge may determine that an order of protection is appropriate based on claims that a person has committed domestic violence or other forms of abuse toward members of their family or people in their household. An alleged victim of abuse may request an emergency order of protection, and a hearing may be held without the alleged abuser being present. If an emergency order is issued, it will go into effect immediately, and it will usually be valid for 21 days. The person who is subject to the order will be notified, and a hearing will be scheduled to determine whether a long-term order of protection will be necessary.
When Is a Monitoring Device Driving Permit Available After a DUI?
What Is an MDDP?
After a first-time DUI arrest, a person will usually be eligible for a permit that will allow them to drive, as long as they use a breath alcohol ignition interlock device (BAIID). This device is a portable breathalyzer that will be installed in a person’s vehicle. Before starting the vehicle, the driver will be required to breathe into the device, and the car will not start if their blood alcohol content (BAC) is above a certain limit. Drivers will also be required to provide breath samples at certain intervals while driving. A device will take a picture of the driver when they are providing a sample to ensure that the driver is the person being tested. A BAIID will be required on any vehicle the person drives during their period of license suspension.
First-time DUI offenders may apply to receive an MDDP, which will allow them to drive without any limitations during their period of license suspension, as long as they use a BAIID. A person must meet the following requirements to qualify for an MDDP
Will County Theft Felony Charges
It is all too easy in Illinois to find yourself facing a felony theft charge. The following types of theft are felony crimes:
- Any theft over $500 in value. (A simple theft of $500 or less is a Class A misdemeanor);
- A theft of any value committed in a school or place or worship;
- A theft of government property of any value;
- A theft by deception of any value, wherein the offender obtains a rent payment or security deposit by posing as a landlord or landlord’s employee;
- A theft of any value if you have a previous conviction for theft; and
- Possession of stolen goods with knowledge or reason to believe the goods were stolen.
Penalties for Felony Theft in Illinois
Depending on the value of the stolen goods, you could be facing from one year to decades in prison. While probation is a possible sentence in lieu of prison in most cases, a theft of property valued at over $500,000 is a non-probationable felony.
Top 5 Crimes Committed By U.S. Juveniles
Many parents do not want to believe that their child has done something wrong, let alone committed a crime. According to crime statistics published by the FBI, there were 481,006 juvenile offenders in 2016 across the United States. Juvenile crime is at the lowest it has been in years, but it still is an area of concern. Juvenile cases can be more complicated than adult cases because of the consideration that the offenders are young and have the potential to be reformed.
Juvenile Court Vs. Adult Court
The first consideration that courts must make when juveniles are accused of committing a crime is whether or not the offender should be tried in juvenile court or adult court. Offenders who are under the age of 18 and have the potential for reform and making better decisions will likely be tried in juvenile court. Some crimes, such as murder, will automatically move to adult court if the offender is over the age of 13.
Juvenile Crime
Juveniles are more likely to commit certain types of crime than others. The FBI runs the National Incident-Based Reporting System (NIBRS), which captures the details of certain crimes and provides crime statistics to the public. The NIBRS also breaks down the crime incidents into age categories, one of which includes juveniles. In 2016, the top juvenile crimes were:
Illinois Speeding Tickets Are More Costly Than You May Think
If you drive a lot, odds are you have been stopped for a traffic violation at least once. Illinois law enforcement agencies made 2.3 million traffic stops in 2017, affecting more than one-fourth of the state’s population of 8.5 million licensed drivers (although certainly some stops would have involved non-residents).
About two-thirds of all Illinois traffic stops were for moving violations, with the remainder related to mechanical or vehicle registration issues. Luckily for the drivers, only about 40 percent of all traffic stops resulted in a ticket.
However, if you are one of those 40 percent who get a ticket, the penalties may be much higher than you anticipated. Most people think of speeding, for example, as a very minor offense, with a $140 fine at most. But many drivers are still not aware of a change in Illinois law that took effect in January 2014 which significantly increased the penalties for some speeding tickets.
How Soon Can I Get My Drivers License Back After Revocation
If your Illinois driver’s license has been revoked, you are probably anxious to get back behind the wheel. But because the driving offenses that lead to revocation are so serious, the state does not make it easy to get your license back.
How Soon Can I Start the Reinstatement Process?
For purposes of illustration, we will assume your license was revoked for a minimum of one year. (Your actual revocation could be five years or even longer.)
As a general rule, you can apply for a restricted driving permit (RDP), sometimes referred to as a hardship permit, any time after the revocation is entered on your record.
You can apply to get your license fully reinstated one year from the effective date of revocation. However, you can and should start preparing well in advance for the hearing that will be necessary to get your license back. See our page on Getting Ready for Your Hearing for details.
Understanding Reckless Driving Charges in Winter Car Accidents
It is a rare Illinois driver who has not been in or at least seen a winter driving accident. Snow, ice, and prairie winds combine to create treacherous road conditions, resulting in collisions, spin-outs, and skids into ditches. When it happens to us, our first words are likely to be, “It was an accident!” But when law enforcement becomes involved, many of these accidents can result in traffic tickets and even arrests. Here are some recent Illinois incidents we can all learn from:
Driving Too Fast for Weather Conditions
On January 3, 2018, in Champaign County, a 21-year-old driver rolled her car and crashed into a ditch. After being released from the hospital, she was arrested by Illinois state police, who said she was driving too fast for the weather conditions. She was cited for improper lane usage, illegal transportation of alcohol, driving with a suspended license, and driving an uninsured vehicle. Drivers should note that, as of January 2017, Illinois law allows officers to impound a vehicle if a driver has previously been convicted of driving without insurance and is cited for this offense a second time within a year.
The Long-Term Impact of Illinois DUI Laws
In 1997, Illinois reduced the legal blood-alcohol limit for drivers from .10 to .08, the standard now used by all 50 states. Today, 20 years later, lawmakers are thinking about further reducing the legal blood-alcohol limit from .08 to .05.
If you are wondering why, you are not alone. It is perfectly reasonable to ask questions like how much safer did the roads really get after the change from .10 to .08, relative to the cost to society of law enforcement and the severe penalties paid by people convicted of DUI? How strong is the rationale for further reducing the legal limit to .05?
In this post, we will look at how the change from .10 to .08 impacted DUI arrests and fatalities in Illinois over the past 20 years. In a separate post, we will look deeper into the debate over the .05 standard.
Deaths in Alcohol-Impaired Crashes Have Declined in Illinois
The Illinois law reducing the legal blood-alcohol level from .10 to .08 took effect July 2, 1997. The year before it took effect, 534 people died in Illinois car crashes involving at least one driver who was at or over the 0.08 level. In 2016, 272 people died in alcohol-related crashes in Illinois. Thus, the annual number of drunk driving deaths in Illinois has been cut in half, resulting in 262 fewer deaths. This may not be entirely attributable to the .08 change, though. Other factors have likely played a role, such as the 2000 law requiring drivers found guilty of DUI to have blow-to-drive devices installed in their vehicles.
