Recent Blog Posts
New Law Eliminates Driving Relief Waiting Period for First-Time Offenders
Previous posts on this blog have discussed, in fairly significant detail, some of the relief programs available to drivers whose driving privileges have been suspended for failing or refusing a blood alcohol content (BAC) chemical test related to the suspicion of drunk driving. Such programs have been made increasingly available to Illinois residents, as state officials shift their focus to addressing the behavior that leads to driving under the influence (DUI), and less on harsh consequences that end up creating more illegal activity. In keeping with the ongoing trend, a new law set to take effect on January 1, 2016, makes a number of changes to the state’s existing guidelines regarding driving relief programs, including the elimination of the 30-day "hard time" period for first-time offenders.
Current Standards
When a driver fails or refuses a BAC test, such as a breathalyzer, during a DUI stop, the Secretary of State’s office automatically suspends that person’s driving privileges. A first-time offender faces a suspension of six months for a failure and 12 months for a refusal. Repeat offenders will have their privileges suspended for 12 months for a failure and three years. Currently, a first-time offender is eligible for driving relief after 30 days, as long he or she is granted a Monitoring Device Driving Permit (MDDP) and installs a breath alcohol ignition interlock device (BAIID) on his or her vehicle. MDDP relief is not currently available to those who fail or refuse a second or subsequent time.
Petition Calls for DEA Chief’s Resignation Over Medical Marijuana Remarks
The acting head of the federal agency tasked with enforcing the nation’s laws against illicit drug use is under attack after comments he made to reporters last week regarding the use of marijuana for medical purposes. Acting Administrator of the Drug Enforcement Administration (DEA) Chuck Rosenberg ignited a major controversy in a briefing that coincided with the release of the 2015 Drug Threat Assessment Summary, which showed an increase in illegal drug use for most substances, with the exception of cocaine. The report also observes that the use of marijuana is still technically illegal under federal law, despite decriminalization and medical marijuana legislation being passed in various states.
No Joking Matter
In his statements, Rosenberg took offense to the idea that marijuana could be medicinal, "because it’s not," he said. "We can have an intellectually honest debate about whether we should legalize something that is bad and dangerous, but don’t call it medicine—that is a joke."
Embezzlement, Murder-for-Hire Allegations Come to Light after Officer’s Death Ruled a Suicide
The death of a veteran police officer in the Lake County, Illinois, village of Fox Lake sparked a massive manhunt in early September. Police departments from around northern Illinois, the Illinois State Police, local and federal SWAT teams, and at least half a dozen air support units were all tasked with finding the three men thought to be responsible for gunning down the police lieutenant. The search eventually turned up empty, and police officials now know why. In a press conference this week, Lake County Major Crimes Task Force Commander George Filenko announced that an extensive investigation has produced overwhelming evidence that the officer’s death was a "carefully staged suicide," designed to look like he had been killed in the line of duty. It seems as if allegations of embezzlement and conspiracy to commit murder may have led the officer to believe he had run out of options.
Responding to a Traffic Citation
For many people, an occasional traffic ticket is viewed as little more than one of the costs of a driving a car. They make their car payments, pay their insurance premiums, and, once in a while, pay a fine for speeding or running a red light. Others, however, take traffic violations much more seriously, and, to a certain extent, rightly so. Accumulating too many citations can lead to the suspension of your driving privilege, creating serious challenges to your ability to work, travel, and care for your family. It is important to understand your rights and responsibilities when you have been issued a traffic citation, and a defense attorney can help you through the process.
Sign and Drive
Prior to 2015, being cited for a traffic violation meant that you could be forced to surrender your driver’s license to the issuing officer as security that you would respond to your ticket. Your license would be returned if and when you paid your fine, appeared in court to dispute the citation, or provided a cash bond at the police station in place of your license.
How Does Drug Court Work in Illinois?
Judges, prosecutors, criminal defense lawyers, and lawmakers recognize the problems drug addiction causes in our communities. Many Illinois counties, including DuPage County and Cook County, are turning to drug courts to help addicts, improve neighborhoods, and take pressure off the criminal justice system. Drug courts work inside of the normal criminal court system, but give defendants the chances to avoid going to jail, and sometimes even a criminal conviction. It also provides the tools to help the defendant overcome addiction.
Who is Eligible for Drug Court?
Drug court is for non-violent defendants charged with certain drug offenses. Each county has a different set of rules about who is eligible for drug court and most courts require a defendant to apply for the program. During the application process, the case criminal case is still active, but the proceedings are postponed. A certified professional will evaluate a defendant during the application process.
Thieves Using New Technology to Commit Burglary in Keyless Cars
Keyless entry systems, and on many models, push-button ignitions have become major selling points on late-model cars. The convenience of not having to manually enter a key in the lock or the steering column is very attractive to many new car buyers. It turns out, however, that thieves also appreciate the convenience of keyless entry systems and are now exploiting them to gain access to locked vehicles—and the valuables inside.
The Search for a Mystery Device
As incident reports of damage-free vehicle break-ins began to mount throughout North America over the last several years, law enforcement officials and security experts have been hesitant to draw conclusions regarding the thieves’ exact tools. Numerous witnesses recount seeing the perpetrators remove a device from a backpack or bag and just open a car door. Some assumed that the device was a brute-force transmitter, which tried hundreds or thousands of possible radio signals and frequencies to find the one that matched that particular vehicle. The National Insurance Crime Bureau issued simply issued warnings about a "mystery device" that emulates a key.
Understanding a No Contest Plea in an Illinois DUI Case
When you are arraigned on criminal charges of any type, including driving under the influence (DUI), you are given the opportunity to enter a plea. You may choose to plead not guilty and exercise your constitutionally-guaranteed right to a trial, or, depending on the evidence against you, you wish to avoid a trial, plead guilty, and accept your conviction. There may, however, be a third option available to you, one that is often used in conjunction with plea agreements. Based on the advice of a qualified criminal defense attorney, you may also be able plead no contest.
Nolo Contendere
The plea of no contest is sometimes referred to as nolo contendere, which is a Latin phrase meaning "I will not contest." Entering such a plea, in most cases, is similar to pleading guilty, but with a major notable difference. Pleading guilty indicates that the you acknowledge your role in the alleged crime, essentially admitting that you committed the act of which you are charged. As a result, you will be formally found guilty and a sentence will be imposed by the court. In a plea of no contest, however, there is no implied admission or denial of guilt; instead, you generally accept the penalties that would be associated with a guilty plea without officially being found guilty.
State Considering Sanctions Against Medical Marijuana Producer for Marketing Campaign
After nearly two years of bureaucratic delays and litigation over licensing, Illinois finally seems poised to get its medical marijuana pilot program off the ground. Throughout the summer, approved cultivation centers have been preparing their first legally-produced crops in anticipation of harvesting them and making them available to dispensaries as early as this month. A company planning to get into the cultivation business, however, may be in hot water with the state over an announced public outreach campaign.
Public Marketing
Cresco Labs, while looking to open cultivation centers in Joliet, Kankakee, and Lincoln, recently unveiled marketing plans designed to spread the message regarding medical marijuana in print ads, billboards, radio spots, social media, and health publication notices. The more visual advertisements feature the shape of Illinois prominently with healthy lifestyle images, along with messages like "Welcome to a state of relief." The company logo is also present along with a referral to Cresco’s website for more information.
Illinois BAIID Program Can Get You Back on the Road
Following an arrest or a conviction on charges of driving under the influence (DUI), you will likely face at least some period of suspension or revocation of your driving privileges. Being unable to drive can have a profound impact on your ability to continue working, furthering your education, or providing for your children. The state of Illinois, while continuing to take harsh stance against drunk driving, recognizes that, in some situations, getting you back on the road is necessary and offers several relief programs depending on your particular case. Each of them, however, requires the use of a breath alcohol ignition interlock device (BAIID), designed to prevent the occurrence of a subsequent DUI charge.
What is a BAIID?
A breath alcohol ignition interlock device, or BAIID, is essentially a personal breathalyzer. When required, the BAIID is installed in your vehicle, allowing it to control the car’s electrical systems and the ignition switch in particular. Once installed, the device will prevent your car from being started until you provide a breath sample to be analyzed for alcohol content. If your calculated blood alcohol content (BAC) is above a certain level—usually .025 percent—the vehicle cannot be started. The BAIID is also equipped with a camera to ensure the person giving the sample is also the driver. During operation of the car, the device may also require period re-checks, requiring you to pull over and provide an additional breath sample. All data collected by the device is submitted to the Office of the Secretary of State for review, and violations are subject in increased suspensions and possible expulsion from the program.
Retail Theft: Thieves Try to Beat the System with Booster Bags
Shoplifting and other forms of retail theft cost American retailers more than $40 billion annually, a number that has continued to climb in recent years. This is in spite of the fact that more and more shoplifters and dishonest employers are apprehended every year, topping 190,000 in 2014. So how do the numbers continue to rise? Some retailers point to increase in organized retail crime, in which dedicated teams systematically steal from stores and sell the merchandise for profit on internet outlets. Whatever the cause, loss prevention experts are all too familiar with a particular method for getting items out of the store undetected. They are called "booster bags" and are used by shoplifters all over the world to try to beat in-store security systems.
Anti-Theft Blocking
Many retail establishments rely heavily on a tag-based anti-theft device system. Each item has a tag attached to it or placed inside its packaging which must be removed or deactivated before attempting to leave the store. If the tag is not removed or deactivated, sensors installed by the store’s exits will detect the tag and sound an alarm. Booster bags, however, are designed to prevent the alarm from going off.
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