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Recent Blog Posts
Speeding in a School Zone Could Result in Jail Time
School is back in session, which means that many residential areas are suddenly much quieter during the day and homework clutters kitchen tables in the evening. As families with school-aged children get back into the swing of the school year, drivers throughout Illinois must take extra precautions when driving near school buildings as speeding in a school zone could result in hefty fines and points on their driving record. If a driver is going fast enough, he or she could even face time in jail.
Be Aware of School Zones
According to Illinois law, school zone speed restrictions may be put in place around any public, private, or religious elementary school, middle school, or high school. The law also applies to all types of nursery schools. During the school day—defined as between the hours of 7 a.m. and 4 p.m. when school is in session—drivers may not exceed 20 miles per hour when “passing a school zone or while traveling on a roadway on public school property or upon any public thoroughfare where children pass going to and from school.”
Navigating Driver’s License Suspension and Reinstatement
A revoked or suspended driver’s license can create a major inconvenience or hardship. It makes getting to work or school, caring for family members, and performing other daily tasks almost impossible to complete. Fortunately, the state of Illinois has a process in place that allows drivers an opportunity to pursue and gain driver’s license reinstatement.
Reasons Your License Can Be Suspended
In Illinois, when your driver’s license is suspended, you will receive a letter from the Secretary of State’s Office instructing you to surrender your license. There are a number of reasons why a license suspension may occur, including:
- Receiving three or more moving violations in a 12 month period.
- Failing to appear in court for a moving violation, or otherwise resolving the issue prior to your court date.
- Receiving 10 or more parking violations.
- Being photographed by automatic cameras running a red light five or more times without paying the fines associated with the violations.
Beyond a Reasonable Doubt - The Standard in Criminal Proceedings
The presumption of innocence is a cornerstone of the American legal system. When an individual has been charged with a crime, he or she is Innocent until proven guilty. Criminal defendants often face serious punitive consequences, including the death penalty. Therefore, the burden of proof is highest in criminal cases -higher than in any other area of the law. Though capital punishment is no longer used in Illinois, criminal convictions can still result in life-altering consequences for those charged. The standard of proving guilt beyond a reasonable doubt ensures that only the guilty are convicted.
Legal dramas on television often lead viewers to believe that the victim of a crime must press charges against the perpetrator. However, this is not entirely accurate. Victims can file a police report and cooperate in the prosecution of an offender, but the government is who decides whether or not to pursue a conviction. The prosecution may be handled by a United States Attorney in federal court or by the State’s Attorney in any Illinois County. If a prosecutor files formal charges against a suspect, the burden of proof is on the prosecution. The term “burden of proof” means the obligation to prove one’s allegation. So, the attorneys for the government must prove beyond a reasonable doubt that the defendant is guilty of the crime he or she is accused of committing. A defendant is not required to prove his or her innocence in the same way—or at all.
Nurse Arrested for Refusing to Allow Police to Take Patient’s Blood
Footage from the body-cam of a Salt Lake City police officer recently went viral, causing a massive, national debate over the behavior of law enforcement in stressful situations. In the video, a nurse at a Salt Lake City hospital can be seen arguing with a police detective about his request to take blood from an unconscious patient. For many, the video raised serious questions about whether such blood draws would violate a person’s rights. As it turns out, however, the United States Supreme Court has largely answered the question already.
The Disturbing Footage
The incident took place in late July, but the video only become available a little over a week ago. The video was taken by body-cam of an officer who was at the hospital, as well as from footage taken by hospital security cameras. The footage shows a staff nurse refusing to allow a police detective to draw blood from the unconscious victim of a car accident. The nurse tells the detective that blood cannot be taken unless the patient gives consent, the police have a warrant, or the patient is under arrest.
Understanding Probable Cause and 4th Amendment Searches
Television shows and movies may create a false picture of what it is like when someone is served with a search warrant by law enforcement. Many citizens are left with the impression of a polite knock on the door, presentation of the warrant, and then entry by police. While, in reality, that may happen from time to time, the truth is that conducting searches is not always as simple as what is shown on the screen.
What Makes a Search Legal?
The 4th Amendment protects citizens from an illegal search and seizure of property. This requires that, in most cases, law enforcement obtain a search warrant prior to conducting a search. To secure a search warrant, a judge must be convinced there is probable cause for police to enter private property.
Because the 4th Amendment does not define “probable cause,” that burden falls to the courts. One commonly shared explanation of the term is as follows:
Illinois Bail Reform Enacted
Earlier this summer, Illinois Governor Bruce Rauner signed the Bail Reform Act. The new statute, which went into effect immediately after the signing, is said to be an attempt at alleviating overcrowding in county jails, and a form of relief for those unable to afford the bail amount for minor and nonviolent offenses.
Opponents of the old “cash bail” system claim it is unfair, and make the argument that it favors defendants charged with violent crimes who have money over the indigent or destitute who are charged with nonviolent crimes.
What the New Law Changes
Is Uber Really Preventing Drunk Driving?
Around the country, ridesharing services like Uber and Lyft have become immensely popular, especially among younger adults. It is very easy to open a smartphone app, tap a few times, and have a car arrive to pick you up exactly where you are. These services have proven to be extremely convenient, even in cities with reliable mass transportation like Chicago. Unlike the “L,” Uber and Lyft offer door-to-door service, and it is often much quicker and cheaper to call an Uber than it is to find a taxi. But, what about Uber’s claims that the service is reducing drunk driving in the areas it serves? Is there any truth to them?
The real answer is that it is hard to say for sure. While there are indications that drunk driving fatalities have gone down in many cities, there are countless variables to consider, and the arrival of Uber is merely one.
Conflicting Studies
A recent study from the City University of New York found that since Uber began service in New York City in 2011, there has been a drop in alcohol-related accidents of up to 35 percent compared to areas not served by Uber. That is not an insignificant number, especially considering the immense population of the Big Apple. That study’s author acknowledged that the trends point to Uber helping the nation’s drunk driving issues but said that more evidence is needed to prove it.
Concealed Carry Applications on the Decline in Illinois
In 2014, Illinois became the last state to allow gun owners the right to carry concealed firearms, and while a large number of concealed carry permits were issued that year, applications statewide for these permits have been on a steady decline, aside from a slight increase in 2016. The exception to this trend, however, is that a greater number of citizens residing in rural areas are submitting applications for legal concealed carry of a firearm.
Conceal Carry by the Numbers
It should be noted that the analysis of these trends does not differentiate between the year an application is submitted and when the permit was issued, should those events occur in separate calendar years. However, according to totals provided by the Illinois State Police, which oversees processing, issuing and revocation (if necessary) of concealed carry applications and permits, the numbers for Illinois since the law was enacted are as follows:
Illinois Traffic Fatalities are on the Rise
Recent news reports about the rate of traffic fatalities presented mixed results for drivers in the state of Illinois. While fatalities involving drunk drivers fatalities involving drunk drivers continue to decrease, the overall number of deaths due to traffic accidents is on the rise in Illinois and across the country.
Drunk Drivers and Drunk Driving Deaths
Twenty years ago, the Illinois legislature passed a statute that lowered the permissible blood alcohol content (BAC) for drivers from .10 to .08. That law took effect just prior to the 4th of July holiday in 1997. A few facts about the law impacting driving under the influence include:
- Prior to the law change, Illinois experienced over 500 deaths in crashes where at least one driver had a BAC over .08.
How to Respond to an Order of Protection
Domestic life is filled with ups and downs. Under the very worst conditions, disagreements between couples sometimes result in threats or acts of intimidation or violence, be they physical or verbal. This could result in one party obtaining an order of protection against the other, which is a court-issued order prohibiting those accused of violence from contacting and/or being near the alleged victims.
Three Types of Protection Orders
Generally speaking, there are three types of protection orders:
- An Emergency Order of Protection provides immediate protection to domestic violence victims, and it may stay in effect until the hearing for a plenary order (which is protective order that lasts for a longer period of time). A hearing for a plenary order will take place within 14-21 days of being issued an emergency order of protection.
