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Recent Blog Posts
DUI - Understanding Standardized Field Sobriety Tests
When you have been pulled over on suspicion of driving under the influence (DUI), the officer has several tools at his or her disposal for determining your estimated level of impairment. The officer will observe your posture, speech patterns, and overall demeanor, looking for indications that you have had too much to drink. You may also be asked to take a preliminary breath test—one that is not necessarily admissible in a criminal trial, but a test that can still be used against you at your license suspension hearing.
Prior to being arrested, it is also likely that the officer will ask you to participate in a series of assessments known as the standardized field sobriety tests or SFSTs. It is important to know that you are permitted to refuse all standardized field sobriety tests and you are also able to refuse any request by the officer to take a breath test, whether it be a portable breath test or the “official” test at the police station after your arrest.
Synthetic Opioid Fentanyl: The Drug Driving the Nation’s Opioid Abuse Epidemic
Communities across the nation are dealing with unprecedented rates of drug abuse and fatal overdoses in alarming numbers. Law enforcement and government officials have gone on record referring to the problem as an epidemic that reaches from coast to coast. While the use of drugs in general is on the rise, one particular class of drugs known as opioids is causing more than its fair share of issues. Opioids include prescription painkillers such as OxyContin, Vicodin, and Percocet, as well as street drugs like heroin. Many experts now believe, however, that one prescription opioid—known as fentanyl—is now at the root of the problem.
What Is Fentanyl?
As a synthetic opioid, fentanyl is typically prescribed for patients dealing with severe pain. It was first developed in 1960 and entered the market as an aesthetic. The drug is currently sold under the brand names Actiq, Duragesic, and Fentora. Prescription strength fentanyl is estimated to be up to 100 times more powerful than morphine and up to 50 times stronger than heroin.
Know Your Rights During a Traffic Stop
There is quite a bit of information floating around telling drivers what they can do if stopped by police. Videos on the Internet claim to illustrate a driver’s rights if pulled over by police, and Social Media accounts post bulletins and other materials related to that same issue. The best thing a driver can do is read information from reliable sources and ask questions from knowledgeable professionals.
Some Facts about Traffic Stops
Traffic stops vary. For example, being pulled over in traffic differs from law enforcement officials conducting a DUI roadblock. It is important to understand the limitations of law enforcement in these different situations and when motorists are required to comply with certain requests. Here are a few things to know:
- The United States Supreme Court ruled that a roadside sobriety checkpoint does not violate the 4th Amendment, which prohibits intrusions on one’s privacy. If you are asked to pull to the side of the road at a checkpoint, you should comply.
Can the Police Search My Cell Phone?
When a person is arrested on the suspicion that he or she committed a crime , he or she has certain rights. You are probably familiar with some of them, including the right to remain silent, the right to have an attorney present during questioning, and the right to a trial by a jury of his or her peers. Other rights may sound familiar, but you may not know exactly what they guarantee.
For example, the Fourth Amendment to the U.S. Constitution guarantees the right of citizens to be free from unreasonable searches and seizures. But, what does that mean? What is unreasonable search? Does that mean the police cannot search me at all during an arrest? In today’s digitally connected world, this question is often raised in regard to police searches of cell phones and other mobile devices.
Supreme Court Ruling
In 2014, two separate cases —Riley v. California and United States v. Wurie—made their way to the United States Supreme Court. The cases were similar enough that the high court heard them both at the same time. Each case involved a criminal defendant whose cell phone was seized and searched incident to arrest. The search in each case yielded photos, data, and other evidence that was subsequently used in the investigation and the prosecution of the defendants.
Medical Marijuana Program Continues in Illinois
Over the last several years, Illinois lawmakers have approved several measures that have changed the state’s approach to marijuana. While they did not go so far as to legalize recreational use of the drug, low-level possession is no longer a crime, and individuals who have been duly registered with the state are legally permitted to use the drug on a medical basis. The state’s medical marijuana program has been somewhat controversial, but it still remains a legal option for those who qualify.
A Quick Review
In August 2013, then-Governor Pat Quinn signed the Compassionate Use of Medical Cannabis Pilot Program Act which took effect on January 1, 2014. The Act laid the groundwork for a new medical marijuana program that was set to lest four years, as a sunset provision in the law would automatically repeal it on January 1, 2018. As growers and dispensaries applied for permits from the government, however, lawsuits and red tape did not allow the first patients to legally obtain marijuana for medical purposes until November of 2015.
The Benefit of Completing a Diversion Program in Illinois
The news often features reports of celebrity defendants who check themselves into drug or alcohol rehabilitation programs in an effort to gain leniency when faced with the prospect of criminal charges. In some instances, a judge may grant a defendant an opportunity to redeem themselves in order to avoid a stricter sentence.
The use of diversion programs is a strategy that allows some defendants to receive help in exchange for less severe or dropped charges.
Examples of Diversion Programs in Illinois
Many diversion programs are geared toward juvenile offenders in an effort to help reduce the number of incarcerated youth. Examples of diversion programs and state initiatives created to help offenders avoid severe penalties and obtain the help they need to reduce the likelihood of becoming a repeat offender include, but are not limited to:
Applying for and Obtaining an Illinois Concealed Carry Permit
In 2013, the Illinois legislature voted to override then Gov. Quinn’s amendatory veto and approved the state’s first Concealed Carry Act. The Illinois Firearm Concealed Carry Act allows duly licensed and thoroughly vetted individuals to carry concealed handguns (both loaded or unloaded).
The concealed carry policy includes a stringent list of criteria and thorough application process to ensure concealed carry permits are issued to responsible and law-abiding gun owners.
Am I Eligible to Apply for a Concealed Carry Permit?
Illinois residents must meet a list of established criteria even before initiating the application process. Eligibility rules for residents of Illinois are:
- Must be at least 21 years old
- Have a valid Illinois Firearm Owner’s Identification Card (FOID)
Legalization of Switchblades in Illinois Awaits Governor’s Signature
The long-standing ban on spring-assisted or switchblade knives could soon come to an end should a new bill recently passed by the Illinois state legislature be signed by Governor Bruce Rauner. Currently, in Illinois, any person who knowingly makes, sells, possesses, or uses a switchblade knife is subject to a charge of unlawful use of weapons.
The ban on switchblades was enacted more than 40 years ago. While the use of a one-handed knife can be convenient for some laborers, the item was categorized alongside weapons such as brass knuckles, throwing stars, and a ballistic knife. Even the mere possession of these items is considered a violation of the law.
Potential Outcomes of the New Law
A change in state statute that would result in the legalization of switchblade knives was initiated when one Illinois legislator met with a constituent who wanted to manufacture a new style of spring-assisted knives but could not do so in Illinois because of the existing statute. The new law sent to the Governor provides for the following:
DUI Suspension in Illinois? Are You Eligible for the MDDP?
Over the last few months, several posts on this blog have talked about different ways in which you could have your driving privileges suspended in the state of Illinois—most of them related to driving under the influence (DUI). Make no mistake about it; a license suspension is always a serious matter. But, did you know that you could possibly be permitted to drive even if your license has been suspended? Not every driver will qualify, but if you are eligible, the state’s Monitoring Device Driving Permit (MDDP) program could get you back on the road sooner than you may have thought possible.
Why the Program Exists
Prior to 2009, a person whose license had been suspended as the result of his or her first DUI conviction or a failed blood-alcohol content (BAC) test could apply for a judicial driving permit. He or she needed to prove that the suspension imposed an undue hardship on his or her life, and approval was left to the discretion of officials from the office of the Secretary of State.
Illinois Concealed Carry Laws: Shall Issue vs. May Issue
There is little question that gun laws in Illinois are still among the toughest in the nation. While it may not be evident based on the amount of gun violence reported on the streets of Chicago and other Illinois cities, the reality is that the illegal possession or use of a firearm can lead to severe criminal penalties. In addition, a conviction on weapons charges could follow an individual for the rest of his or her life.
Firearm Owner’s Identification (FOID)
To legally own a firearm in the state, an individual must apply for a Firearm Owner’s Identification (FOID) card through the Illinois State Police (ISP). The ISP has the authority to review all applications, and if the applicant meets the qualifications provided by law—which include age, residency, mental health, criminal background, and drug use criteria—the State Police will issue him or her a FOID. A valid FOID is also required for most gun transactions as well.
