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Recent Blog Posts
What to Expect During an Illinois DUI Traffic Stop
Driving after consumption of alcohol or drugs is a dangerous action. It can put the driver and those around him or her at risk of injuries or even death. This is why Illinois has strict penalties for those who choose to drive intoxicated.
Illinois State Police officers have the right to pull over any vehicle they suspect is being driven by a drunk driver. Signs that they look for are the car swerving across the road, braking and/or speeding suddenly for no reason, and misuse of car indicator lights.
The DUI Traffic Stop Process
Like any other traffic stop, the police officer will ask for the driver’s license and proof of insurance. They can also ask the driver if they are aware of what they have been stopped for. All the while, the officer is observing the condition of the driver. They are looking for signs that the driver is intoxicated:
- Red, watery eyes
- Slurred speech
Illinois Passes Over 250 New Laws
There have been many changes to Illinois law since the start of the new year. The number of new laws - including laws that have been amended - exceeds 250 and many of them deal with serious criminal charges, traffic violations, and more.
Of course, the law has been talked about the most before and after the new year was the legalization of recreational marijuana. Not only did this law change possession of marijuana charges, but it also annulled several minor possession charges that were committed before 2020.
The New Marijuana Law
The state of Illinois is the 11th state to make recreational marijuana legal. After the first of the year, the state opened several licensed dispensaries where people over the age of 21 can purchase marijuana.
The new law also grants possible pardons to those who were convicted of marijuana possession before the new law came into being. Before the clock struck midnight on Dec. 31, 2019, Governor J.B. Pritzker pardoned 11,000 people who were convicted of possession over 30 grams, but less than 500 grams.
What Does Reckless Driving Mean According to Illinois Law?
Roadways are becoming more dangerous every year. Especially now entering the winter season, it is important for all drivers to travel safely and obey the rules of the road. Any action on the road that is noncompliant with the law can be considered reckless driving which leads to consequences.
Illinois law says that reckless driving is any act while driving a motor vehicle that blatantly puts others in danger of injury or death. These actions are enforced through traffic citations when police officers observe reckless behavior on the streets.
Examples of Reckless Driving
The law is broad when it comes to determining reckless driving. The simple act of speeding can result in reckless driving charges because if someone is driving too quickly, they can easily collide with another vehicle or a pedestrian.
Other examples of reckless and dangerous behavior include:
- Swerving between lanes - with or without indicating
Illinois Rules for Owning and Carrying a Gun
The state of Illinois has a highly specific law regarding gun ownership and concealed carry rules. Guns are legal to carry as long as the owner has the proper paperwork which gives them the right to carry.
Those who illegally carry a firearm will face misdemeanor charges for first offenses and possible felony charges for subsequent offenses. Illegal gun carriers will also face felony charges if they discharge their weapon resulting in injury or death of a victim.
Requirements for Owning and Carrying a Firearm
There are two types of permits that a person needs in order to legally possess a gun in Illinois. Homeowners who wish to possess a firearm for security purposes only need to apply for a Firearm Owners Identification Card (FOID). If a person meets the requirements for the FOID, they can then possess a gun within their home, but cannot carry it out of their home unless it is unloaded and stored inside a proper container.
Understanding Illinois’ Retail Theft Law
Stores have many methods of keeping their merchandise and location safe from thieves, but it can still happen from customers and employees alike. People who attempt to steal from a store will face serious consequences if they are caught. Retail theft may be a tempting idea for people who are desperate for food or clothes, but offenders will be charged with misdemeanor or even felony charges if caught.
What Does the Law Say?
The state of Illinois punishes alleged thieves whether they are a person off the streets or someone who works for the business. It also covers a variety of ways that people can attempt to steal. Most simply grab an item and leave the store, but other types of theft that the law covers are:
- Altering and/or removing labels from items to make them “less expensive” when the cashier rings up the item.
- Taking an item from the container in which it is being stored with the intention of stealing the merchandise.
How Are Drug Dealers Punished in Illinois?
Marijuana will soon be legal for recreational purposes in Illinois, however, there are still specific dispensaries that will sell the drug. Other illegal substances such as opioids and narcotics are not to be sold in the state or brought into Illinois from other states/countries. Selling or trafficking illegal substances is breaking the Illinois Controlled Substance Act, and can lead to a drug crime conviction punishable as a felony. Consequences vary depending on the amount of drugs involved in the violation.
What Is Illinois Controlled Substance Act?
Illinois created the Controlled Substance Act to clearly define what would happen if a drug dealer is caught during a sale or if someone is found trafficking in drugs from other states. The law covers controlled substances, counterfeit substances, and controlled substance analogs.
The Act includes detailed accounts for what type of felony punishments a person can face if they are charged with drug dealing of substances such as cocaine, morphine, methamphetamines, and LSD:
Is There a Difference Between Robbery and Burglary in Illinois?
The state of Illinois does have separate laws in place to differentiate between robbery and burglary. Both are very similar crimes that involve someone breaking into a specific property, vehicle, or business and either taking items or has the intent to steal items.
The act of burglary is defined by Illinois law as a person(s) unlawfully entering a property without permission of the owner with the intent to steal items while on site. Even if no property is taken, a person can be charged with burglary if the intent to steal is proven.
Illinois law defines robbery as a person(s) taking property from another person with the use of force or threat. The law does not cover automobiles, but Illinois does have a separate law for vehicular theft.
Robbery can be boosted to aggravated charges if an offender uses a gun, knife, or other weapon during the crime.
What Are the Punishments?
The majority of the time, bother burglary and robbery are considered Class 2 felonies punishable by a prison term of three to five years. If the victim of a robbery is over the age of 60, disabled, or if the crime is committed in a school or place of worship, the charge is a Class 1 felony punishable by a prison term of four to 15 years.
Using a Cell Phone While Driving Now Considered a Moving Violation
Illinois State Police estimates that every year distracted driving is the cause of more than 1 million crashes. Of those accidents, the economic damages - injury and death - add up to close to $40 billion. This is why Illinois is cracking down on cell phone usage while behind the wheel. The law changed on July 1 and now states that using a cell phone while operating a motor vehicle will be considered a moving violation on the first violation.
What Was the Previous Law?
Before the first of July, drivers who were stopped because of cell phone usage behind the wheel were given a verbal warning that if it were to happen again, they would face a traffic violation. The subsequent traffic stops would result in a moving violation and a fine would be issued depending on how many violations the driver has had:
- First offenses are punishable by a $75 fine.
- Second offenses are punishable by a $100 fine.
Defending Against Construction Zone Traffic Tickets and Fines in Chicago
Illinois has plenty of rules for motorists to remain safe when driving through construction zones. According to the Illinois Highway Safety Plan, motorists are more likely to be injured in a construction zone accident than workers, but the rules are put into place to avoid any accident or injury. Those who do not adhere to the construction zone rules are putting their lives and the lives of the workers at risk. Motorists who are caught will be charged with a commercial driver’s license violation which leads to traffic tickets and fines.
What Are the Punishments for Construction Zone Violations?
Distracted driving is one common violation that can result in a motorist being pulled over and ticketed. If someone is talking or texting on a cell phone, the fine is $75 for first offenses and increases to $150 for subsequent offenses.
Speeding in a construction zone is a ticketed offense whether or not there are workers present. This is because 90 percent of work zone fatalities are motorists and not workers, according to the Illinois Highway Safety Plan. First offenses for speeding in a construction zone are punishable by a minimum fine of $375 and subsequent offenses result in a minimum fine of $1,000. If the subsequent offense happens within two years of the first offense, a motorist will have their CDL suspended for 90 days.
What Are the Penalties for Growing Marijuana in Illinois?
Ten states in the United States plus Washington D.C. have legalized recreational marijuana, but Illinois is not one of them. Though the state may be getting closer to legalizing the substance, it is still considered a drug crime to possess weed. This includes the cultivation of cannabis plants.
There are serious consequences to possession of marijuana charges, but punishments for growing the plants are even worse. According to Illinois law, growing cannabis plants can be a misdemeanor or a felony charge with punishments varying according to the number of plants grown:
- Five or fewer plants: Class A misdemeanor charge, one year in prison and $2,500 in fines.
- Five-20 plants: Class 4 felony charge, up to six years in prison and $25,000 in fines.
- Over 20-50 plants: Class 3 felony charge, 2-10 years in prison and $25,000 in fines.
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