Recent Blog Posts
Fatality Caused by Drunk Driving
A fatality can be a life-changing experience for any loved ones left behind. It is especially heart wrenching if the death was sudden and unexpected, such as in a traffic collision. It can be equally life-altering for those accused of causing the accident. If driving under the influence is the contributing factor found in the investigation, two sets of lives may be altered forever.
The Situation
After a long work week, you and your spouse decide to go out to dinner. You both order a glass of wine and begin catching up like old times. By the time dinner arrives, your wine is gone, and you decide to have another. With laughter, you accidentally spill some red wine on your white dress shirt. The sun has gone down, and it becomes evident that it is time to get home. However, on the way home, there is construction, and the lights are blindingly bright. You do not see the temporary lane shift on the highway, and you and an oncoming car collide. The accident results in severe injuries, and the other driver passes away as a result.
DUI Arrests Are Public Knowledge
You probably had a realization at the moment you saw the police lights in the rearview mirror that a change was about to happen. Anxiety may have developed for the unknown and the uncontrollable as the officer approached your window. If you were drinking before you got behind the wheel of the vehicle, the stress perhaps was even greater. A DUI could change the course of your life not only because of the punishments involved but also because it becomes a matter of public knowledge until it is expunged or sealed.
There Are No Secrets Anymore
Gossip used to be the primary method anyone used to shovel up dirt on someone else. However, with the growth of social media and other informational resources, the information is available for anyone to discover without speaking to anyone or even leaving the house. Unless you are considered to be high profile, the information is not located on billboards or the nightly news, but the information is easily obtained. Several methods of learning about DUI arrest records are:
Growing Your Own Medical Marijuana
Illinois is one of the states that has legally approved the use of marijuana as a medicinal tool. However, under current regulations, to legally use the product, there are limited methods of obtaining cannabis prescribed by a physician. For many citizens, the cost of purchasing from a dispensary and even on the black market are too high, and they seek an alternative route to get the help the need. Growing the product at home is certainly the most cost effective, but doing so carries an increased risk of drug charges.
The Law on Growing Marijuana
The Medical Cannabis Project is in a constant state of flux. In most cases, the changes coming to the program are beneficial to the public. For instance, Governor Bruce Rauner signed SB 2228 on July 29, 2016, which instantaneously and effectually decriminalized possession of small amounts of marijuana. However, there are a few details of the project that still need to be reconsidered, such as the inability to grow your plants legally. Currently, the penalties are as follows:
Illinois Weapons Law
Controversial as the topic of gun control is right now, there is a constitutional right to bear arms. Illinois rates as a B+ for firearm safety regulations, which inevitably means that it is harder to own a firearm in Illinois than other states with lower scores. The higher standards exclude a significant portion of the population from the purchase of firearms. If you are eligible for gun ownership, there are limitations on the weapons you may possess. Citizens not following these regulations often face weapons charges.
Disqualifiers to Purchase
To legally purchase or otherwise own firearms or ammunitions, the Illinois Department of State Police (DSP) must issue a Firearm Owner’s Identification (FOID) card. The process necessary to obtain a FOID is designed to weed out unqualified individuals due to safety concerns to themselves or others. The limitations that may result in ineligibility are:
Is Ignorance of the Law a Valid DUI Defense?
Many often say that ignorance is bliss. The phrase is used notably either about the period before any devastating news was received or when others know the truth of a circumstance and the person living in it is unaware and happy in their non-reality. This term also has applications in a variety of legal settings. However, can ignorance of the law be used as a defense for DUI in Illinois?
Ignorance as a Defense
In limited circumstances, ignorance or a misunderstanding of the law is applicable as a defense. As with any defensive strategy, the details surrounding the event are key elements. If the questioned behavior is not obviously wrong, this may be an avenue to consider when planning defense cases. Ignorance potentially may be a solution if the following qualifications are satisfied:
- The questionable facts had been what they reasonably believed them to be would have made the action legal,
Losing Your CDL Privileges
When your income is dependent on your driver’s license, it is imperative that it remain up-to-date and valid at all times. When commercial driver's license (CDL) holding drivers see flashing lights behind them, they understand that it is not just a speeding ticket they may face, but the entirety of their career may be on the line. Therefore, it stands to reason that these drivers may be interested in a solution to dispute charges and keep their driving privileges.
How to Earn a CDL Suspension
To know how to avoid penalties, you must first understand the various behaviors that can potentially be punishable by a suspension upon entering a guilty plea. These charges include:
- Excessive speeding, 26 mph or more over the speed limit,
- Following too closely,
- Railroad crossing violations,
Can Calling 9-1-1 Get You into Trouble?
When an emergency arises in which you need the assistance of a first responder (i.e. police, fire department or paramedics), it is in your best interest to call 9-1-1. The operator has direct communication with the personnel you need and will stay on the line with you until assistance arrives. The 9-1-1 system is a useful resource, one that does have limited capabilities based on the number of operators available. The same holds true for all of our emergency responders. If you were to call without a real emergency, you might face charges for disorderly conduct.
How It Causes a Problem
Many dispatch centers have a limited number of operators available to answer phones. They have all heard their share of off-the-wall phone calls, including but not limited to:
- A cheating boyfriend,
Stealing Internet Is Theft
By definition, stealing is taking possession of something that is not yours, regardless of tangibility. The idea of saving money by taking ownership of something that you did not purchase is not a new idea, however with the birth and growth of virtual items, the list of things available to steal has also grown. Now, the Internet is nearly essential to function in daily life, requiring a monthly internet bill that some budgets cannot cover. Therefore, hacking into someone else’s wi-fi network seems like a valid option. However, this is still a form of theft that can get you into trouble.
Why Is It Stealing?
The Internet is seemingly unlimited, without a visible ownership due to the nature of the product. While some individuals do actively invite complete strangers to use their internet connection by leaving their network open without a password, the majority of the population leans toward their privacy. There are a variety of reasons for people to limit the usage to people they know, including:
Out-Of-State DUI Convictions and Driving in Illinois
For many Americans, moving from one state to another is a chance to start brand new. Moving is an opportunity to leave the person you were behind and to create a new beginning. Occasionally the past can leap out and bite us when we least expect it. What if one of the hidden details from the past is a DUI conviction? How would that affect your standing now that you have moved to Illinois?
The Circumstances
Two different DUI scenarios exist in which what happens in the other state will have a direct impact on an Illinois driving record. These scenarios are:
- You are a legal resident of Illinois and are traveling to another state, or
- You are are a new resident to Illinois from another state.
In either situation mentioned, Illinois will likely be notified if you are the recipient of a DUI charge. Additionally, Illinois will discover if there was a refusal to submit to chemical testing (blood, breath, or urine) and any results to breathalyzer testing. Sharing information between states is a common occurrence because a large number of states belong to the Interstate Compact Agreement.
Second Chance Probation FAQs
Everyone makes mistakes. Some are small and some can be life altering. While we cannot go back and change what has already been done, we can, however, learn from our mistakes and move on. This theory is the driving force behind Illinois’ Second Chance Probation, a probation alternative to a conviction.
What Is Second Chance Probation?
For those clients who have never been in trouble with the law before, there may be a multitude of foreign legal terms to learn. Second Chance Probation should be something you push to the top of your list to research. Under certain circumstances, those who have never been previously convicted of a felony offense, or granted a special diversionary program in lieu of another punishment, may be eligible to receive this special probation. If the probation period is completed and all of the terms have been met satisfactorily, then a conviction will be withheld.
