A ordinance passed this week in the city of Chicago reduces the penalty you’ll face if you are caught in possession of marijuana. The change follows similar such ordinances in several large cities across the nation. Now, if you are found in possession of less than 15 grams (or a half-ounce) of marijuana, police can issue a ticket rather than arresting you. [Read more…]
Illinois Hispanic/Black Drivers More Likely to Be Ticketed and Searched
New numbers released from the Illinois Department of Transportation reveal what many minorities already knew—that Hispanic, Black, and Asian drivers are more likely to be ticketed and more likely to be searched when stopped by police. As a result, the ACLU has called on the U.S. Department of Justice to review how the state police handle such searches. [Read more…]
ACLU Suing Over Illinois Eavesdropping Act
In Illinois it’s illegal to record a police officer acting in the line of duty even though they can record you. According to Adam Schwartz with the American Civil Liberties Union, “It’s an unfair and destructive double standard.” In an effort to prove that the ACLU filed suit in federal court to challenge that law.
The Illinois Eavesdropping Act makes it a crime to record any conversation without consent from everyone present. The ACLU states the act violates the First Amendment to the U.S. Constitution and that people should be able to record (especially police) while acting in the line of duty. [Read more…]
Questions About New Illinois Drunk Driving Law
Even Illinois county prosecutors have questions and concerns about the implementation of Illinois’ tough new drunk driving laws, that goes into effect in January ’09.
In this article, prosecutors are openly skeptical about whether or not this requirement for Breath Alchohol Ignition Interlock Devices, will curtail people from driving. The BAIID doesn’t allow a person’s car to start unless they blow into a device – essentially a rolling breathalyzer – and pass the test.
One of the primary concerns is whether this law will actually reduced incidents of drunk driving. Will the people who are the most dangerous and most likely to continue to drive after drinking actually abide by the restriction? A person could either simply not get the device installed (and obviously not have a valid license) or could still borrow a vehicle from another person.
The Interlock system creates a large bureaucracy with the motor trade insurance around this law – and a significant profit center for BAIID installers and manufacterers, so it would be nice if everyone was confident it would help.
An additional concern raised by the DUI prosecutors in the article is the cost structure. Many courts have difficultly collecting fines and fees after DUI convictions as it is. There are numerous court fees and payments, including probation costs, that the court tries to collect.
Is this just setting poor and working class people up to fail? If a person absolutely has to drive to keep a job, does that mean he or she get an IID and skip paying court fees, that could result in a probation violation? Or do you skip the ignition interlock, and drive without one, risking a new criminal charge for that offense?
These concerns are legitimate, and everyone should be confident that the benefits of this new law will outweigh the costs and difficulties for the Illinois courts and our citizens.
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Charged with drunk driving? For a free consultation on Illinois new DUI laws, please contact us today.
Driving Under The Influence Surveys & Subjective Definitions
A recent national drinking and driving survey stated that 16.5% of Illinois residents admitted to driving while “under the influence of alcohol”. The national average was 15.1%. The Midwest region tends to be the highest area of admitted drinking and driving.
Both numbers seem very high, which raises serious questions about how the survey was conducted, and how the question was asked. “Under the influence of alcohol” may mean very different things to different people. It could mean under the influence of a safely, reasonably, and legal amount of alcohol in many cases.
The survey didn’t specify legally impaired under the law. If the question had been asked “Have you committed a crime of DUI and gotten away with it” I’m sure the answers would have been different.
Is Illinois really a state where more than 15 out of 100 people are admitted lawbreakers?
Surveys like this are certainly good for business for MADD, crusading anti drug driving legislatures, and manufacturers of ignition interlock devices. But do they really help inform or protect the public, and does the result of the outcry actually reduce drunk driving rates?
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For help with an Illinois DUI charge, please contact us for a case evaluation and free legal consultation.
Deputies keeping score on DUI arrests in McHenry County.
Sheriffs deputies are commended for the most DUI arrests in McHenry county. On the surface, it certainly seems like a positive idea if the officers are simply vigorously and diligently enforcing the law. But it poses a number of interesting questions:
- Are the arrests of the same quality? Do the people arrested get convicted at the same rates as those by officers who aren’t putting in these kinds of numbers? It it possible that these officers are simply arresting everyone, but maybe their arrests are only convicted at a 25% rate, whereas the overall rate is 75&. Those numbers are completely made up, but it would be interesting to know if many of these arrests are on weak evidence.
- Are there financial incentives involved? Certainly the fees and fines collected are good for the state. Does the bonus money trickle down to the officers in the form of promotions, additional overtime, or more direct payments?