BLOOMINGTON CRIMINAL DEFENSE BLOG HOME

Jan 16

DUI |

What is a Breath Alcohol Ignition Interlock Device (BAIID)?

In the interest of public health and safety, Illinois law requires driver’s license suspension for any person convicted of DUI. In order to obtain a restricted driving permit, DUI offenders must generally install a breath alcohol ignition interlock device (BAIID) on their vehicle. These devices measure the driver’s blood-alcohol concentration (BAC) before allowing the vehicle to start. 

What are the Rules Associated With BAIIDs?

When a driver is required to install and maintain a BAIID, there are several overarching rules from an administrative standpoint. Specifically, Illinois Administrate Code Title 92 Section 1001.441 requires these drivers to:

    Refrain from operating vehicles without a BAIID installed; Take their vehicle to an authorized BAIID provider for installation within 30 days; Return to an authorized BAIID provider every 60 days for device calibration and data retrieval; Maintain a written log of any unsuccessful vehicle starts, running retests, or other problems; Bring their vehicle
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Jan 10

Legal Primer on Recreational Use of Marijuana in Illinois

On January 1, 2020, the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.) became effective in Illinois. Under this act, it is now legal to possess and use marijuana for recreational purposes in Illinois. This act also imposes specific limitations on the legal possession and use of marijuana. 

Personal Use of Marijuana

410 ILCS 705/10-5 details the new rules for personal use of marijuana in Illinois. Under Section 10-5, it is now legal for people over the age of 21 to:

    Possess, consume, use, purchase, or transport marijuana, subject to the possession limits described in the following section; Cultivate marijuana plants for personal use, if the cultivator is authorized for medical marijuana; and Possess, use, purchase, or transport marijuana paraphernalia or similar devices. 

So long as a person conforms to the Cannabis Regulation and Tax Act, there will not be any civil or criminal charges related [...]

Jan 3

New Illinois Criminal Law Safeguards Places of Worship

On January 1st, a new law will adjust the Illinois Criminal Code to safeguard churches, synagogues, mosques, and other places of worship, according to an article by The Pantagraph. More specifically, this new law amends the statutes governing murder, aggravated battery and assault, and unlawful use of weapons

Introduced as House Bill 38, this measure passed through both houses of the Illinois legislature in less than a year. The governor signed this bill into law on August 9th as Public Act 101-0223, with an effective date of January 1, 2020. 

Once this law becomes effective, several statutes within the Illinois Criminal Code will change, including those relating to first-degree murder, aggravated battery, unlawful use of weapons, and aggravated assault

First-Degree Murder

Moving forward, first-degree murder under 720 ILCS 5/9-1 will include additional provisions. Specifically, it will qualify as first-degree murder if the victim was:

    A member
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Dec 27

Illinois Man Faces Felony Charges for Two Drug Crimes

An Illinois man faces felony charges for unlawful possession of marijuana with intent to deliver and another drug crime, according to an article by The Pantagraph

The 22-year-old man is from the 200 block of West Locust Street in Normal. Law enforcement arrested him with approximately 12 pounds of marijuana and a small amount of psilocybin mushrooms. As a result, the authorities charged this man with:

    Unlawful possession of a Schedule I controlled substance; and Unlawful possession of marijuana with the intent to deliver.

The Illinois man remains in custody at the McLean County Jail, as he declined to post $20,035 in bail. While this man awaits his next hearing, it seems like a proper chance to review Illinois laws against and penalties for unlawful possession.  

Unlawful Possession of a Controlled Substance

Generally speaking, 720 ILCS 570/402 makes it unlawful to possess any controlled substance. Furthermore, Illinois law divides [...]