BLOOMINGTON CRIMINAL DEFENSE BLOG HOME

Jul 13

Survey of Three Vehicular Crimes in Illinois

Today’s post will take a deep dive into three different vehicular crimes in Illinois. The first section will explore criminal trespass to vehicles, then vehicular hijacking, and finally, Aggravated vehicular hijacking.

Criminal Trespass to Vehicles

Illinois law under 720 ILCS 5/21-2 defines the offense of criminal trespass to vehicles. A person commits criminal trespass to vehicles if he or she knowingly and without legal authority enters or operates another person’s vehicle.

Criminal trespass to vehicles is generally a Class A misdemeanor in Illinois. The usual penalties for this offense include up to 364 days of confinement, $2,500 in fines, and up to 24 months of probation.

Moving past criminal trespass to vehicles, the next section will address vehicular hijacking.

Vehicular Hijacking

Illinois law under 720 ILCS 5/18-3 defines the offense of vehicular hijacking. A person commits vehicular hijacking if they knowingly use force — or the threat of force [...]

Jul 6

DUI |

Breath Alcohol Ignition Interlock Devices (BAIIDs) in Illinois

There are approximately 12,000 people in Illinois currently driving with a breath alcohol ignition interlock device (BAIID). These devices monitor former DUI offenders to prevent further episodes of drunk driving. To gain a clear understanding of this legal requirement, the following sections will explore several frequently asked questions about BAIIDs in Illinois.

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

These devices are installed on a motor vehicle’s ignition system. In order to start the vehicle, the driver must register a test of their blood-alcohol concentration (BAC). If the BAIID fails to register a test — or registers a BAC of 0.025 or more — then the motor vehicle will not start.

After the initial test, the BAIID requires the driver to submit additional BAC tests at random times. If the driver fails to register or exceeds the established BAC limit, then the car will stop working properly.

A [...]

Jun 29

Appellate Court Challenges Part of Illinois Firearm Laws

Today’s blog will break down a significant appellate court decision that challenges part of the firearm laws in Illinois. Specifically, the Illinois Appellate Court declared that it was unconstitutional to ban loaded firearms from within 1,000 feet of any school.

Factual Background

This case dates back to November 20, 2012. Around 3:15 p.m. on that day, a teacher at a Chicago high school saw a vehicle parked near school grounds. The teacher also saw a man dressed in black and carrying a holstered firearm.

An assistant principal at the school also noticed the man and vehicle near school grounds. After learning from the teacher that the man had a weapon, the assistant principal approached the vehicle. At this point, the man was sitting in the passenger seat of the vehicle. The assistant principal asked if the man was a police officer. The man replied that he was a security guard. [...]

Jun 22

Six Driver’s Rights that Apply to Every Illinois Traffic Case

From minor traffic violations to serious offenses like DUI, there are certain rights that apply in every Illinois traffic case, according to the Illinois Circuit Court. The following sections will explore important considerations for six driver’s rights in Illinois traffic cases.  

Right to Know the Charge

After law enforcement issues a traffic ticket, the driver is entitled to a written copy of the charges. This written copy must provide the following information:

    Full name of the driver; Details of the alleged traffic violation; Listing of the law(s), statute(s) or ordinance(s) allegedly violated; and Date, time, and place of the alleged traffic violation.

Right to Know the Penalty

The penalties for traffic violations in Illinois can change drastically based on the nature of the offense. In every case, the driver is entitled to know the precise nature of the penalties involved. Most traffic cases in Illinois fall into one [...]