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Mar 15

DUI |

How to Regain Driving Privileges After an Illinois DUI

After a conviction for driving under the influence (DUI) of alcohol or drugs in Illinois, there is a mandatory period of driver’s license suspension. In the most severe cases, the DUI offender can even have his or her driving privileges revoked indefinitely.

In order to regain driving privileges in Illinois, which is referred to legally as reinstatement, the DUI offender must complete a series of requirements. In general terms, driver’s license reinstatement in Illinois involves the following four steps.

Attend Initial Consultation

The first step toward reinstatement is the initial consultation. This meeting takes place between the DUI offender and an informal hearing officer. The hearing officer reviews the DUI offender’s case file and driving record. Then the hearing officer details all of the documents and requirements necessary for reinstatement.

Satisfy Alcohol and Drug Requirements

For DUI offenders with a suspended or revoked driver’s license, Illinois mandates certain alcohol and [...]

Mar 8

Illinois Court Rules Against Unlocking Criminal Cell Phones

An appellate court determined that an Illinois man charged with illegal drug possession was not required to unlock his cell phone for police investigators, according to a recent decision from Appellate Court of Illinois, Third District.

In terms of specific background information, this legal battle dates back to June 2017. At that time, the Illinois man was riding as a passenger in a vehicle in Rock Island. A law enforcement officer pulled over the vehicle and executed a traffic stop.

During the traffic stop, additional officers arrived with a K9 unit. When the K9 unit indicated the presence of contraband, the law enforcement officers conducted a complete search of the vehicle. As a result of that search, the officers located a prescription pill bottle filled with cocaine powder, a measuring scale with cocaine residue, and approximately 20 individually sized plastic bags.

After locating the illegal drugs and related contraband, [...]

Mar 1

How Does Illinois Define and Penalize Vehicular Hijacking?

Commonly referred to as carjacking, standard and aggravated vehicular hijacking are Illinois crimes that address the immediate theft of motor vehicles. In any circumstance, this type of behavior is illegal under Illinois law. Depending on the circumstances, the Illinois penalties for vehicular hijacking can fluctuate greatly.

Definition of Vehicular Hijacking

The definition of vehicular hijacking appears in 720 ILCS 5/18-3. There are three elements to this offense under Illinois law. In order to qualify as vehicular hijacking, the perpetrator must:

    Knowingly take unlawful possession of a motor vehicle; From the person or immediate presence of another; and Use force or the threat of force to complete the offense.

Penalties for Vehicular Hijacking

Any person who violates 720 ILCS 5/18-3 and commits vehicular hijacking is guilty of a Class 1 felony. The standard Illinois punishment for a Class 1 felony includes a sentencing range of four to 15 years [...]

Feb 22

Illinois Laws Against and Penalties for Growing Marijuana

Even though many U.S. states have already legalized marijuana for recreational use, that is not the case in Illinois at this point. Outside of narrow exceptions, Illinois still prohibits the possession, use, and distribution of marijuana. Moreover, there are specific Illinois laws against and penalties for growing marijuana plants.

Illinois Laws Against Growing Marijuana Plants

720 ILCS 550/8 outlines the Illinois laws against growing marijuana plants. Under this section, it is unlawful to possess or grow marijuana plants. To qualify as a violation, the offender must know — or have a reason to know — that he or she is in possession of or growing actual marijuana plants.

That being said, there is an exception under 720 ILCS 550/11. Specifically, that section authorizes certain people to possess and grow marijuana plants for research purposes. The Illinois State Police is responsible for authorizing the possession and growing of marijuana plants [...]