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Understanding Marijuana DUI Laws In Illinois
While medical marijuana is now legal in Illinois for patients who comply with state law, it is still illegal for anyone to drive under the influence of marijuana. Not many people understand, however, the far reaching impact of Illinois’ strict per se drugged driving law. The law forbids people from operating a motor vehicle if they have any detectable level of marijuana present in body fluids.
Strict Standards & Punishments
Opponents of per se legislation argue that just the presence of cannabinoids from marijuana in the bloodstream does not adequately measure impairment. Although ingestion of THC only has an immediate, measurable deleterious effect on performance for up to three hours after use, it stays in the body as a metabolized non-active and detectable substance far longer. Because cannabinoids remain present in both blood and urine for up to 30 days, it is theoretically possible to be charged with a per se marijuana DUI for a joint smoked a month ago (even if done so legitimately under the state’s medical marijuana program).
Parental Responsibility and Underage Drinking in Illinois
If you are a parent who has been linked to a case involving underage drinking or underage drinking and driving, it’s imperative that you seek out an attorney today. Being connected to such a case can have risky consequences for you and your child.
If your child has been accused of underage drinking , then both you and your child will need an attorney to face these charges in court. Individuals under the age of 21 in Illinois can be convicted for violating the Liquor Control Act for the receipt, possession, purchase, or consumption of alcohol, leading to suspension of driving privileges for six months on first convictions. Subsequent convictions will lead to additional consequences.
As an adult, providing alcohol to someone under the age of 21 is a Class A misdemeanor. A parent who knowingly allows individuals under the age of 21 to consume alcoholic beverages inside a private home or other private property can also be found guilty of a Class A misdemeanor. However, do not assume explicit consent or provision of alcohol is all that is required to be found guilty. Adults who fail to control access in the residence where alcohol is consumed by individuals under the legal age where this activity results in bodily harm to someone can be found guilty of a Class 4 felony.
Kidnapping Is a Federal Crime
In 1932, the abduction of Charles Augustus Lindbergh, Jr. became one of the most highly publicized crimes of the 20th century. It led to Congress passing the Federal Kidnapping Act, or the “Lindbergh Law,” which prohibits the illegal transport of babies over state lines.
Illinois Penalties and Statutes
According to Illinois statute, kidnapping occurs when a person knowingly and secretly confines another person against their will by using force, threats, deceit, or enticement. Kidnapping also includes the confinement of anyone who is mentally ill and a child of less than 13 years of age. The state imposes mandatory imprisonment for not less than six years and a fine of up to $25,000. Secret confinement is an essential element of kidnapping. Aggravated kidnapping is a Class X Felony.
Justifiable Homicide in Illinois
In certain circumstances, homicide is justified when it prevents greater harm to innocents. A homicide can only be justified if there is sufficient evidence to prove that the deceased, if not stopped, posed an imminent threat to the life of others.
For an act of murder to become a justifiable homicide, one must prove objectively to a judge, beyond all reasonable doubt, that the deceased intended imminent harm. In this instance, a homicide is blameless. It is also distinct from the much stricter criteria authorizing use of deadly force in a “stand your ground” defense.
Definitions of Justifiable Homicide
Homicide is only justified under the following conditions as decided by a court of law:
Is It Illegal To Carry a Concealed Weapon in the State of Illinois?
As of July 9, 2013, Illinois residents must obtain a Concealed Carry License to carry a concealed firearm in the state. The Illinois State Police Department issues permits for the same. Under both federal and Illinois law, individuals are eligible to apply for concealed firearms permits if they are over 21 years of age, do not have a felony or other disqualifying issue on their record (such as being confined to a mental institution within the last five years), and pass a 16-hour training course.
Non-residents from most other states do not have reciprocity in Illinois. Concealed carry permits issued only by Hawaii, New Mexico, South Carolina, and Virginia currently qualify. Retired police officers who qualify annually under state guidelines are also allowed to carry concealed weapons.
The open carrying of firearms is almost entirely illegal in the state except when hunting, in a fixed place of business with the owner’s permission or in one’s own home. Without a concealed gun license, firearms must also be stored both unloaded and sealed in a case when transported.
9th Circuit Weighs In on Constitutionality of Warrantless Drug-Related Searches
Recently, a judge in the federal district court covering northern California and centered in San Francisco delivered a ruling that will reverberate around the nation’s legal community for some time on the topic of warrantless drug-related searches.
While the decision came as part of a larger case involving medical marijuana patients in California, the implications, as well as the timing, send a message far beyond the circuit itself and, in fact, could be a well-timed legal dart into the overall federal discussion about not just drugs, but fundamental constitutional issues underlying current public policy nationally.
Mere Declaration of a Public Threat Does Not Make It So
The specifics of the decision, which is that warrantless police raids on private homes (for reasons a county had declared “a threat”) violate the Fourth Amendment, should come as no surprise to many. The idea that United States law enforcement and prosecution has become overly draconian in regards to the domestic drug war is widespread.
The Impact of Gibbons v. Ogden on Medical Marijuana Operators In Illinois
Gibbons v. Ogden, the 1824 ruling by the U.S. Supreme Court, is a decision from America’s storied legal past that has suddenly become a part of the national debate once again. The precedent set by this case that has fundamentally shaped American jurisprudence ever since is the idea that federal law takes precedence over state in matters of commercial contracts and assignations, but how could that decision apply to medical marijuana operators?
As state markets claim where federal law will not tread this year, and three states plus the District of Columbia and Guam vote to legalize some type of marijuana reform in November, the questions about federal vs. state pre-eminence has also been a news subject and a topic of debate for both the public and the legal community alike in Illinois and across the country.
Does Ogden have Impact On In-State or Only Interstate Commerce?
Could Your Teen Be Accused of Child Pornography Charges For Swapping Nude Selfies With Friends?
A “selfie” is a digital self-portrait taken with a smart phone or other mobile device and distributed digitally online, usually by and through social media. While the technology is not really new, its use is; it is being adapted to fit a world where pictures often say more than tens of thousands of words. That said, like many aspects of the ongoing digital revolution, which has continued apace for the last 20 years, the first wide spread adopters of such technology and techniques are those within younger generations – in this case teenagers.
And unfortunately, youthful curiosity mixed with technology can and increasingly does lead to legal trouble, sometimes of the federal kind. When selfies are taken by and shared with others (even other minors) that contain any kind of nudity or sexually explicit content, they potentially can violate child pornography laws – which is a criminal and, in some cases, federal liability.
New Aggravated Speeding Charges in Illinois Are No Joke
While those who have never had to face the question may think the distinction is trivial, the difference between being charged with a “petty” speeding ticket and punished with an aggravated speeding offense is dramatic.
In addition, while the speed limit increased from 65 to 70 mph in Illinois, new laws went into effect on January 1 of this year, which reduce the limit from 40 to 35 mph over the posted limits to qualify for more serious and expensive driving penalties.
Petty Speeding Vs. Aggravated Speeding
Petty speeding is what most people think of as the kind of driving that is against the law. In other words, drivers are issued tickets for driving too fast. In fact, under Illinois law, petty speeding is any driving offense where the speed limit is not broken by more than 25 miles per hour. Aggravated speeding is an offense where the speed of the offender’s vehicle is caught traveling 26 miles per hour or more over the posted speed limit.
Illinois DUI Laws Some of the Strictest in the Nation
State law in Illinois is extremely aggressive in its prosecution of drivers who operate a moving vehicle while under the influence of alcohol or drugs. In addition to a zero-tolerance per se driving law for cannabis, drivers are considered impaired if blood-alcohol level is .08 percent or higher. Illinois DUI laws also gives discretion to the apprehending officer to cite drivers for the same if blood alcohol is over .05 percent, but the penalties for drunk driving are not automatically triggered and depend on the decision of a court case (or plea deal).
Statutory Summary Suspension
Per Illinois DUI laws, drivers tested roadside with a blood-alcohol level (BAC) over .08 percent or who refuse testing at the scene will have their driver’s licenses immediately suspended. Drivers will then have 45 days to fight this in court. After that time, if still pending, the suspension is automatically triggered for six months. Those who fail chemical testing will have their driver’s licenses suspended for six months, although DUI laws allow for year-long suspensions which can be imposed for refusal to submit to chemical testing. The full range of DUI penalties depend upon whether it was a first-time offense, or factors such as whether or not bodily harm occurred as a result of the intoxication.
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