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Recent Blog Posts
App Could Reduce Number of DUI Arrests During Holiday Season
A new service hit the market just in time for last year&s holiday season, aimed at reducing the number of drunk drivers on the road. As the holidays roll back around, the app, BeMyDD, continues to allow drunken party revelers to contact a team professional, fully-insured drivers who will drive a person and his or her car home for a mere $25, plus mileage.
Safety and Technology
The app, which first launched in Cleveland in 2010, was rolled out in Chicago at the beginning of December 2014. It also allows users to hire a driver for the entire evening, with a two-hour minimum time commitment. While there are several other car services vying for the attention of people who are unable to drive home, BeMyDD is different because it allows for people to use their own vehicles, rather than relying on an unfamiliar car. A spokesperson for the app said in a press release that, "between unpredictable prices and unprofessional drivers, the working professional and luxury set would rather rent a professional driver to drive their own cars for an important night on the town."
Training Police as Guardians, Not Warriors
Every few weeks, it seems, a new report or viral video of police-related violence against a criminal suspect takes over the public consciousness. It could be a shooting, allegations of excessive force, or even a death that creates major controversy in the headlines regarding the role of law enforcement and the factors that contribute to dangerous situations. In response to major concerns, an alternative method for training police officers is beginning to gain traction again, focusing on law enforcement’s role as protective guardians, rather than as conquering warriors.
Controlling Conflict
The effort has been underway in the Pacific Northwest for the last three years, as police recruits undergo such training at the Washington State Criminal Justice Training Commission. The Commission provides a different atmosphere than one might expect: no boot camp environment and no exercises focused on using weapons or violence to force a suspect to submit. Sue Rahr, executive director of the program, pointed out, "In most situations, it’s better if officers know how to de-escalate, calm things down, slow down the action."
Getting Technical: Traffic Stop Setups
A federal judge in nearby Iowa recently upheld a traffic stop even though the defendant was only traveling 1 mile per hour (mph) over the speed limit and was apparently set up by police officers. The decision is not binding authority for criminal law cases in Kane County, but prosecutors may use it to persuade judges to uphold borderline stops or seizures when the defendant files a motion to suppress evidence.
Facts
In United States v. Fuehrer, Dubuque County Sheriff’s deputies had been spying on the defendant for quite some time; they suspected him of being a drug dealer. When they learned the man would be traveling on Highway 151, they set up a radar speed trap. A deputy claimed that his radar recorded the GMC Jimmie travelling at 66 mph in a 65 mph zone. Once the vehicle was pulled over, a drug-sniffing dog was on the scene a mere two minutes later, and officers seized a substantial quantity of methamphetamines.
Do You Know What Is in Your Criminal History?
If you have ever been arrested, regardless of the outcome, details of the arrest are probably still on your criminal record. Even if your criminal history can be summarized by "college kids doing stupid college stuff" and you were never convicted, prospective employers and other entities may find the records during a routine background check, potentially causing you problems that you never saw coming. Fortunately, there is an option available to many individuals that can help provide a fresh start, allowing them to put the past behind them once and for all.
Get a Copy of Your Rap Sheet
Many believe that the term rap sheet originated as an acronym for a Record of Arrest and Prosecution sheet. It seems, however, that the reverse is actually true, and that the phrase developed from street slang, and convenient acronym was, in a manner of speaking, retrofitted. Whatever the origin, it is important to be aware of every item on your criminal history. To do so, you will need to request a copy of all applicable rap sheets, including from local, state, and federal agencies, depending on your circumstances.
New Law Eliminates Driving Relief Waiting Period for First-Time Offenders
Previous posts on this blog have discussed, in fairly significant detail, some of the relief programs available to drivers whose driving privileges have been suspended for failing or refusing a blood alcohol content (BAC) chemical test related to the suspicion of drunk driving. Such programs have been made increasingly available to Illinois residents, as state officials shift their focus to addressing the behavior that leads to driving under the influence (DUI), and less on harsh consequences that end up creating more illegal activity. In keeping with the ongoing trend, a new law set to take effect on January 1, 2016, makes a number of changes to the state’s existing guidelines regarding driving relief programs, including the elimination of the 30-day "hard time" period for first-time offenders.
Current Standards
When a driver fails or refuses a BAC test, such as a breathalyzer, during a DUI stop, the Secretary of State’s office automatically suspends that person’s driving privileges. A first-time offender faces a suspension of six months for a failure and 12 months for a refusal. Repeat offenders will have their privileges suspended for 12 months for a failure and three years. Currently, a first-time offender is eligible for driving relief after 30 days, as long he or she is granted a Monitoring Device Driving Permit (MDDP) and installs a breath alcohol ignition interlock device (BAIID) on his or her vehicle. MDDP relief is not currently available to those who fail or refuse a second or subsequent time.
Petition Calls for DEA Chief’s Resignation Over Medical Marijuana Remarks
The acting head of the federal agency tasked with enforcing the nation’s laws against illicit drug use is under attack after comments he made to reporters last week regarding the use of marijuana for medical purposes. Acting Administrator of the Drug Enforcement Administration (DEA) Chuck Rosenberg ignited a major controversy in a briefing that coincided with the release of the 2015 Drug Threat Assessment Summary, which showed an increase in illegal drug use for most substances, with the exception of cocaine. The report also observes that the use of marijuana is still technically illegal under federal law, despite decriminalization and medical marijuana legislation being passed in various states.
No Joking Matter
In his statements, Rosenberg took offense to the idea that marijuana could be medicinal, "because it’s not," he said. "We can have an intellectually honest debate about whether we should legalize something that is bad and dangerous, but don’t call it medicine—that is a joke."
Embezzlement, Murder-for-Hire Allegations Come to Light after Officer’s Death Ruled a Suicide
The death of a veteran police officer in the Lake County, Illinois, village of Fox Lake sparked a massive manhunt in early September. Police departments from around northern Illinois, the Illinois State Police, local and federal SWAT teams, and at least half a dozen air support units were all tasked with finding the three men thought to be responsible for gunning down the police lieutenant. The search eventually turned up empty, and police officials now know why. In a press conference this week, Lake County Major Crimes Task Force Commander George Filenko announced that an extensive investigation has produced overwhelming evidence that the officer’s death was a "carefully staged suicide," designed to look like he had been killed in the line of duty. It seems as if allegations of embezzlement and conspiracy to commit murder may have led the officer to believe he had run out of options.
Responding to a Traffic Citation
For many people, an occasional traffic ticket is viewed as little more than one of the costs of a driving a car. They make their car payments, pay their insurance premiums, and, once in a while, pay a fine for speeding or running a red light. Others, however, take traffic violations much more seriously, and, to a certain extent, rightly so. Accumulating too many citations can lead to the suspension of your driving privilege, creating serious challenges to your ability to work, travel, and care for your family. It is important to understand your rights and responsibilities when you have been issued a traffic citation, and a defense attorney can help you through the process.
Sign and Drive
Prior to 2015, being cited for a traffic violation meant that you could be forced to surrender your driver’s license to the issuing officer as security that you would respond to your ticket. Your license would be returned if and when you paid your fine, appeared in court to dispute the citation, or provided a cash bond at the police station in place of your license.
How Does Drug Court Work in Illinois?
Judges, prosecutors, criminal defense lawyers, and lawmakers recognize the problems drug addiction causes in our communities. Many Illinois counties, including DuPage County and Cook County, are turning to drug courts to help addicts, improve neighborhoods, and take pressure off the criminal justice system. Drug courts work inside of the normal criminal court system, but give defendants the chances to avoid going to jail, and sometimes even a criminal conviction. It also provides the tools to help the defendant overcome addiction.
Who is Eligible for Drug Court?
Drug court is for non-violent defendants charged with certain drug offenses. Each county has a different set of rules about who is eligible for drug court and most courts require a defendant to apply for the program. During the application process, the case criminal case is still active, but the proceedings are postponed. A certified professional will evaluate a defendant during the application process.
Thieves Using New Technology to Commit Burglary in Keyless Cars
Keyless entry systems, and on many models, push-button ignitions have become major selling points on late-model cars. The convenience of not having to manually enter a key in the lock or the steering column is very attractive to many new car buyers. It turns out, however, that thieves also appreciate the convenience of keyless entry systems and are now exploiting them to gain access to locked vehicles—and the valuables inside.
The Search for a Mystery Device
As incident reports of damage-free vehicle break-ins began to mount throughout North America over the last several years, law enforcement officials and security experts have been hesitant to draw conclusions regarding the thieves’ exact tools. Numerous witnesses recount seeing the perpetrators remove a device from a backpack or bag and just open a car door. Some assumed that the device was a brute-force transmitter, which tried hundreds or thousands of possible radio signals and frequencies to find the one that matched that particular vehicle. The National Insurance Crime Bureau issued simply issued warnings about a "mystery device" that emulates a key.
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