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Understanding the Zero Tolerance Law
Underage drunk driving accidents comprise a disturbingly large portion of Illinois auto accidents. Despite the dangers, they continue to be a longstanding problem on the roadways as many underage drivers seem to remain unaffected by the facts. According to the Illinois State Police, about two out of every five Americans will be involved in an alcohol-related crash at some point in their lives, making the need for a proactive approach to underage drunk driving an ongoing, urgent matter.
Legal Consequences: The Basics
Illinois maintains a so-called "Zero Tolerance" law in regard to drivers under the age of 21. As the name implies, a driver not of legal drinking age who is found to have any trace of alcohol in his or her system can be charged with driving under the influence, or DUI. One could argue that not every driver in such a situation is necessarily impaired, but the Zero Tolerance law means that proving impairment is not necessary.
Underage Drunk Driving and Fake IDs
Using a fake identification card and underage drinking and driving are offenses that often go hand-in-hand. While fake IDs are not always the cause for underage, intoxicated drivers behind the wheel, they significantly increase the number of young drivers able to obtain alcohol, more easily enabling them to drive after they have been drinking. Whether you have been involved in the distribution or carrying of an illegal ID, or have simply used your personal identification to purchase and distribute alcohol to someone under the legal drinking age, you are at risk for a variety of penalties under Illinois law.
Penalties for Possessing and Using a Fake ID
If you are caught using a fake ID, you will face the loss of your driving privileges for up to one year. Additionally, you can be convicted of a Class A misdemeanor or a Class 4 felony if you do any of the following:
- Lend someone your license;
The Zero Tolerance Law in Illinois
According to the Illinois State Police, approximately forty percent of Americans will be involved in an alcohol-related crash at some point in their lives. Underage drunk driving accidents account for a large portion of these auto accidents. The need for a proactive approach to underage drunk driving is an ongoing problem.
Legal Consequences of Drinking and Driving Underage
Illinois maintains a "Zero Tolerance" law for drivers who are underage (under the age of 21). This means that a driver who is not above 21 years old who is caught driving with any trace of alcohol in their system can be charged with driving under the influence. Underage drivers do not need to be impaired in order to be charged with a DUI. Put another way, young people who drink and drive do not need to have a blood alcohol level of .08% or above in order to break the law. Legal consequences of a conviction for drinking and driving while underage include loss of diving privileges for a minimum of 2 years, a fine of up to $2500 and possible imprisonment for up to a year for the first conviction. A second underage DUI conviction will result in 48 hours mandatory jail time or 10 days of community service, the loss of driving privileges for a minimum of 3 years, and possible imprisonment for up to a year. A third underage DUI conviction is a class 4 felony. Those convicted face a fine of up to $25,000, a maximum of 3 years of prison time, and the loss of driving privileges for 6 years or more.
The Legal Definition of Theft in Illinois
Theft is one of the most common crimes in Illinois, but many people do not actually understand the law behind it. The law of theft is surprisingly complex because theft in Illinois is such a broad crime. It covers mugging, pickpocketing, and shoplifting among other types of theft. The legal framework used to cover this crime is found at 720 ILCS 5/16-1. That section of Illinois law lists the basic elements that make up theft, as well as the aggravating factors, which are specific circumstances that increase the severity of the crime in the eyes of the law.
Basic Theft in Illinois
At its core, the law defines theft as taking unauthorized control of another person's property. In the past, the law used to make distinctions about the methods used to take control. For instance, it considered taking by threat of force to be a different crime than taking something by deception. Some jurisdictions still operate under these rules, but for the most part Illinois has abolished them. In Illinois, theft is all the same, regardless of whether someone uses the threat of force, deception, or simply takes something.
Budget Cuts Lead to Closing of Illinois Auto Theft Task Forces
Law enforcement agencies around the state have been forced to shut down stolen vehicle task forces over the last several weeks as a result of budget manipulations coming out of Springfield. An executive order issued by Illinois Governor Bruce Rauner in January froze hundreds of millions dollars in state funds determined to be non-essential spending, including $6 million originally collected from state drivers’ auto insurance premiums to fund the auto theft investigation teams.
Task Force History
In 1991, the state legislature passed the Illinois Motor Vehicle Theft Prevention Act, which statutorily created the state’s Motor Vehicle Theft Prevention Council, as a well as a trust fund from which the council and its efforts would be funded. The source of funding was never intended to be tax dollars; instead, the initiative was to be subsidized by insurance carriers at the rate of one dollar per auto insurance policy sold in the state. As a result of the act, regional auto theft task forces were established to investigate stolen vehicle cases, which, in turn, were expected to reduce fraudulent insurance claims and payments.
Retail Theft: Employee Theft Costs U.S. Retailers More than Shoplifting
In most retail establishments, the battle against retail theft is visibly obvious almost immediately. Strategically placed video cameras, anti-theft packaging, and security tags with their corresponding detectors at the door all seem directly aimed at thwarting would-be shoplifters from leaving the store with merchandise they did not purchase. While such efforts may indeed by necessary, a recent study indicates that retailers may face an even greater threat when it comes to stolen merchandise—their own employees.
Merchandise lost to shoplifting, theft, employee or supplier fraud, and administrative error is referred to as shrink in the retail industry. As retailers around the world and across the country continued their anti-theft efforts last year, The Smart Cube and retail loss-prevention expert Ernie Deyle conducted an annual research project to analyze the effects of shrink on the global retail market. The study, funded by inventory management group Checkpoint Systems, found that lost or undervalued merchandise cost retailers worldwide more than $128 billion USD.
What is Theft by Deception?
There are many ways to obtain money or property to which you are not entitled. Many of these, under Illinois, are considered crimes of theft. You may be familiar with some of the common types of theft, including shoplifting and stealing, but there is another category of such offenses that more closely resembles what many would consider fraud. This type of theft is known as theft by deception, and such charges can carry serious criminal penalties and consequences.
As opposed to simply stealing money or property, as in retail theft, or forcibly taking it from another, as in a robbery, theft by deception is generally accomplished by misleading the victim in some way. Most commonly, the victim willingly gives money or property to the perpetrator under the belief that the payment is required or will result in a beneficial business arrangement.
Retail Theft: Thieves Try to Beat the System with Booster Bags
Shoplifting and other forms of retail theft cost American retailers more than $40 billion annually, a number that has continued to climb in recent years. This is in spite of the fact that more and more shoplifters and dishonest employers are apprehended every year, topping 190,000 in 2014. So how do the numbers continue to rise? Some retailers point to increase in organized retail crime, in which dedicated teams systematically steal from stores and sell the merchandise for profit on internet outlets. Whatever the cause, loss prevention experts are all too familiar with a particular method for getting items out of the store undetected. They are called "booster bags" and are used by shoplifters all over the world to try to beat in-store security systems.
Anti-Theft Blocking
Many retail establishments rely heavily on a tag-based anti-theft device system. Each item has a tag attached to it or placed inside its packaging which must be removed or deactivated before attempting to leave the store. If the tag is not removed or deactivated, sensors installed by the store’s exits will detect the tag and sound an alarm. Booster bags, however, are designed to prevent the alarm from going off.
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.
Comparing Petty Theft and Felony Theft in Illinois
There are two basic types of theft one can be charged in the state of Illinois: petty theft and felony theft. One may sound less severe than the other, but both can have lasting implications for the accused. Learn more about these classifications of theft, their consequences, and what you can do to fight back against the charges.
Defining Theft in Illinois
The Illinois Criminal Code defines theft as intentionally or knowingly depriving an owner of their property. The includes all manner of theft, such as obtaining or exerting unauthorized control over an owner or their property, deceiving another to gain unauthorized control over their property, or using threat or force to obtain control over another’s property. One can also be charged with theft if they obtain or exert control over assets that they knew had been stolen—buying stolen goods, for example.
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