Thursday, July 12, 2018

Conor's Law

A new DUI law takes effect in June of 2018, also known as Conor's law.
 
Before Conor's law, any person arrested for DUI in Illinois could be released after posting bond.
 

Once Conor's law takes effect, police can detain anyone under 21 arrested for DUI until the person is sober or a responsible adult picks them up.

Tuesday, July 3, 2018

OUI

If you are behind the wheel of a boat while intoxicated, you can be charged with operating under the influence, or OUI..
An OUI charge is a lot like a drunk driving charge. It is governed under Illinois law, which pertains to “operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof.”

 

If you are convicted of operating under the influence and it is your first offense, you could be found guilty of a Class A misdemeanor. There are other factors that may enhance the charge to a Class 4 felony or a Class 2 felony which carries even more serious penalties. In addition your boating privileges may be suspended. You may be a candidate for supervision.  

Tuesday, June 26, 2018

Supreme Court Upholds Travel Ban

The U.S. Supreme Court ruled a travel ban targeting several Muslim-majority countries and rejecting the argument that it represented unconstitutional religious discrimination.
The 5-4 ruling, with the court's five conservatives in the majority, ended a fierce fight in the courts over whether the policy amounted to an unlawful Muslim ban. Trump can now claim vindication after lower courts had blocked his travel ban announced in September, as well as two prior versions, in legal challenges brought by the state of Hawaii and others.

The court held that the challengers had failed to show that the ban violates either U.S. immigration law or the U.S. Constitution's First Amendment prohibition on the government favoring one religion over another.

Friday, June 22, 2018

Warrant Required For Access To Cellphone Data

The U.S. Supreme Court imposed limits on the ability of police to obtain cellphone data pinpointing the past location of criminal suspects in a victory for digital privacy advocates and a setback for law enforcement authorities.

In the 5-4 ruling, the court said police generally need a court-approved warrant to get access to the data, setting a higher legal hurdle than previously existed under federal law. The court said obtaining such data without a warrant from wireless carriers, as police routinely do, amounts to an unreasonable search and seizure under the U.S. Constitution's Fourth Amendment.

Wednesday, June 6, 2018

Medical pot as a painkiller substitute

     Illinois lawmakers have approved a measure not only to allow medical marijuana to be used in place of prescription painkillers, but also to eliminate requirements for patients to get fingerprints and criminal background checks.
     The change would allow all new applicants to buy medical marijuana from licensed dispensaries based on their doctor's orders, rather than having to wait up to four months for bureaucratic approval.  Patients could no longer be denied based on criminal convictions. This bill has not yet been signed into law.

Monday, May 21, 2018

Emergency Order Of Protection

An Emergency Order of Protection (EOP) is a court order that protects its holder - called the petitioner- from harm by a person named in the order - called the respondent. An EOP takes effect as soon as the judge approves it.
Because of risk of harm, the law does not require the respondent to know about the hearing. This is known as an 'ex parte' hearing.
Because of this, an Emergency Order only lasts for 14 to 21 days. When it issues an EOP, the court sets a hearing date for a Plenary Order.

Wednesday, May 2, 2018

Parental Rights Of Nonbiological Mother

The Illinois appeals court has ruled a woman whose former wife had a baby through artificial insemination has parental rights to the child even though they are not biologically related.  The ruling also applies to opposite sex parents.