ILLINOIS APPOINTS MARIJUANA DECRIMINALIZATION TASK FORCE

Following the lead of other states, Illinois lawmakers are developing a task force to investigate and research legalizing and regulating marijuana use in the state.  The task force will be proposed on May 21st and the purpose is to investigate the costs and process of legalizing marijuana, as well as begin drafting a law decriminalizing the use of it to be proposed at a later date.

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HOW DOES THE NEW MARIJUANA LAW AFFECT DUI LAW?

On January 1, 2014, Illinois passed a new allow allowing the legalized use of marijuana for individuals with the appropriate permit issued from the Department of Health. However, how does this affect the existing Illinois law which prohibits any marijuana from being in a person's blood while operating a motor vehicle.  This new law will allow driver's with the permit to have marijuana in their blood as long as they are not impaired.  But there is a downside for such drivers.  In return, they must submit to physical performance tests as requested by law enforcement, and the failure of such can result in a license suspension.  Drivers without the medicinal marijuana permit are not required to submit to such tests and do not face suspensions for refusing or failing the test.

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LICENSE REINSTATEMENT AFTER FOURTH DUI IN ILLINOIS?

A new law is currently being proposed that would allow Illinois drivers to apply for license reinstatement after a fourth DUI.  The current law only allows reinstatement for drivers with three or less DUI's.  There are many people on both sides of this debate, with some arguing that once an individual is convicted a fourth time, his driving privileges should be permanently rescinded.  Others contest that people will continue driving even without a license so reinstating them with restricted driving privileges will allow the state to track their progress through a BAIID device as well as any follow subsequent violations.

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CHICAGO RAPPER CHARGED WITH DUI

Chicago rapper Chief Keef was pulled over early this morning for an expired registration on his vehicle when the officer smelled burnt cannabis.  Chief Keef reportedly failed a sobriety test and was subsequently arrested and charged with DUI as well as driving on a suspended license and operating an uninsured vehicle.  He court date is currently set for April 11 at the Waukegan court house.

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BRENT SENTENCED TO JAIL AND PROBATION

Ex-Dallas Cowboy and University of Illinois football player Josh Brent was sentenced to six months in jail and 10 years of probation for his part in the fatal DUI crash in late 2012.  Brent was convicted of intoxicated manslaughter under Texas laws for driving his former teammate, Jerry Brown, with a blood alcohol level of .18, more than twice the legal limit, when his Mercedes crashed, killing Brown. 

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LICENSE SUSPENSION FOR DRIVER UNDER 21

For drivers in Illinois who are under the age of 21, be aware that your driving privileges will be automatically suspended upon receiving two moving violations within the same 12 month period.  If you do receive a second moving violation, do not pay the associated fine, but rather, contact an attorney who may be able to obtain supervision or community service on your behalf.  This will prevent the second ticket from becoming a part of your driving record and your license will remain active.  While the cost of an attorney will likely be more than the cost of the ticket, many drivers believe it would be worth it to maintain their driving privileges.

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WHAT NOT TO DO WHEN YOU ARE PULLED OVER FOR SUSPICION OF A DUI?

Many people are unfamiliar with their rights when they have been pulled over by police under suspicion of a DUI.  There are certain things you should not do, and we have listed some below that are most often ignored by drivers:

1. Do NOT try to flee or drive from the scene.  This will only make matters worse and will likely result in harsher penalties and fines.

2. Do NOT say anything to police.  After pulling you over, the police officer's job is to determine if there is probable cause that you were driving under the influence of alcohol or drugs.  He or she will do this through your speech, smell, look, and balance.  They will encourage you to keep talking to either entice you to state something incriminating or to further evaluate your condition.  Nothing positive can come from speaking with an officer, and it can often hurt you.

3. Do NOT resist arrest.  Resisting arrest can be read as an indication of guilt, and could also result in additional charges against you such as assault.

4. Do NOT panic.  Even if you are arrested, you have not been convicted of anything and you do have rights.  Continue to maintain your silence and contact an experienced DUI attorney as soon as possible to discuss your case.  The sooner the better.

For additional questions or information, contact our attorneys below:

http://www.westmontattorneys.com/Traffic-DUI/