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The number of speeding tickets issued by Illinois State Police troopers has dropped significantly over the past 5 years according to a report by the State-Journal Register. The number of speeding tickets decreased by 40% from 211,857 in 2010 to 126,959 in 2015. In 2016, it is estimated that the Illinois State Police will issue approximately 104,000 speeding tickets.

The article analyzed data through Illinois’ Freedom of Information Act.

While the number of speeding tickets has declined, the number of traffic fatalities is up from 5 years ago. For the first time since 2008, the number of traffic fatalities in Illinois has surpassed 1,000. However, the number of fatalities is significantly lower than 15 years ago. In 2001, there were 1,414 fatalities and in the 1970’s, the numbers were typically around 2,000.

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A  Portable Breath Test (PBT) is commonly used by police officers in the field to establish probable cause to arrest a driver for DUI. Recent Illinois caselaw says that a driver must have a choice to take or refuse a PBT. The driver must provide some form of consent prior to taking a PBT. Although the officer is not required to inform the driver that he or she may refuse the breath test, the driver must have a reasonable opportunity to do so.

In People v. Taylor (2016 IL App (2d) 150634), the defendant was given less than 2 seconds after being told “what I want you to do is take a deep breath and blow…” to question what he was being told by the officer before the officer placed the device at a minimum within 1-2 inches of the driver’s mouth. In fact, the officer testified that he placed the stem of the device directly in the driver’s mouth. The Court found that this did not present the driver with a reasonable opportunity to refuse the test. As a result, the court suppressed the result of the PBT based on noncompliance with the PBT statute.

While a portable breath test may be used to establish probable cause, a PBT result is not admissible evidence at trial. It should be noted that additional procedures must be followed for the use of an evidentiary breath test offered at the police station, which may be admissible at trial.

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“Second chance probation” is a sentence in Illinois that allows certain offenders to clear a conviction from their record after serving at least two-years of probation (730 ILCS 5/5-6-3.4). This law, which became effective January 1, 2014, allows the court to sentence the defendant to probation without entering a judgement. Those who have previously been convicted (i.e. probation or conditional discharge) of any felony offense are not eligible for this sentence. In addition, this sentence is not available for violent offenders or defendants who have previously plead guilty or who have been found guilty of a violent offense. Second Chance Probation may be offered to defendants charged with certain probationable felony offenses such as possession of a controlled substance, possession of cannabis, theft, retail theft, and criminal damage to property.

When a defendant is sentenced to Second Chance Probation, the court will order a minimum period of 24-months probation and defer any further proceedings. Defendants sentenced to Second Chance Probation, in addition to other conditions, may not violate any criminal statute, may not possess a firearm, must make restitution if required, must obtain or attempt to obtain employment, must pay fines and costs, must attend educational courses, must submit to periodic drug testing, and must perform a minimum of 30 hours of community service.

If successful, the court will discharge the defendant and dismiss the proceedings. The defendant may be eligible for expungement of the arrest after 5 years.

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Illinois law allows drivers relocating to Illinois to drive on their valid driver’s license from their home country or state for ninety (90) days. CDL holders have a reduced window of thirty (30) days to obtain an Illinois CDL. “International driver’s licenses” are not valid in the State of Illinois. International driving permits are issued by the driver’s home country and simply translate the foreign license to make it easier for United State’s officials to read. However, international driving permits still fall under the same rules as foreign driver’s licenses and are only valid for ninety (90) days.

Students at Illinois colleges and universities are allowed to drive on a valid driver’s license from their country or home state while enrolled in school. This is also true for the spouse and/or children of students.

International students who wish to obtain an Illinois driver’s license may be eligible to do so. Students with a valid social security number may apply for an Illinois driver’s license. Students without social security numbers may apply for a Temporary Visitor’s Driver’s License (TVDL). TVDLs are issued by the Illinois Secretary of State to those persons unable to obtain a social security number. It is important to note that TVDLs cannot be used for identification purposes.

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Governor Rauner has signed into law a change to the Illinois DUI law involving driving while under the influence of cannabis (marijuana).

Until this change, it was illegal to drive with any amount of cannabis in a person’s system. It did not make any difference if the person was under the influence or impaired by the drug. Additionally, the law did not distinguish between the active ingredient in cannabis (THC) and the inactive ingredient (THC-COOH). It is only the active ingredient that causes impairment. This law was commonly referred to as a ‘zero-tolerance’ DUI law.

Under the new law, it is no longer illegal to drive with cannabis in your system unless you are impaired (under the influence) by the substance. Basically, there are two ways a person can be found guilty under the new law:

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Under Illinois law, the state’s attorney may petition on behalf of a local law enforcement agency, for the seizure of an automotive vehicle when it is used in the commission of any serious felony crime. Whether the petition is granted is solely in the judge’s discretion. In addition to drug crimes, cars may be seized for DUI, driving on a revoked license based on DUI, gambling and stalking. Of the 126 vehicles seized by the Naperville Police Department between 2012 and 2015, only 26 were involved in drug crimes.

Seized vehicles are typically sold at auction but may be used in undercover operations or training. Auction proceeds go to the police department responsible for the arrest as well as the municipality or county where the arrest occurred. Naperville made almost $170,000 off of the cars seized between 2012 and 2015, with almost $17,000 going to the police department.

Last year alone, DuPage County seized 405 vehicles. So far this year, DuPage has seized 189 vehicles, according to a spokesman for the DuPage County State’s Attorney’s Office.

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By the end of July 2016, Illinois driver’s licenses and ID cards will no longer be issued at the Department of Motor Vehicles. Instead, the DMV will be issuing temporary paper cards with a photo on it, which the applicant will have for 45 days while multiple fraud checks are being performed at an off-site state facility. The new cards will be equipped with anti-counterfeiting security that will help prevent individuals from using another’s identity. After these changes are put into place, Illinois will be 84 percent compliant with the federal mandate, REAL ID, which is designed to prevent fraud and identity theft. The new license and ID cards will have a new, upgraded design as well.

Illinois Rolls Out New Design, Process for Obtaining Licenses, State ID Cards, www. nbcchicago.com, May 17, 2016

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Kim Foxx will be the democratic candidate for Cook County State’s Attorney, defeating current State’s Attorney Anita Alvarez. Alvarez came under fire after waiting a year to file murder charges against an officer accused of shooting teenager Laquan McDonald 16 times. Charges were pressed only after a judge ordered the squad-car video be released to the public. Many accused Alvarez of a “cover-up.”

Foxx previously worked as chief aide to the Cook County Board President and worked in the juvenile division of the Cook County State’s Attorney’s office for years. In November, Kim Foxx will face-off against Republican nominee Christopher Pfannkuche.

Dorothy Brown, who is serving her 4th term as Cook County Circuit Court Clerk, will be the democratic nominee in the upcoming election despite the federal probe into her office. While Brown did not have a majority of the vote (48 percent), she dominated over the other candidates, Michelle Harris and Jacob Meister had 31 percent and 22 percent, respectively. In October of last year, the Democratic Party announced they would no longer endorse Dorothy Brown, but would instead endorse Harris. Brown will challenge Republican nominee Diane Shapiro, who ran unopposed.

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According to jail guards at the Lake County Jail, unsafe jail conditions are causing very dangerous situations. A letter to the Chicago Tribune from Cass Casper, senior staff attorney for the union local, states that there is a “substantial risk of the safety of the officers” due to broken elevators and radio systems. The letter alleges nine instances in which the radios or elevators failed from November to January.

Jail guards allege they have been stuck in elevators without the ability to use their radios due to radio “dead zones.” Wait times up to 25 minutes and rescues by ladders have been reported. An officer reported that the response time to an attack in which another officer was grabbed by the throat and thrown to the floor was “severely delayed due to one of the two elevators being nonoperational.”

According to jail officials, the main elevator has been fixed and the radio system will be replaced. Lake County plans to spend more than $7 million to buy a more advanced radio system that should be up and running by April.

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The City of Chicago is rolling out an amnesty program for old parking tickets, red light tickets, back taxes and building code violations. Penalty and collection costs will be waived for eligible tickets. The program begins November 15, 2015 and runs through the end of the year. The program applies to tickets issued prior to January 1, 2012, which are not currently enrolled in a payment plan or part of pending legal activity with the City of Chicago.

To search for outstanding tickets, you may visit www.cityofchicago.org/finance and click “Search for Tickets” or call the City at (312) 744-7275. All eligible tickets must be paid in full by December 31, 2015 to receive the reduction. Any eligible tickets not paid by the deadline will revert to the original amount due.

Chicago amnesty on penalties for old tickets, other debt to start Sunday, www.chicagotribune.com, November 10, 2015