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As part of its DUI statute, Illinois has a provision that provides that any amount of cannabis or controlled substance in a driver’s system may be the basis for a DUI charge. This is the only part of Illinois DUI law that permits a charge of driving while under the influence – even if there is no evidence that the person was impaired or intoxicated.

The most commonly cited example of the law is the person who may have smoked marijuana days or weeks earlier and then is stopped for a minor moving violation or as a result of an accident. If the officer has any reason to believe that the person had smoked marijuana at some point, the officer may seek testing. Often the situation arises in the case of an accident where the person was injured, taken to a hospital and testing is conducted, revealing the presence of a by-product of marijuana, called a ‘metabolite’.

The most recent example of the absurdity of the law is the case of Scott Shirey. In December 2011, Mr. Shirey was driving with his two young twin sons in his car. While driving, he was broad-sided by another vehicle and one of his children was killed and his old child was severely injured.

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Former West Harvey-Dixmoor Elementary District 147 Superintendent, Alex Boyd Jr., 67, was sentenced to two years probation after pleading guilty to two counts of official misconduct for stealing $78,000. Boyd was originally charged with 20 felony counts of theft and official misconduct. He was accused of stealing approximately $500,000 by making unauthorized purchases and withdrawals from a school district-funded life insurance policy, receiving unauthorized cash to purchase a tax-exempt annuity, and being paid for vacation and sick days that he did not have. Boyd’s defense attorneys contended that his actions were permitted under his contract with the school district. Felony charges were also filed against former board secretary Mable Chapman alleging that she helped Boyd steal from the district. Today, those charges were dropped.

The investigation regarding Boyd’s actions started in 2005, when the Chicago Tribune reported school board members spent $100,000 on travel and restaurants. It was later discovered that the district could not account for or misspent $2.2 million dollars in grant money. The state’s attorney then seized the district’s financial records and searched Boyd’s home.

In Boyd’s final years as superintendent, he was paid a salary of approximately $250,000. He retired in 2011 and was given a $192,000 a year pension, which is the fifth highest pension for a retiring public school teacher or administrator in Illinois.

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Authorities announced today that a former McHenry County police officer, Ryszard Kopacz, of Wauconda, faces new felony charges for selling drugs while on duty. Kopacz, 30, was arrested days after beginning his job with the Richmond Police Department. He was charged with official misconduct, burglary, and possession of stolen guns.

When Kopacz was first charged in July, he was accused of going door to door in his police uniform, soliciting prescription drugs from elderly residents. Kopacz was also charged with burglarizing the Hebron Police Department, his previous employer, and possessing two stolen rifles.

As of today, Kopacz can add five additional counts of official misconduct to the list. He is accused of delivering marijuana on four separate occasions, between February and June, to an informant while “acting in his official capacity” as a Hebron police officer. He is also now charged with unlawful acquisition of a controlled substance based on the allegation that he obtained hydrocodone through “misrepresentation, deception or subterfuge.”

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A new Illinois law eliminates the requirement that drivers post their license as bail for certain traffic tickets. The “Sign and Drive” law (Senate Bill 2583) permits the driver’s signature on the traffic citation to guarantee their appearance in court or payment of required fines.

Under the new law, the Secretary of State may still suspend the driving privileges of those drivers who fail to comply with the citation. Driver’s are no longer required to hand over their driver’s license, which for many is the only form of identification they carry. The new law, signed by Gov. Quinn on Saturday, is effective immediately.

Drivers won’t need to hand over license as bail for traffic offenses, www.chicagotribune.com, August 10, 2014

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A Highland Park doctor faces allegations of issuing a fake medical cannabis eligibility form to a 79-year old patient. According to the Illinois Department of Financial and Professional Regulation, Dr. Joseph Starkman met with the patient for 35 minutes and promised to mail him a certificate for use at an Illinois licensed cannabis dispensary based on a previous glaucoma diagnosis.

Starkman did not perform an eye exam on the patient according to officials and was allegedly paid $250 by the patient for his services. In reality, physician certificate forms are not available yet and Illinois-license physicians are not legally able to certify patients for the purchase of cannabis. No licenses have been issued for growing or dispensing cannabis in Illinois. Starkman faces a possible license revocation, suspension, fine or probation.

Doctor could lose license over fake cannabis eligibility form, www.chicagotribune.com, July 28, 2014

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ABC 7’s I-Team investigated the TVDL application process whereby undocumented immigrants can apply for an Illinois driver’s license. According to the story, there are reports of “appointments-for-sale” schemes targeting these individuals.

All applicants are required to schedule an appointment with the Secretary of State. Due to extremely high demand, appointments are not readily available. Applicants are frequently unable to get through by phone or online. An official at the Secretary of State’s office estimates that between 250,000 and 500,000 illegal immigrants are interested in applying for a TVDL. Approximately 90,000 people have either already applied or are scheduled for an appointment. The Secretary of State estimates that it may take three years to work through the pool of applicants.

The Illinois Attorney General’s office is reportedly investigation complaints of driving schools charging undocumented immigrants to obtain an appointment. Would-be applicants are allegedly paying hundreds of dollars to individuals promising to obtain appointments on their behalf. The Secretary of State and Attorney General are asking for any information relating to the sale of TVDL appointments.

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The Joint Committee on Administrative Rules (JCAR) meets today in Chicago to discuss the rules governing the Illinois Medical Cannabis Pilot Program. The law has been passed, but patients are still unable to legally use the drug.

If JCAR has no objections to the proposed rules, growers, retailers and patients will be able to begin the application process. Patients are expected to be able to apply for a registry identification card beginning in September. Applications for growers are expected to be released around the same time. State officials will then begin the process of granting permits for growers and dispensaries. 60 permits are available for dispensaries, and 21 permits are available for cultivation centers. A nonrefundable application for of $5,000 for dispensaries and $25,000 for cultivation centers will be imposed by the state. If approved, the dispensary registration fee is $30,000, while the growers permit fee is $200,000.

Approved patients are expected to begin using medical marijuana early next year. The Marijuana Policy Project estimates that about 10,000 people will become registered patients. There are still concerns about the impact of the new law on cannabis-related DUI throughout Illinois.

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On Sunday, Governor Pat Quinn signed a bill into law restricting police departments from imposing ticket quotas on officers in Illinois. The Governor stated that officers should “not be forced to ticket motorists to satisfy a quota system” and explained that the new law will “prevent motorists from facing unnecessary anxiety when they encounter a police vehicle.” The new law applies to all ticket types including traffic tickets (i.e. speeding tickets) and parking tickets. The new law even extends to hunting and fishing citations.

Effective immediately, officers in Illinois cannot be required to issue a certain number of citations within a specific timeframe. The new law also prohibits a county or municipality from comparing the number of tickets issued by one officer to another officer for purposes of evaluating job performance. While critics argue that the law restricts departments from holding officers accountable for performance, supporters believe the law allows officers with the freedom to do their job protecting the public.

Gov. Quinn signs bill banning ticket quotas for police, www.suntimes.com, June 15, 2014

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On Wednesday, the Illinois House unanimously passed legislation out of committee that would allow those with a lifetime revocation based on DUI to apply for a restricted driving permit (RDP) before the Illinois Secretary of State. Those offenders with four DUI convictions would be eligible five years after losing their license or their release from prison. These repeat offenders would need to demonstrate three years of sobriety, complete treatment programs, and drive with a BAIID device (Breathalyzer) at all times. The Alliance Against Intoxicated Motorists supports the legislation, believing that legalizing drivers who may otherwise drive illegally and uninsured in order to provide for their families. The RDP would only allow the individual to drive during specific hours and for specific purposes (i.e. work). The bill now moves to the full House for consideration.

Plan to ease DUI penalties advances in legislature, www.sj-r.com, May 14, 2014

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Illinois passed a bill in August legalizing medical marijuana and dispensaries are expected to open in 2015. Illinois will issue permits for 60 dispensaries throughout the state, a relatively low number of permits compared to other states. Aside from heavy competition, strict regulations and high costs are going to make it extremely difficult to survive the application process and enter the market. Applicants must have $400,000 in liquid assets, and upfront costs are expected to run approximately $60,000 including application fees, legal costs and consultants.

The applicant is also required to go through a fingerprint background check, full disclosure of previous bankruptcy, defaults on student loans, child support or alimony, and prior tax returns. Applicants must also submit a plan for all aspects of their business including patient education, security measures, and design.

Want to open a marijuana dispensary in Illinois? It will cost you, www.stltoday.com, May 13, 2014