BBB
Justia Lawyer Rating
Yelp
National Collegue for DUI Defense
AVVO
Illinois State Bar Association
Expertice

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.

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.

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

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

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

A Louisiana media outlet discusses the increasing use of social media to raise immediate awareness anytime a new DUI checkpoint is set up. The article describes the notification of roadblocks as ‘Cheating Checkpoints’. While the Supreme Court has upheld such roadblocks (despite the lack of reasonable suspicion or probable cause to believe a crime has been committed) others would call it a public service by alerting those who have committed no crime and believe that this type of police conduct violates their civil liberties. However, the law REQUIRES that for such roadblocks to be constitutional the police must give ADVANCE NOTICE. This is a another example of media ignorance.

Cheating Checkpoints: Facebook page alerts BR drivers to DWI checkpoints, www.fox44.com, April 30, 2014

Democratic Illinois lawmakers are calling for the creation of a task force to pursue decriminalizing and regulating marijuana in the state. The proponents of the task force highlight the burden on the criminal justice system and the high costs of enforcing drug laws.

John Fritchey, Cook County Commissioner, says he will introduce a resolution on May 21st which will ask the General Assembly to create a task force aimed at legalizing the drug in Illinois. The task force would research the issue and eventually propose legislation to regulate the recreational use of marijuana. He notes that the process will take time and changes will not come about in weeks or months.

Starting in 2012, Chicago police have been given authority to issue citations to individuals caught with possession of up to 15 grams of pot. These changes have alleviated some burden on the Cook County jail system but more substantial changes are necessary.

Chief Keef (real name Keith Cozart) was charged earlier this month with driving under the influence of drugs by Highland Park police. According to authorities, on March 5 at approximately 12:40 a.m., Keef was pulled over in the 2600 block of Skokie Valley Road for an expired registration on his Jeep Grand Cherokee. Police allegedly smelled an odor of burnt cannabis during the traffic stop. Keef was charged with DUI after reportedly failing field sobriety tests.

Keef was also charged with driving on a suspended license, operating an uninsured motor vehicle and expired registration. He was released the following day after posting a $300 bond. Keef’s arraignment on the new charge is scheduled for April 11 at the Waukegan Courthouse.

This incident comes after Keef recently completed a 90-day mandatory drug rehabilitation program in California.

Des Plaines has settled with the Illinois Department of Transportation, agreeing to pay $92,000 for allegedly faking DUI arrest numbers to increase grant-funded overtime pay. The Sustained Traffic Enforcement Program requires that police departments submit the number of DUI arrests and the blood alcohol levels of those arrested. The department is then reimbursed for officer overtime pay, mileage and equipment. An investigation in 2012 was prompted when city leaders informed IDOT that some allegedly fraudulent DUI arrests had been submitted as part of the program. From 2009 to 2012, DUI arrests were inflated by 122 according to authorities.

Des Plaines was paid more than $115,000 in the year prior to the investigation. That amount was the third highest STEP grant in Illinois. Thirteen members of the department were penalized with suspensions and criminal charges were filed against Timothy Veit, the former commander in charge of the program. Veit pled not guilty to one felony charge of making false statements – his case is still pending.

Des Plaines to pay IDOT $92,000 to settle police grant case, www.chicagotribune.com, February 19, 2014

Former Illinois State Police Trooper Matt Mitchell was denied driving relief by the Secretary of State once again after revocation stemming from his involvement in a fatal crash. According to Mitchell’s attorney, the hearing officer recommended driving relief only to have the decision overruled by a Secretary of State official in Springfield. His attorney believes that due to the high profile nature of the case, the Secretary of State is concerned with bad publicity. Mitchell would like to find work and have the ability to drive his 11-year-old daughter to school. His attorney has filed a request for administrative review in Jefferson County court.

Mitchell was involved in a November 23, 2007 crash which resulted in the death of two sisters. Mitchell’s squad car reportedly crossed the center line into oncoming traffic on Interstate 64. An investigation determined that the vehicle had been traveling at 126 mph while Mitchell was on his cell phone and typing on an in-dash computer. He was heading to an accident scene. In 2010, Mitchell pled guilty to reckless driving and was sentenced to 30 months probation. He plans to continue to apply for reinstatement.

Mitchell’s attorney outraged his client can’t get license back, www.bnd.com, February 6, 2014