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Illinois Lawmakers Consider Two DUI Bills

Posted on in DUI

DUI, repeat DUI, Illinois Criminal Defense AttorneyIllinois lawmakers are considering two different bills which would affect Illinois residents who have multiple drunk driving convictions.

House Bill 3533 would require anyone who has two or more drunk driving convictions to participate in the Illinois’ Breath Alcohol Ignition Interlock Device (BAIID) program for a minimum of five years before their license could be reinstated. The BAIID program was initially enacted in the state in 1994. A driver who is in the program is required to blow into the device, which measures the person’s blood alcohol level, in order for the vehicle to start. The current law does not require offenders to participate in the program. A person who has had their driving privileges suspended for drunk driving can simply wait until the length of suspension has passed and reapply for their license.

The inspiration for HB 3533 was the tragic death of 17-year-old Caitlin Weese, of Elgin, in 2003. The young girl was killed in an accident caused by a drunk driver who had already been involved in several drunk driving incidents.

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license plate reader, camera, Chicago criminal defense attorneyOver the past several years, license plate readers have become a popular surveillance tool for law enforcement across the country. It is a tool most people are not even aware exists.  The readers use small, high-speed cameras to photograph license plates, documenting the date, time, and location of each one. The information is then added to a computer which is linked to other law enforcement data bases, such as those which include arrest warrants or missing persons.

License plate readers can be mounted onto police vehicles or other objects, such as bridges or street signs, making them virtually unnoticeable by passing motorists. Although the readers have proven useful in apprehending offenders, the readers also capture information on people who have no criminal history at all. Many civil rights groups, including the American Civil Liberties Union (ACLU) have come out against the use of readers. Lawmakers have also voiced their opposition to the use of readers, and one Illinois lawmaker has introduced a bill that would limit their use by law enforcement.

The current procedure used by law enforcement allows all the metadata collected from the scan to be kept indefinitely. The concern is that instead of the tool only being used as legitimate way to alert police to vehicles involved in specific criminal investigations, it allows for mass location tracking.

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traffic violations, DUI, speeding, Illinois Defense LawyerMost drivers understand that violating traffic laws can result in citations from law enforcement, the consequences of which typically include monetary penalties and potential suspension of driving privileges. More serious offenses, such as driving under the influence, may even result in probation or prison sentences. What many may not consider, however, is that the conviction of a single traffic violation can be enough to significantly increase auto insurance rates, which can cost a driver thousands of dollars in additional premiums.

Online auto insurance marketplace insuranceQuotes.com recently released the results of study that looked at the impact moving violations can have on insurance rates across the country. The research calculated both national and state average increases for 17 of the most common traffic violations and in doing so, demonstrated the differences in auto insurance regulations among various states.

National Trends

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concealed carry, concealed carry law, Illinois Defense LawyerNearly two years ago, the Illinois became the last state in the country to enact a concealed carry law, which permits appropriately licensed residents to carry a concealed firearm within the state. Enacted in 2013 and taking effect in 2014, the legislation is known as Firearm Concealed Carry Act and supporters insist the law simply recognized rights guaranteed by the U.S. Constitution’s Second Amendment. To members of law enforcement organizations, however, the Act created a whole new set of challenges, which include conducting traffic stops of legally armed Illinois citizens.

Even as the legislation was being drafted and reviewed, law enforcement officials looked ahead to potential dangers. They pointed out that any interaction with an individual legally carrying a concealed firearm would carry an increased risk of escalation simply to due the existence and proximity of the weapon. Kevin McClain, director of the Illinois Law Enforcement Training and Standards Board, acknowledged at the time, however, that law-abiding citizens may just be exercising their Second Amendment right, and that police officers need to be “a little more savvy in approaching someone” so a mutual level of respect can be maintained.

One of the provisions that law enforcement officials were hoping to get included in the concealed carry law was a requirement for legally carrying individuals to announce their permit status during a traffic stop. To the disappointment of some, including Cook County Sheriff Tom Dart, the provision was not enacted in the law. “It was something that we felt strongly about collectively that would help,” Dart said.

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price switching, retail theft, Chicago Criminal Defense LawyerDo-it-yourself checkout lanes are becoming increasingly common in grocery stores and retail centers throughout the country. Self checkout systems allow for retailers to maintain more open checkout lines while efficiently managing staff and payroll concerns. They also provide customers an alternative to waiting in extended lines to purchase just a few items. The convenience they offer may make self checkouts seem ideal for both customers and management, but retailers are finding that the machines may provide some shoppers an opportunity for illegal price switching.

Standard checkout lanes, when in use, are staffed by no less than one cashier per register. Self checkouts, on the other hand, are typically supervised in groups, with a single store employee responsible for as a many as eight separate units. This may not present a problem in most cases, as a vast majority of customers simply scan and bag their items, enter their payment, and are on their way. An individual with other intentions, however, may find the lower level of oversight a situation to be exploited.

Changing tags, or price switching, is a method commonly used to pay less than the appropriate retail price for an item by switching the Universal Product Code (UPC) or price tag with that of a less expensive item. With retailers relying on computerized scanning equipment, items are often scanned and bagged in standard checkout lanes without cashiers paying very close attention to the prices. In self checkout lanes, cashiers are able to devote even less attention to each customer. Thus, it may seem quite easy, for example, to take a UPC from one shirt and switch it with that of a lower-priced shirt. At the self checkout, the switched tag is scanned, the shirt goes in the bag, and the individual pays the lower price, all without attracting notice from the computer system or store personnel.

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