In Illinois, if the state charges you with driving under the influence of alcohol (DUI), your driver's license might be summarily suspended. Defendants can petition the court to rescind the suspension of their driver’s license so that they can drive again at a Hearing before the Court or a Secretary of State Hearing. What happens when the state does not provide a timely hearing? The Appellate Court of Illinois recently addressed this precise issue in People v. Patel, 2019 IL...

Every Illinois resident is required by law to have a driver’s license or a government-issued Photo ID. Before 2005, Illinois residents who did not have a social security number could not acquire a driver’s license. In 2005, Illinois changed this policy to allow documented immigrants who have visas to obtain a Temporary Visitor’s Driver’s License (TVDL) as long as they had a proper visa. This new law allowed spouses and children of temporary workers, long-term visitors, and international students to...

Does Supervision Constitute a Criminal Conviction in Illinois?

posted on 5/3/19

If you have been charged with a misdemeanor offense in Illinois, the court will likely offer you supervision as a sentencing option. Supervision is essentially a deferred dismissal of the...

When can a Student Legally Record a Teacher in Illinois?

posted on 5/3/19

In February 2018, Illinois middle school student Paul Boron used an audio recorder on his cell phone to record a conversation between himself, his principal, and his assistant principal. After...

Long gone are the days of paddling in schools, but some levels of corporal punishment are still acceptable under both Illinois and federal law. The issue of corporal punishment in schools is quite complex, raising multiple constitutional questions. It is even more complicated given the fact that there are different standards that apply according to U.S. constitutional precedent and state statutory law. An Illinois school law attorney can provide specific information, but some answers to frequently asked questions may be...

Over-the-counter medications (OTC) offer quick, cheap, and convenient relief when you get the sniffles, need a caffeine pick-me-up, or are feeling achy. They get their name because they are available without a prescription from a doctor. The FDA has found OTCs to be safe and effective for use by consumers without the need to take them under supervision of a health care professional. Still, OTC drugs are regulated by the FDA and local governments. Many have a high potential of...

Vape Pens and Student Searches at School

posted on 4/21/19

Many people have turned to vape pens as an alternative to smoking tobacco, but the trend is also on the rise among students who use them to inhale marijuana and...

Reinstating a revoked license in Illinois is an overly complicated process. Without the assistance of an experienced attorney, it can be nearly impossible to navigate the red tape. Some of the ways in which Illinois can revoke a driver’s license, the overly complicated process of getting a driver’s license reinstated and the benefits of obtaining a reinstated driver’s license are outlined below. What Types of Offenses Result in a Revoked Driver’s License? In Illinois, a driver’s license will be revoked...

Illinois law states that the crime of battery occurs when a person intentionally or knowingly causes bodily harm to an individual or makes physical contact of an insulting or provoking nature with an individual. Even a light touch that causes no bodily injury can be a battery. Battery is a Class A misdemeanor in Illinois; the maximum penalty is a fine of up to $2,500 and up to a year of county jail time. Aggravated battery is considered a felony...

School drug testing is a relatively new policy in Illinois and throughout the U.S., so students and their parents often raise questions about whether the practice constitutes a civil rights violation. As a teacher, you are in a very different and difficult position. While you should seek advice and more specific information from an Illinois criminal defense attorney, it can be helpful to understand some of the basics behind drug testing in the educational environment. Overview of Fourth Amendment Protections...

Drug testing in schools is a relatively recent constitutional issue, coming before courts more often in the 1980s during the government’s “War on Drugs” and attempts to keep controlled substances out of the hands of children. At its core, drug testing is a form of search, which triggers a person’s Fourth Amendment right to be free from unlawful search and seizure by public officials. Have you been asked to submit to drug testing at school? While you might be concerned...

Though it is important for students to understand how school policies impact their own constitutional rights, parents also have an interest in knowing the effects of these policies on their children. Drug testing is a key issue in recent years as school districts and government bodies implement rules to maintain drug-free school zones. However, drug testing is a form of search, which means it must not violate Fourth Amendment protections against certain actions by public officials. If your child has...

March is a great time to get out of the house, visit with friends, and enjoy some college basketball. Perhaps you decide to celebrate your team advancing in the tournament with a few drinks at the bar. This innocent decision can land you in some trouble if you are pulled over on your way home. If you have been stopped for drunk driving in Illinois, you are probably wondering what happens next. The good news is that at this point,...

Spring is finally here, and with it comes some exciting college basketball. Perhaps you have been out enjoying the tournament, indulging in a few beers with friends. A celebration of your team's victory can end in defeat if you are pulled over by the police on your way home. You probably know that the police can request a breathalyzer or other chemical test to determine your blood alcohol concentration (BAC) in an Illinois DUI case. However, there is a lot...

Many Chicagoans will be celebrating St. Patrick’s Day this weekend, and unfortunately, some of those people will get behind the wheel after having a drink too many. The penalties for DUI are severe under the Illinois drunk driving statutes, but many people do not realize that there are multiple opportunities to fight the charges. The following will cover the various strategies for defending DUI allegations, starting with challenges to the stop by police. If you are pulled over on suspicion...