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Can I Refuse a Blood, Breath, or Urine Test if I Have Been Pulled Over in Illinois?

posted on 8/10/19

We have all seen police arrests on popular television shows, but many people have never faced arrest personally. Have you ever thought about what you would do if you are pulled over by a police officer under suspicions that you are driving under the influence of alcohol or marijuana? What if you know you have not had any alcohol or marijuana? Can you refuse to allow the police to take a blood or urine sample? Can you refuse a breathalyzer...

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How Does Illinois Test Drivers for Marijuana Use?

posted on 8/10/19

Imagine that you are over at a friend's house, and you decide to partake in some marijuana after dinner. You feel fine an hour later and do not think you will have any problem driving. After getting into your car and beginning to drive home, you see the telltale flashing lights behind you. You are worried about facing a driving under the influence of drugs charge, but you are sure you did not smoke enough marijuana to be impaired. What...

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Does Legalizing Marijuana Increase or Decrease Public Health and Safety?

posted on 8/4/19

Imagine that you are a marijuana dealer in Illinois, a state that recently legalized marijuana. Since Illinois residents can obtain small quantities of marijuana legally as of January 1, 2020, your marijuana purchasing clients may no longer come to you for weed. In many cases, drug dealers in states with legalized marijuana are beginning to sell harder illegal drugs. Many are delving further into the black market of selling legal marijuana to customers living in states that have not legalized...

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Will Illinois Abolish Cash Bail?

posted on 8/4/19

It is an easy scenario to consider: A young man gets into a scuffle with another young man over a simple disagreement. A neighbor sees this fight and calls the police. The police then arrest the young man and charge him with assault and battery. He is now at the local jail and is eligible for release on bail, but he only has $500 to his name. Instead of being free to leave, he is stuck in jail until he...

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Local Illinois Governments to Decide Where Residents can Legally Use Marijuana

posted on 7/28/19

Imagine going out to dinner in Chicago on a Friday night in April 2020 after a long day of work. You decide to eat at a new Asian fusion restaurant with your significant other. After dinner, you walk along the river and choose to enjoy smoking some marijuana. Is that legal? As of January 1, recreational smoking marijuana will be legal, but you will not be able to smoke it everywhere. Marijuana enthusiasts rejoiced when the state of Illinois legalized...

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Mayor’s Negative Comments Further Strain Her Relationship with Chicago Police Officers

posted on 7/28/19

The relationship between Chicago Mayor Lori Lightfoot and the Chicago Police Department is in the spotlight this week. Lightfoot made derogatory comments about the Fraternal Order of Police (FOP) Vice President Patrick Murray during a City Council meeting on July 24, 2019. While Murray walked up to the podium to speak, Mayor Lightfoot stated, "Back again. This is this FOB clown." Naturally, Murray and police officers around the state are unhappy with Lightfoot calling a 30-year veteran law enforcement officer...

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Does the State of Illinois Keep People in Prison Without a Conviction?

posted on 7/21/19

A Peoria County, Illinois, man has been a prisoner in the Illinois jail system for almost 40 years. He allegedly sexually assaulted a victim, and even though he had no previous criminal convictions based on sex crimes, he is still incarcerated. Why is this man serving nearly four decades in jail after committing one sexual assault? The reason involved a little-emphasized Illinois law called the Sexually Dangerous Persons Act. Though the law in question has been in existence since the...

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Is Sharing Revenge Porn Unconstitutional?

posted on 7/21/19

Imagine that you have just gone through a terrible breakup with a long-time partner. Your relationship had been falling apart for a while, and you finally had that last explosive argument and ended the relationship permanently. While extremely upset, you decide to make an attempt to move on with your life. You gather your belongings and move into a new apartment. While you are walking in the door of your new apartment, you receive a call from a good friend...

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The Black Market for Marijuana is Getting Better in the Prohibition States

posted on 7/13/19

Imagine being a drug dealer in a state like Illinois that recently legalized marijuana. Illinois drug dealers have lost the majority of their cannabis customer base in Illinois. Now that marijuana is legalized in several states, drug dealers and cartels are turning to selling harder drugs to maintain profits. Since Colorado and Washington state legalized the recreational use of cannabis six years ago, the variety of cannabis products has expanded. Cannabis consumers in the United States have become so picky...

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Many Illinoisans Who Lost Their Right to Own a Gun May Still Possess a Gun

posted on 7/13/19

On February 15, Gary Martin opened fire at a warehouse in Aurora, Illinois after finding out he had been fired. He fatally shot five of his coworkers and wounded five police officers and a union representative. He used a Smith and Wesson handgun that he purchased using a Firearm Owners Identification (FOID) card legally five years earlier. Martin should never have been allowed to purchase a handgun by law because was a convicted felon. Five separate federal background check databases...

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How Will the Legalization of Marijuana Affect Illegal Drugs in the State of Illinois?

posted on 7/7/19

Imagine growing up in the Mexican state of Chihuahua, where the drug cartels are in full force. Every day you wake up worried that you or a loved one may be killed in drug-related violence. As violence escalates among small marijuana farmers, or campesinos, another problem is brewing. With more U.S. states legalizing cannabis, this violence is increasing among drug cartels. Part of the reason this violence is increasing is due to cartels making fewer profits off the sale of...

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What is an Illinois Drug Recognition Expert?

posted on 7/7/19

You go over to a friend's house for dinner and enjoy two glasses of wine. You wait an hour or so, and eat dessert. After dessert, you do not feel buzzed at all, and you enjoy smoking some marijuana and a small amount of another controlled substance with your friends. After checking in with yourself once again, you determine that you are perfectly fine to drive your car home. While driving down the highway, you hear police sirens and look...

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Aggravated DUI: How One Bad Judgment Call Could Impact You for Life

posted on 6/29/19

It is a common scenario. You are at a friend's house for dinner, and you decide to have a beer. Then you think, what the heck, and have one more beer. Perhaps you stop to evaluate yourself before getting into your car. You do not feel drunk at all — after all, you only had two beers. You slowly back your car out of the driveway and you begin to think that this is a bad decision, but you are...

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Illinois Police Crack Down on DUIs This Fourth of July

posted on 6/29/19

We have all been there. You are excited to have a day off of work, ready to barbeque, relax, and enjoy some alcoholic beverages. One drink turns into several drinks, and by the end of your Fourth of July party, you are feeling a bit woozy, but you think you are okay to drive. You get your keys and start driving. No matter who or where you are, getting into your car after a Fourth of July party while drunk...

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Driving While High: The Impact of the Legalization of Marijuana on Illinois Drivers

posted on 6/23/19

You are over at a friend's house and decide to partake in marijuana. Two hours later, you do not feel high anymore, so you decide to get into your car and drive home. You know that recreational marijuana is legal in as of January 1, 2020 Illinois, and you do not feel high, so you are not that worried. Driving within two hours of using cannabis is not uncommon, but even those who no longer feel “high” risk being pulled...

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