Posts tagged with: "303"
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31 Dec 2012, 10:28 am by Lewis Gainor
State lawmakers in Springfield made a significant change to the Illinois Vehicle Code in 2013. The change is important because it could impact a person who was charged with driving under the influence. The law in our state allows law enforcement officers to seize property that was used in the commission of a criminal offense. [...] [read post]
31 Dec 2012, 10:28 am by Lewis Gainor
State lawmakers in Springfield made a significant change to the Illinois Vehicle Code in 2013. The change is important because it could impact a person who was charged with driving under the influence. The law in our state allows law enforcement officers to seize property that was used in the commission of a criminal offense. Under 720 ILCS 5/36-1, police officers can seize a person’s vehicle and commence a forfeiture proceeding. If the State prevails, the vehicle will be forfeited to the… [read post]
9 Jan 2014, 2:57 pm by Lewis Gainor
The Illinois legislature changed a section in the Vehicle Code in 2014, establishing severe penalties for driving with a suspended or revoked license. Driving while license suspended, 625 ILCS 5/6-303(a), is in most situations a Class A misdemeanor. The maximum penalty for such an offense is up to one year in jail (364 days). But under a new provision of Section 6-303, a person who is involved in a motor vehicle accident while driving on a suspended or revoked license can be charged with a… [read post]
17 Mar 2013, 8:13 am by Lewis Gainor
Lawmakers in the House of Representatives will vote soon on a bill that allows police officers to tow and impound vehicles for driving without proof of insurance. Proposed by Representative Joe Sosnowski, R-Rockford, the bill would amend 625 ILCS 5/4-203. This is the statute that authorizes law enforcement to tow and impound vehicles abandoned on highways. Through this statute and other provisions of the vehicle code, police officers are authorized to tow and impound vehicles that are used in the… [read post]
20 Jun 2012, 7:46 am by Jody Nathan
In Brumley v. Keech, Plaintiffs sought punitive damages based in part on the trucking company's failure to perform post accident drug-and-alcohol testing as required by federal law (FMCSR & 49 C.F.R. § 382.303), by failing to keep certain log books, and by allowing the drivers to exceed permitted drive time.  The trial court excluded the evidence on the failure to perform post accident testing, noting that the failure to test did not cause the accident, and there was no evidence that the truck… [read post]
16 Mar 2012, 11:30 am by Lewis Gainor
As an attorney I cannot count the number of times clients say to me, “I did not get arrested for driving while suspended. I just got a ticket.” Many people are misinformed. The law in Illinois says that a person does not have to be handcuffed in order to be, in legal terms, arrested. A court of law will consider a person arrested or he or she is detained and charged with an offense. Basically, if the police stop a person and give him a ticket, that person was arrested. A ticket for driving… [read post]
16 Mar 2012, 11:41 am by Christopher Danzig
There is no better way to head into the weekend feeling good about yourself than with a little bit of schadenfreude. To that end, we have a nice, swift benchslap to the pants from a federal court in California. Even more fun, the receiving attorneys work for a Biglaw firm. Continue reading »Follow Above the Law on Twitter or become a fan on Facebook.Tags: Arthur Nakazato, Benchslap of the Day, Benchslaps, Biglaw, California, CareFusion 303 Inc. v. B. Braun Medical Inc., Discovery Disputes,… [read post]
16 Apr 2013, 3:00 pm by Timothy B. Lee
Nick Papakyriazis The Associated Press got egg on its face Monday when it admitted it had mistakenly reported that cellular networks in Boston had been shut down to prevent them from being used to remotely detonate explosives. Spokespeople from multiple wireless carriers have told reporters that there were no government requests to deactivate their networks in Boston. But while the rumors turned out to be false, the idea wasn't crazy. Federal law enforcement… [read post]
6 May 2011, 6:44 pm by Lewis Gainor
The Illinois Criminal Justice Information Authority is a state agency that studies our court system closely. From time to time, I read the summaries on their site. They have been tracking the increasing frequency of probationary sentences for driving under the influence and other vehicle code offenses. Their statistical survey proves that judges are cracking down on DUI and other traffic offenses. They say: From 1999 through 2008, there was a 64.8 percent increase in the number of active DUI… [read post]
23 Oct 2010, 9:33 am by Lewis Gainor
The Monitoring Device Driving Permit (MDDP) that is available for first offenders is subject to certain terms and conditions. These rules apply to all permitees, regardless of the individual circumstances of their case. For example, a person whose driver’s license is suspended for a positive urine test for cannabis or a controlled substance must used the Breath Alcohol Ignition Interlock Device (BAIID). The BAIID checks for breath alcohol only, not the presence of cannabis or a controlled… [read post]
5 Nov 2011, 5:30 am by Jeffrey Taylor
Here's a story that touches on the business aspects of defamation, libel or slander. You'll remember our previous discussions about defamation, and it's consequences in personal cases. Apparently, Bob Tyler Toyota, in Pensacola, Florida, believed that defamation was okay for the competitive "advantage." In particular, employees of the dealership thought that portraying Shawn Esfahani, the owner of Eastern Shores Toyota, as an Islamic militant would be good for business. Unfortunately for Bob Tyler… [read post]
24 Aug 2012, 3:32 am by Daniel Schwartz
As I get closer to the five year anniversary of this blog next month, I continue to take a look again at topics I covered early on.  One of those topics was the oft-overlooked statute of Conn. Gen. Stat. 53-303e.  That statute purports to make it a crime for employers to require employees to work on his or her designated Sabbath, among other things. I noted back then that you could find the statute on the Connecticut Department of Labor’s website. But there was a problem, I noted. Part of the… [read post]
12 Feb 2012, 7:22 am by Daniel Wasserstein
A fiduciary duty is defined as a relationship of trust and confidence between two or more parties.  In Florida, association board members owe a fiduciary duty to their fellow unit owners.  Florida Statute 718.111(1), which governs condominiums, sets forth that “the officers and directors of the association have a fiduciary relationship to the unit owners.”  Florida Statute 720.303(1), which governs homeowners associations, sets forth that “the officers and directors of an association have… [read post]
24 Oct 2010, 9:59 am by Lewis Gainor
A violation of the rules for the Monitoring Device Driving Permit (MDDP) can cause the Secretary of State to take adverse action against that person’s driving privileges. The Secretary of State can extend the summary suspension, cancel the permit all together, and even require the driver to obtain a restricted driving permit after the summary suspension is over. For example, a traffic ticket is a violation of the MDDP. If a person is convicted of a moving violation while using an MDDP, the… [read post]
15 Feb 2012, 4:56 pm by Lewis Gainor
Expungement is the process in which a person who was charged with a crime but cleared of any wrongdoing can go to court and request that the court erase the record of the case. The person can file a petition to expunge and then go before a judge for a hearing. If the prosecutor does not object, the petition would be granted and the judge would issue a written order directing the circuit clerk, police department and Illinois State Police to expunge any record of the criminal case. Sealing a record… [read post]
3 Feb 2012, 5:58 pm by Lewis Gainor
Illinois is one of the toughest states when it comes to a young person’s driving privileges. In addition to the Zero Tolerance law, which suspends a person’s driver’s license for consuming alcohol before age 21, the Secretary of State has multiple laws it can use to take away your license. In fact, a driver who is younger than 21 years old can suffer a serious penalty for moving violations even where no alcohol is involved. As a general rule, a driver who is younger than 21 years of age will… [read post]
22 Nov 2012, 9:27 am by Lewis Gainor
Lawmakers in Springfield are drafting legislation that would provide a way for illegal immigrants to get driver’s licenses. The bill has not been introduced in the General Assembly, but legislators expect to make the proposal soon. This is not the first time our state lawmakers have tried to legalize undocumented aliens on the road. A similar proposal has been defeated twice already. But this time, the bill has support from Democrats and Republicans. The bill is touted as a public safety measure… [read post]
24 Jun 2012, 9:18 am by Lewis Gainor
One of the most important rules in criminal cases is that court cannot convict a person of a crime unless the prosecution has proven that the defendant had the requisite mental state. The prosecution must prove that the defendant intended to commit a crime. The Illinois constitution prohibits the prosecution from convicting a person of a crime where his only intent is to engage in innocent conduct. Recently the state’s eavesdropping law was found to be unconstitutional because it criminalized… [read post]
17 Feb 2012, 9:39 am by Lewis Gainor
If you were pulled over by a police officer and given a ticket for driving without a valid license, you are looking at some serious problems. Contrary to what many people believe, getting a ticket for driving without a valid license, 625 ILCS 5/6-101, is the same as getting arrested. Legally speaking, the fact that you were not handcuffed and taken to jail does not mean that you were not arrested. The law says that a ticket for driving while license suspended is an arrest. The reason is driving… [read post]
5 May 2011, 7:52 pm by David Oxenford
In less than a month, a four year cycle of radio and television license renewal applications begins with the filing, on or before June 1, of license renewals by radio stations in Maryland, Virginia, West Virginia and the District of Columbia.  To help stations prepare for their upcoming renewals, I conducted a webinar, sponsored by the Michigan Association of Broadcasters and joined by broadcasters from 9 other state associations, discussing issues that broadcasters should be considering.  … [read post]