Two years ago, Illinois passed legislation called “Ashley’s Law,” which made it legal for minors to take doses of medical marijuana on a school campus or during after-school activities. Of course, a doctor’s prescription is necessary in these cases to avoid any drug charges. Along with the many new Illinois laws that took effect at the start of 2020, Ashley’s Law was amended to have fewer restrictions. This was done to make it easier for sick children to get their medicine during school hours.

How Was Ashley’s Law Amended?

Illinois passed Ashley’s Law after a young Schaumburg student and her parents fought in federal court for her right to take medical marijuana in school to combat a seizure-related condition. Thanks to her, minor students are able to receive on-campus treatment for a variety of medical conditions, including:

• Autism

• Chronic pain

• Migraines

• Anorexia nervosa

• Epilepsy

• Osteoarthritis

When the law first went into effect, the stipulation was that only a designated caregiver who is registered in the Medical Cannabis Pilot Program -- typically a parent -- could administer the medication to the minor in need of it.

Medical marijuana also could not be stored on school grounds. It would have to be taken off-campus immediately after the minor took the prescribed dose. The 2020 amendment stated that a school nurse now has the right to administer medical marijuana to the minor. Alternatively, the minor can self-medicate in the presence of the school nurse.

Additionally, the nurse is required to keep the medicine in his/her office along with all other medications until the minor comes in for a scheduled dose. These changes make it easier and more convenient for a minor patient to receive the medicine he or she needs to stay healthy.

Rules Now that Recreational Marijuana Is Legal

It is still important for a minor child to take only the prescribed dose of medical marijuana. Caregivers can legally purchase more cannabis; however, a minor who is taking the drug for medical purposes should always take the prescribed dose. While Illinois has legalized the use of marijuana for recreational purposes, minors are not allowed to purchase marijuana on their own. Those over the age of 21 can purchase the drug from any licensed dispensary in the state. Breaking the new marijuana law can result in an offender facing civil charges in addition to paying steep fines.

Contact a Joliet, IL Criminal Defense Attorney

Even with the new 2020 laws in place, there are still several rules that must be followed when it comes to marijuana usage in Illinois.  A mistake of fact is possible, which can lead to consequences if minors or their caregivers are falsely charged with a drug crime. The lawyers at the Law Offices of Tedone & Morton, P.C. can defend your child’s rights to possess and use the medicine needed to treat his or her condition. To schedule a free consultation with a Will County drug charges defense lawyer, call our office today at 815-666-1285.

Sources:

http://www.dph.illinois.gov/sites/default/files/publications/ashleys-lawschoolsfaqs-10262018.pdf

https://www.thetelegraph.com/news/article/Pritzker-expands-medical-marijuana-14301640.php

https://www.illinoispolicy.org/what-you-need-to-know-about-marijuana-legalization-in-illinois/

Ringing in the new year meant saying “hello” to a brand-new decade, as well as several new laws and amendments to current laws. In total, Illinois welcomed over 250 new laws and tax adjustments starting January 1, 2020. Roadway safety was not immune to the new legislation, and some changes have been made in an effort to reduce the number of accidents and injuries in the state. Illinois increased the penalties for several traffic violations and made a few existing laws more specific to cover different types of traffic-related crimes.

Higher Fines for Breaking Traffic Laws

According to Illinois State Police, a total of 27 squad cars were hit by other vehicles during traffic stops in 2019. In two of these 27 collisions, two troopers were killed. This is why Illinois has increased the penalty for violators of Scott’s Law. This rule states that drivers must move over and give enough room to police vehicles that are stopped on the side of the road with their blue and red emergency lights flashing. The law also applies to other emergency vehicles, and if drivers cannot give at least one lane of room to a vehicle on the side of the road, they should slow down, provide as much space as possible, and proceed with caution.

The penalties for violating Scott’s Law have doubled:

• First offenders are fined $250 (up from $100).

• Subsequent offenders are fined a minimum of $750.

Another law that saw its penalties doubled as of January 1 involves a driver passing a school bus when it is picking up students from a bus stop. If the bus has its stop sign extended and its red lights flashing, drivers are required to stop. Not doing so can put the young students in danger of getting hit by a car and suffering serious injuries or being killed.

School buses are equipped with cameras to capture moments when drivers illegally pass a stopped bus. That way, the offenders can pay for their mistakes:

• First offenders are fined $300 (up from $150).

• Subsequent offenders are fined $1,000 (up from $500).

Illinois is also cracking down on construction zone violations. Drivers will see increased penalties for not slowing to the posted construction zone speed limit as well as for not obeying traffic-control devices in these areas:

• Speeding violation fines have increased from $10,000 to $25,000.

• Not obeying traffic-control devices comes with fines ranging from $100 to $1,000.

Minor Adjustments

The Illinois law against using cell phones while driving has been made more specific to include streaming YouTube videos while behind the wheel. This includes both watching and making videos. In addition, drivers are no longer permitted to operate a car with “smoked” or “tinted” headlights. The only legal headlight colors are now white or yellow.

Contact a Joliet, IL Criminal Defense Lawyer

It is important to know about all of the changes to existing Illinois laws in order to stay out of trouble. Although these amendments may seem minor, violations can lead to serious consequences, including hefty fines or even criminal charges in some cases. If you believe you have not violated the law but are still fighting traffic violation charges, the lawyers of Tedone & Morton, P.C. can help clear your record and keep your driving privileges intact. To schedule a free consultation with one of our tenacious Will County traffic violations attorneys, call our office today at 815-666-1285.

Sources:

http://www.ilga.gov/legislation/BillStatus.asp?GA=101&DocTypeID=SB&DocNum=1496&GAID=15&SessionID=108&LegID=118398

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1873&GAID=15&DocTypeID=HB&LegId=117317&SessionID=108&GA=101

https://www.ksdk.com/article/news/local/illinois-doubling-scotts-law-fines-in-2020/63-d9f1e458-8707-4a81-b54b-44ee8cc7a5c1

https://www.chicagotribune.com/politics/ct-liststory-illinois-new-laws-2020-20191218-k3sjxat7mvgonbbbvyr7anlbja-list.html

It is an exciting right of passage for minors who are 15 years old to begin their journey to earn a driver’s license. All states require drivers to legally obtain a driver’s license or learner's permit before getting behind the wheel of a motor vehicle. A license is proof that a motorist completed the necessary coursework and tests for driving. It is also a useful tool for identification purposes. In case a driver is stopped by the police, he or she must show his or her license to the officer. However, if a license becomes invalid, or if a person decides to drive without the required identification, he or she can face misdemeanor punishments for a traffic violation. 

Why Is a License So Important?

It is an automatic penalty if anyone is pulled over and cannot produce a driver’s license. Even if a driver has a license, but it is not physically on him or her at the time of the traffic stop, he or she can be fined $500. This charge can be taken to court, and the fine can be dropped if the driver provides the license. In addition, drivers who refuse to produce a license at the time of a traffic stop will also be fined $500 and charged with a petty offense.

In the cases where a driver does not possess a valid license, he or she will be arrested and issued a Class A misdemeanor charge, which can possibly lead to:

• Up to one year in jail

• A fine of $25 to $2,500

• License suspension of two months for the first offense

• License suspension of four months for the second offense

• License suspension of six months for the third offense

• License suspension of 12 months for the fourth offense

Motorists can also be barred for life from reinstating their license if they have five or more violations of driving without a license. Illinois also allows out-of-state drivers to drive in the state with their home state licenses. However, those people who move into Illinois must obtain a valid Illinois license within 90 days of their relocation.

How to Obtain a License

Typically, a teenager receives a driver’s permit at the age of 15, which allows him or her to practice driving with a licensed driver in the passenger seat. During this time, the teen will be required to pass vision and written tests as well as enroll in a driver’s education program. He or she will receive hands-on lessons behind the wheel with a government-hired or school instructor. Teens can also practice with their parents or other adults to complete at least 50 hours of drive time.

Once the requirements are completed and a teenager turns 16 years old, he or she can take a driving test and earn a valid Illinois driver’s license. Adults who miss this milestone as a teen can still apply for a license after turning 18 years old. Their process for earning a license includes the following requirements:

• Completing a six-hour driving course (in person or online)

• Visiting a Secretary of State Driver Services Facility

• Providing a state ID card and having a photo taken

• Paying a required fee

• Passing a written, vision, and behind-the-wheel exam

Contact a Joliet, IL Traffic Violations Attorney

It is not difficult to obtain a valid Illinois driver’s license if the proper procedures are followed. A license can then protect motorists from various traffic offenses. If you or someone you know is fighting a traffic ticket for driving without a license or for any other traffic violation, a skilled lawyer from the Law Offices of Tedone & Morton, P.C. can help. We will build a solid defense based on the circumstances of your case to make sure your rights were not violated during your traffic stop. To schedule a free consultation with one of our Will County criminal defense lawyers, call our office today at 815-666-1285.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-101

https://www.cyberdriveillinois.com/departments/drivers/teen_driver_safety/gdl.html

https://www.firsttimedriver.com/illinois-adult/illinois-driver-license.aspx

Any type of sex crime is taken seriously throughout the United States. The Illinois Criminal Sexual Assault Act addresses multiple types of crimes, including sexual assault and sexual abuse. While the terms may seem similar in nature, assault and abuse are considered separate crimes in Illinois based on the circumstances of the offense. Both crimes can result in felony charges as well as mandatory inclusion on the sex offender registry. However, the details of the alleged crime will determine what further punishments -- such as the length of a prison sentence -- will be given out.

Sexual Assault Versus Sexual Abuse

The crime of sexual abuse results in less severe punishments than sexual assault because the crime is considered less extreme. Sexual abuse can be alleged if there is any unwelcome sexual behavior by a person against a victim. Typically, there does not need to be actual sexual penetration for the crime to be charged.

Illinois law states that sexual abuse occurs when there is a threat of harm or if the victim cannot give proper consent to any sexual conduct. The charges can be elevated to sexual assault if penetration occurs. Sexual abuse is typically charged as a Class 4 felony. Punishments include a prison term of one to three years for first offenders. Second and subsequent offenses may be charged as Class 2 felonies, punishable with a prison term of three to seven years.

Illinois law views sexual assault as the act of sexual penetration:

• With force or threat

• Against a victim who is unable to give proper consent

• Between a victim under 18 years of age and a family member

• Between a victim between the ages of 13 and 18, and an adult over the age of 17 who is related to the victim or in a position of authority over the victim

First-time sexual assault offenders will be charged with a Class 1 felony, punishable with a prison term of 4 to 15 years. Second and subsequent offenses are elevated to a Class X felony, punishable with a prison term of 30 to 60 years.

Both sexual abuse and sexual assault can be elevated to “aggravated” crimes if:

• The accused used a deadly weapon during the criminal act.

• The accused caused great bodily harm or death to the victim.

• The victim was over 60 years of age.

• The victim was physically handicapped.

• The accused possessed or discharged a firearm during the criminal act.

Sexual assault can also be elevated to predatory sexual assault if the accused is over 17 years of age and the victim is 12 years old or younger. All aggravated sexual assault charges will be prosecuted as Class X felonies, which will typically result in a prison sentence of 6 to 30 years. However, depending on the circumstances of the case, an additional 10 to 20 years may be added to the sentence. Predatory sexual assault may result in a sentence of 6 to 60 years in prison.

Defenses for Sexual Abuse and Sexual Assault

After being charged, an alleged sexual offender should seek the help of an attorney who will carefully review the circumstances of the crime. The most common defense for sexual abuse is to prove that the accused believed the victim was over 17 years of age and that no force was used. Sexual assault defenses may include proving that consent was given by the victim. An alleged offender can also deny that the event took place, and the prosecution will have the burden of proof to show that the incident occurred, and the alleged victim did not give consent.

Contact a Joliet, IL Criminal Defense Attorney

Criminal charges for any type of sexual offense can be life-altering for both the victim and the accused. In some cases, an alleged victim may make false allegations. If you or someone you know is facing sexual assault or sexual abuse charges, you need skilled legal counsel on your side. The knowledgeable attorneys at the Law Offices of Tedone & Morton, P.C. will defend you against false accusations and help you understand the best defense strategy for avoiding a conviction and minimizing the consequences you may face. To schedule a free consultation with a Will County sexual offenses lawyer, call our office today at 815-666-1285.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+11&ActID=1876&ChapterID=53&SeqStart=14400000&SeqEnd=21000000

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073000050HCh%2E+V&ActID=1999&ChapterID=55&SeqStart=22600000&SeqEnd=39800000

Obtaining a driver’s license is a rite of passage. However, there is an additional requirement before a motorist can get behind the wheel. The state of Illinois requires all vehicles to be insured before they are driven on public roadways. Insurance is an important tool that helps protect drivers from having to pay a lot of money for damages if they are involved in a car accident. Some people are turned off by the idea of paying for car insurance, because it can be expensive. However, not having mandatory coverage in Illinois can result in a traffic violation and more costly penalties.

What Is Mandatory Insurance in Illinois?

Insurance policies can be customized for each driver’s needs, but the state of Illinois does require a minimum amount of vehicle liability to be included with each policy:

• $25,000 to cover injury or death to one person after an auto accident

• $50,000 to cover injury or death to more than one person after a car crash

• $20,000 to cover property damage to the victim of a car collision

Policies can also protect a motorist’s vehicle if it has been stolen or damaged in any way. While some auto insurance policies can be expensive, if drivers remain safe on the road, the prices tend to stay low. With every collision or traffic violation, insurance prices can increase.

How Does Illinois Check for Insurance Policies?

Illinois regularly checks drivers for current insurance policies by means of a random questionnaire. All Illinois licensed vehicles are pooled together, and then several are selected at random for review. The owners of the vehicles chosen will be mailed a questionnaire that must be completed with the current insurance information and mailed back to the Secretary of State. The information will be corroborated by the insurance company, and then the driver is in the clear. If the questionnaire is not returned, or if the information is not correct, the driver may have their license plates suspended.

The more common regulation of car insurance happens during traffic stops. After pulling over a vehicle, an officer will ask the driver for his or her license, registration, and proof of insurance. If the driver cannot provide the information, the officer can issue a citation that may include:

• Suspension of license plates

• $500 fine for driving without insurance

• $1,000 fine for driving a vehicle with suspended license plates after a prior insurance violation

First-time offenders are free to reinstate their license plates after paying a mandatory $100 fine and providing proof of current car insurance. Repeat offenders will have their license plates suspended for four months before they can pay their $100 fine and provide proof of insurance. During the suspension period, no one is permitted to drive the uninsured vehicle; however, the driver may operate another vehicle as long as it is insured.

Contact a Joliet, IL Traffic Violations Attorney

Whether you are a new or seasoned driver, you may accidentally drive without proof of insurance on you or in your car. In the event you or a loved one is pulled over for a traffic stop and cannot provide the necessary paperwork, this can lead to fines and loss of driving privileges. The lawyers of the Law Offices of Tedone & Morton, P.C. can help make sure you do not face any unnecessary punishments, allowing you to maintain a clean driving record. To schedule a free consultation with a Will County traffic ticket defense lawyer, call our office today at 815-666-1285.

Source:

https://www.cyberdriveillinois.com/departments/vehicles/mandatory_insurance.html