What Illinois Can Learn From Colorado

What Illinois Can Learn From Colorado!

Six months after Colorado became the first state to legalize marijuana for recreational use, the numbers are starting to pour in and the news is good for the State of Colorado (as well as the State of Washington, which also legalized pot).

marijuana drug chargesThe legalization of marijuana in Colorado has resulted in the opening of about 100 retail marijuana shops and the creation of almost 10,000 jobs statewide in the cultivation, sales and distribution of legal marijuana.   Marijuana-related sales are expected to total approximately $1 billion during 2014, resulting in approximately $10.8 million in tax revenues, a good portion of which goes to public schools in the state. In Colorado, medical marijuana is subject to a 2.9% sales tax and recreational pot is taxed at the rate of 12.9%. Where as in Chicago it’s still against the law. Read More about a Chicago drug lawyer.

The New York Times reported that “Because of the lag in reporting many health statistics, it may take years to know legal marijuana’s effect – if any – on teenage drug use, school expulsions or the number of fatal car crashes.”   Some statistics may not be known, but some are:

  • Fact:       crime is down 10.1% in the City of Denver from the same period last year, with violent crimes dropping 5.2%.
  • Fact:       marijuana sales have generated $10.8 million in tax revenues, with $1.9 million going directly to improve Colorado public schools.
  • Fact: $9 million is being designated for research into the efficacy of marijuana.
  • Fact:       thousands of jobs have been and continue to be created in the cannabis industry.
  • Fact:       home values in Colorado are up 8.7% in 2014.
  • Fact:       legal pot has not tarnished Colorado’s brand or image.
  • Fact:       six months after legalization, 54% of Coloradoans remain in support of legal marijuana.
  • Fact:       since January 2014, the Colorado State Patrol reported that the number of people pulled over for driving while under the influence of marijuana have accounted for only 12.5 percent of all DUI citations.

Law enforcement officials predicted “the apocalypse” if Colorado legalized marijuana for adults over the age of 21. Six months into legalization, however, those individuals have lost credibility since legalization has not caused an increase in adverse or criminal behavior. In fact, the State of Colorado has seen a huge drop in pot-related arrests, resulting in estimated savings of $12 to $40 million per year in law enforcement and court-related costs. Also, over the past decade, the State of Colorado averaged 10,000 arrests and/or citations for under-age minors in possession of marijuana and that number has been reduced to 900 arrests as of the end of June 2014.

According to a recent report by John Gettman, on a national level, criminal justice expenditures for marijuana-related enforcement total $7.6 billion each year, with $3.7 billion of that amount going to law enforcement, $853 million to courts and $3.1 billion going to corrections.

Forfeiture laws have been quite lucrative for law enforcement agencies across the nation and legalization of pot in Colorado and Washington has caused those agencies to refocus their efforts on preventing out-of-state distribution of the product that is legal in those two states. This has resulted in cops outside the States of Colorado and Washington pulling-over drivers simply because their cars display Colorado or Washington license plates.

Sixty-nine year old Colorado resident Darien Roseen filed a lawsuit in the District of Idaho claiming that a Gem State Trooper used “license-plate profiling” as a tactic to unlawfully detain him and search his vehicle for marijuana. Idaho State Trooper Klitch initially refused to state a reason for pulling over Roseen, but later claimed he was stopped for not signaling a turn into the rest area where he was pulled-over and detained and for bumping into two snow covered curbs, both of which claims were contested by Roseen. After 8 law enforcement officers wasted 3 hours searching in vain for drugs in Roseen’s vehicle, he was issued a citation for careless driving and was released from custody, along with his vehicle. Thereafter, Roseen filed a lawsuit seeking general and punitive damages against the Idaho law enforcement agency. More of these types of lawsuits can be expected, if law enforcement continues to engage in “license plate profiling.”

Overall, the great social experiment of legalizing marijuana in the States of Colorado and Washington is working well and proving that legalization of marijuana does not cause more crime and that legal pot produces jobs and creates tax revenues, all of which benefits the citizens who foot the bill for America’s failed war on drugs, specifically marijuana.

Chicago Deadly Teen Drivers

100 Deadliest Days for Chicago Teen Drivers

The sense of freedom a Chicago teenager feels when he or she finally gets a driver’s license is probably their most exhilarating right of passage into adulthood. Unfortunately, however, more than 12 young people between the ages of 15 and 19 die every single day in automobile crashes. In fact, more teenagers die in the United States from injuries sustained in automobile accidents than from any other cause of death (including homicide and suicide) and they are more vulnerable during the three months of summer, for a variety of reasons.

Contributing factors are more free time, recreational driving with friends, staying out later, driving faster than the posted speed limit and not wearing seat belts.

Scientific studies have found that our brains aren’t fully developed until around 25 years of age, which leaves many young people with an “invincibility complex” that prevents them from exercising caution in certain situations and very often results in severe injuries or death.

This fact explains the main reason for Chicago teenage fatalities in car accidents, which is not talking or texting while driving, but the fact that many do not wear seat belts.   Over 2,400 teenagers were killed in automobile accidents during 2012 and more than half of those fatalities were attributed to not buckling up. These findings are supported by research done by the National Highway Traffic Safety Administration (NHTSA), the Insurance Institute for Highway Safety (IIHS) and the National Safety Council. General Motors sponsored a survey of 1,000 teens between the ages of 13 and 19 to determine why teens aren’t buckling up and to understand their perceptions about safety when they are riding in cars as passengers.

Statistics show that passengers account for 44% of teen fatalities and 1 in 4 teenagers indicate they do not wear seatbelts and the main reason they don’t is simply because they forget or it’s not a habit they’ve adopted. According to the “Teens in Cars” study, teenage fatalities peaked in 2002 at over 5,000 deaths and, while the number of teen traffic deaths has dropped by 56% from that peak, the percentage of teenage fatalities from not utilizing seat belts has remained the same.

The United States began enacting seat belt laws during the 80’s and early 90’s and those laws vary from state to state. New Hampshire is the only state that does not require adults to wear seat belts, although there is a provision that covers all passengers and drivers under the age of 18. Every other state in America requires the use of seat belts for everyone in a motor vehicle, with 33 states having primary laws (meaning a cop can stop a motorist and issue a citation for not wearing a seat belt) and 16 states have secondary laws (meaning that law enforcement can only issue a citation for not wearing a seat belt if there is also some other violation).

Adults face the same risks as teenagers while driving, but they have much more experience to minimize those risks. Experts say there are specific things you can do to help protect your teenager(s) from accidental injuries and/or death in motor vehicle crashes.

  • Set a good example by driving the way you’d like your teenager to drive, i.e., fastening seat belts, observing speed limits and other traffic signs, including full stops at all stop signs.   Your kids have learned from your example their entire lives and they will learn your driving habits.
  • Practice often and ride beside your teenagers, even after they get their license to see how they are progressing and to offer advice.
  • Make driving a privilege that your teenager must earn by illustrating their ability to handle the responsibility that comes with driving.
  • Sign an agreement between parent and teen that defines all expectations regarding a teen’s driving privileges. An example can be downloaded on the Internet.
  • Let other parents know how you feel about enforcing driving rules and determine what driving rules apply to their teenager(s). Enforcing rules can be difficult when friends’ parents do not enforce them.   Make sure your child’s friends’ parents know where you stand on teen driver safety.

Diligently following the above suggestions can go a long way in protecting your Chicago teenager when they venture out to drive on the congested roadways that make up these United States. For a Chicago Personal Injury lawyer. click here

Legalizing Marijuana in Illinois

Legalizing Marijuana in Illinois

Residents of the State of Illinois are tired of seeing their tax dollars and other resources wasted on the arrest and prosecution of marijuana users.   This applies to law enforcement and court agencies in the state whose budgets are already stretched to the limit.

marijuana drug chargesThe medical marijuana program that was instituted in Illinois is one of the strictest in the nation and has proven to be very successful, which could lead the State of Illinois to legalize marijuana for personal use.   According to Public Policy Polling, fully 63% of Illinois voters support a bill that would decriminalize marijuana for personal use.

The State House of Representatives will soon vote on the bill that proposes decriminalizing the possession of small amounts of marijuana for personal use. The bill proposes a mandate for a maximum fine of $100 for possession of 30 grams or less of cannabis. This would eliminate the need for costly arrests and prosecutions that typically fail to lead to convictions anyway. CBS Chicago reported that 80% of misdemeanor arrests in Cook County for marijuana possession end with no conviction on criminal charges.

Under current laws, any criminal conviction on drug charges adversely affects a person’s life and could subject them to loss of educational, employment and housing opportunities, as well as steep fines and lengthy prison sentences.

Legislation in the Illinois State House of Representatives would create a new class of offense called a “regulatory offense” that would be applied to Illinoisans caught with 30 grams or less of marijuana. Under the new proposal, when a ticketed person pays their fine, the offense would be completely permanently erased from their records, thereby preventing any negative future consequences.

There are, of course, critics of the bill, including the federal Drug Enforcement Administration and the Cook County State Attorney’s office, which opposes the bill because it allows for an unlimited number of “regulatory offenses” regarding the possession of marijuana.

Irregardless of the plethora of excuses posed by opponents of marijuana legalization in the State of Illinois, the fact remains that the VOTERS support legalization and that’s really all that matters in this democracy! Read More

Personal Injuries in Chicago

Personal Injuries in Chicago

As the days get longer and another cold winter fades into climatic history, people in the Chicago area are again suffering from cabin fever and are anxious to abandon their long, personal-injury-lawyerwinter-imposed, indoor humdrum for more exhilarating outdoor activities that include pools, beaches, boating, playgrounds, ball fields, bike and motorcycle riding and a variety of camps for adults and children, as well as other recreational opportunities that only summer weather provides.

The pleasures that make summer so enjoyable also create dangers that result in accidental injuries of all kinds, many of which are caused by the negligence of another person or entity.   Whether from accidents on roadways or negligence of those administering our recreational programs and facilities, personal injuries are common and occur most frequently in the summer months, making all of us vulnerable, especially our children.

While responsible counselors operate most children’s camps and properly maintain pools and other facilities, there are those that employ under-age counselors or cut corners in maintaining high-risk activities, which can result in personal injury or even death.

One of the most common places for personal injuries during summer months is at swimming pools.  The U.S. Consumer Product Safety Commission stated that nearly all accidents that occur at public and private swimming pools are completely preventable, even though they are very common.  Sadly, approximately 385 children under the age of 15 drown each and every year.

Besides the obvious risk of drowning, there are other safety concerns in swimming pools that cause injuries, including slipping and falling and drains that are used to keep the water clean.  These drains create powerful suction that can trap a person by holding them under water because of hair, limbs or other things getting caught in the suction, which can be so powerful as to actually cause disembowelment.

While most facilities employ competent people and properly maintain recreational equipment, there is always the risk of an accidental injury from improperly trained personnel, design malfunctions or other unseen risks and hazards.

Since most accidents occur in the summer months, away from work, it is important to exercise caution in everything you do and pay extra attention to vulnerable young children, especially around water.

Drug Lawyer, Chicago, IL

 Drug Lawyer, Chicago, IL

The federal government’s “war on drugs” has resulted in 1 out of every 31 American adults being incarcerated in federal or state prisons or being on probation or parole for drug offenses. This translates to more than half of the two million prisoners incarcerated in marijuana drug chargesfederal penal institutions and approximately one-fifth of state prisoners who are imprisoned for drug offenses. This is the highest incarceration rate in the world!

The federal government’s drug laws result in people being sent to prison for merely possessing small amounts of illegal drugs, like marijuana, cocaine and heroin. The war on drugs is also responsible for the erosion of constitutional rights, including the right to be free from unreasonable search and seizure and this is demonstrated regularly by law enforcement agencies seizing money and personal property of people suspected of various drug offenses, even without any criminal charges ever being filed.

The failed war on drugs has caused a negative impact on millions of Americans, their spouses and children, who have been charged with criminal drug offenses. If you or a loved one have been arrested for a drug crime, it is essential that you hire a qualified attorney to represent you in court in order to protect your rights and, hopefully, prevent incarceration.

In Chicago area state court cases, the most common witnesses are law enforcement officials who use many tactics for obtaining an arrest, including “drop cases,” where the police say they observed something suspicious in the way of several “exchanges” of items for money and, when they approach, the person drops a bag or other container of drugs to the ground and they are arrested.

Another common occurrence in drug arrests is known as the “plain view” case, which involves law enforcement seeing drugs, in plain view, sticking out of a person’s pocket or sitting somewhere in their car.

These types of drug offenses usually involve only small amounts of drugs, but possession of any amount of cocaine, heroin and other drugs is considered a felony and will be tried in federal court, where the stakes are much higher. Cases involving larger amounts of drugs are also tried in state courts, but much less often and charges for larger amounts of drugs are usually tried in federal court and involve search warrants and undercover informants.

Cases involving drug possession or sales can be tried in both state and federal court and every case is different, requiring a different legal strategy for defense, so it is imperative that you find a drug lawyer who has a proven record of acquittals.   Your choice of attorneys could make the difference between being convicted and going to prison for a long time, or leaving the courtroom with an acquittal.Read More