Trooper Talk

Law Enforcement Military Service

2008-07-02T18:11:58Z

Just want to take this chance at honoring the service you give and too all the troopers in the state. Thank you for all that you do and stand for. means alot to the citizens to have a dedicated group of men and women to be serving the state and enforcing our laws so that we all be safe and protected. God bless you all.
There is one question I would like to ask. Are any of the state troopers in the reserves and does this situation impact our state troopers in going into active duty?
P.S. The badge does not make you look good, You make the badge look good!!!!!!!!!!!!!!

]]> First, thank you for your kind comments.
To answer your question, Yes, the Illinois State Police has many officers among our ranks who proudly serve in the military reserve. The same applies to many County and Local Police Departments. They are subject to the same call ups as someone employed in any other profession. While I can't give you any specific numbers of officers who are currently serving, please rest assured that we will continue to perform our duties here in Illinois. Thanks again for your support, it means a great deal to our officers.

Traffic Problems

2008-07-02T18:04:15Z

I have been living in St.Charles for less than two years on a "back road"
that runs parallel to a busy North-South road. For whatever reason, more and
more people are finding this "short cut" and speeding down our small road.
Some speed, some disobey no-passing laws and some even ignore stop signs.
Many are younger-looking people and many are huge gravel or dirt trucks. It
poses a great danger to play around with these drivers and a lower speed
limit may deter some of them to take this route. In the short time I've
lived here, there have been at least three deaths from people treating this
street as a highway. My question to you would be HOW can a group of
neighbors, backed with signed petitions or whatever, arm ourselves to fight
for a lower speed limit and more patrolling by the local county sheriffs?

Thanks for your time and thanks for a very interesting column.

-Ed, Unincorporated St.Charles resident

]]> Ed, it sounds like you already have an idea of how to tackle this problem. I would try and get documentation of the problem ready, that being police reports, pictures or videos, newspaper articles, personal or signed written testimony, or anything else you can think of. Signed petitions are another great way to get your point across. Then approach your local officials with the information. Depending on who maintains the road, that might be the city council, county board, or township board. Present your information along with as many residents that can appear. You can request that a study be done of how many vehicles are going through the area, and at what speeds. A vehicle count and speed survey could be conducted, either by the local government, highway supervisor, or yourselves. I would also contact the police agency, in this case the Sheriff's Department. Tell them you would like to meet with the community policing officer if one is available. His job is to solve community problems exactly like this. He or she may be able to guide you in the process.
This sounds like a very serious problem and I would expect that your community leaders would want to be responsive to prevent further tragedy. By the way, contacting the media could also be very effective. Sometimes dangerous situations such as this can be overlooked until citizens like yourselves call it to the attention of our leaders and present them with information that shows that action is required. I wish you good luck with your effort. Randy

ISP Rollover demonstrator

2008-07-02T17:58:01Z

Okay..I give. What is that strange looking S.O.I. vehicle parked at the
District 5 Station? A truck on stilts, on a boat trailer? I'm assuming it
may be some sort of training devise.

THANKS, Chuck

]]> The contraption you are talking about is one of the Illinois State Police Rollover Demonstrators. A pickup truck cab is mounted on the trailer so that it will roll over when activated. Two dummies are inside the cab, one the size of an adult, the other a child. At a demonstration, the dummies are first left unbuckled. When the cab rolls, people watch as the dummies fly around inside the cab and are thrown out through open side windows. The Rollover is then stopped and the dummies are seat belted in. (The child goes in a Child Safety Seat) Again the cab is rolled over, and the dummies are held securely in place because of their seat belts. It is an effective visual demonstration that underscores the need for seat belts. The District 5 Rollover is used at schools and community events, and was recently re-painted and re-furbished by Safety Education Officer Trooper Mark Dorencz

Law Enforcement Training

2008-07-02T17:54:37Z

I want to go through the training to become a police officer. Where can I
get information on training? I am a 19 year old female in my 2nd year of
college. Please help!
-GAP

]]> Most Police Training Academies in Illinois require that you be hired by a police agency before you can be accepted. The police agency then pays for your tuition to the academy. Some training academies will accept students who have not been hired. Here are some contacts for you:

University of Illinois Police Training Institute (217)333-2337
Illinois Law Enforcement Training Board (217) 782-4540
Illinois State Police Recruiting (217) 785-0183

For the most part, the academies accept recruits who are 21 or older, or will be 21 upon completion of the course. Your best course of action at this point may be to take any Law Enforcement or Criminal Justice classes available at your college in the meantime. This may include an Internship program with a Law Enforcement agency in which you could work directly with officers and get a feel for the occupation. Once you will be near 21, start applying at any Police Departments you are interested in. You will get the opportunity to go through the testing process, and if hired, you'll be sent to an academy at no charge to you. Good Luck in your endeavors!

Breath Alcohol Instruments

2008-07-02T17:50:08Z

I just came across your panel while searching the net for the clear tail
light lens laws. I am very impressed with your discussions. I think each
state should have a web based Q & A board for these types of questions. My
question is simple. We have a friend that got a DUI a month ago and he blew
some outrageous amount in the test. As we were discussing it, someone said
that it was possible for someone to blow a larger BAC if they just finished
drinking a few beers - like the alcohol percentage inside the mouth and
throat is relatively high. I know you can refuse the test, but then you are
placed under arrest in most states. If someone is stopped and suspected for
alcohol, can he/she wave the breathalyzer for a blood test instead for
accuracy?
Thanks, Steven

]]> Thanks for writing Steven. The effect you are talking about is called residue mouth alcohol. Many Portable Breath Testers (handheld size - usually non-evidentiary units) are susceptible to mouth alcohol, and for that reason a trained operator will observe the subject for 20 minutes before administering a test. In less than 20 minutes time, all residual mouth alcohol evaporates, so the test cannot be tainted. An evidentiary Breath Test device (the Breathalyzer usually housed at the Police Department) has a slope detection circuit built in to detect mouth alcohol. The actual Breathalyzer will not give a false reading because of mouth alcohol. However, the subject will still go through a 20 minute observation period in which he cannot drink, before the test will be administered.

At least here in Illinois, the type of test administered is technically up to the officer, though he may have no objection to a blood test rather than a breath test. Even so, once the arrestee is finished with processing, he has the right to go to a hospital and get any test he desires, although that will be at his expense. As with other tools, Breath Intoxilyzers are highly accurate when used properly, and that is why they are accepted in court. The result from a breath test device which is properly administered should be virtually the same as a blood test result.

Children riding on motorcycles

2008-06-09T20:19:08Z

Hello,

My name is Joshua. I was pulled over tonight on my motorcycle because I had my daughter on the back in (central) IL. She is 6 years old. She had a helmet and glasses on. She is also tall enough for her feet to touch the foot pegs. He told me that kids under 16 are not allowed on motorcycles. I referred him to your article from July 29, 2006 and he told me that that was one opinion of the law. He didn't give me a ticket, but I wanted to know if you had the state code for motorcycles that states no age restrictions in Illinois.

--I have an update of my situation. The commanding offficer agreeded with the police officer that pulled me over. I had found the state code of 625 IlCS 5/12 that states that motorcycles are exempt from saftey belts. After looking it up he agreed with that. Then he was saying that kids 8 and under couldn't ride because of the Child Saftey Restraint law. I thought that motorcycles were exempt from that law also, but I can't find where it says that. Is motorcycles exempt from that law, and if so where does it say that.

Thank you for your time,

Joshua

]]> Hi Joshua,
As I wrote earlier, (see previous posting from July 2006) the Illinois Vehicle Code does not specifically address or prohibit children riding on motorcycles. Neither the seat belt law or the Child Passenger Safety Act currently address motorcycles. While I understand the officers point of view that there are different interpretations or opinions on the law in general, both of these sections specifically exempt motorcycles.

The seat belt law, in 625 ILCS 5/12-603.1 paragraph b 5 states that the law shall not apply to a motorcycle or motor driven cycle.

The Child Safety Protection Act specifically says in 625 ILCS 25/3 that "For the purpose of this (Act 25 Child Passenger Safety) Act, "motor vehicle" does not include motorcycles.

Illinois currently does not have any helmet law for riders of any age

The IVC does require glasses, goggles, or a transparent shield for the driver and passengers in 625 ILCS 5/1404.

The IVC also requires footrests for passengers in 625 ILCS 5/11-1405

The IVC requires in 625 ILCS that the motorcycle must be designed to carry more than one person (proper type of passenger seat).

As I stated, this is state law, please check to make sure there is not some sort of local ordinance your officers are referring to. The only state law that might otherwise apply would be Child Endangerment. (720 ILCS 5/12-21.6) That is a criminal charge, and could most likely only be used in an extreme case, not one where reasonable safety precautions are taken. Child Endangerment does not specifically mention motorcycle riding at all, however applies generally to endangering the life or health of a child under age 18.

Otherwise I do not know of any other law your local officers are referring to. Many people believe there should be laws to address children riding on motorcycles in Illinois, but at this time it is not covered.

Scott's Law

2008-06-06T19:40:09Z

Hello Trooper Ness,
I have a question for. Is there such a law called Scott's law? I received an email about this subject and am curious as to whether this law exists or not. The following is is the email I received.

Thank you in advance,
Ed

]]> Ed,
There is such a law as "Scott's Law". It is also known as the "Move Over" law and is found in 625 ILCS 5/11-907. This law (in part c) states that:

Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, as person who drives an approaching vehicle shall:

Proceeding with due caution, yield the right of way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle; or

Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.

In section "e" the law says that if the violation results in damage to the property of another person, driving privileges shall be suspended for 90 days to 1 year. In section "f" the law says that if the violation results in injury to another person, driving privileges shall be suspended for 180 days to 2 years. In section (g) it states that if a violation results in the death of another person, driving privileges will be suspended for 2 years.

Currently, section (h) states that any record of judgement (guilty plea or guilty finding without supervision) shall result in a suspension for the mandatory period (30 days). I can tell you that legislation has been introduced and supported by the ISP to eliminate this last suspension requirement. While the law has been in effect for several years now, and there are periodic road signs and a concerted effort at education, it seems that a segment of the driving public is unaware of it's existence. For this reason, the modification to this law is being examined.

Thanks for your question, and I hope that drivers realize the intent of the law, which is to reduce the amount of crashes into emergency workers and their vehicles. Scott's Law was named after Lieutenant Scott Gillen of the Chicago Fire Department, who was struck and killed by an intoxicated driver while assisting at a crash on the Dan Ryan Expressway. It mandates that drivers move over or, if not possible, at least reduce the speed of their vehicle when passing a stationary emergency vehicle, such as police, fire, maintenance workers or tow trucks.
Randy

No Seat Belt under age 16

2008-06-06T19:38:09Z

This morning on the way to school My friends mom pulled up to an intersection where three squads cars were waiting. I was sitting in the back seat and i did not have my seat belt on at the time. I am 15 years old and the officer continued to write me a ticket and said that i must appear in court with my parents. When i got to school i did some research on the law and from what i interpredid the law as if i am younger than 16 and not sitting in the front passenger seat than i am not responsible. I was wondering if the officer was mistaken or i misinterpreted the law.

please respond
kevin

]]> Kevin, since you were in the back seat of the car, I am assuming the violation written to you was under the Child Passenger Protection Act 625 ILCS 25/4a. This section says that every person, when transporting a child 8 years or older, but under the age of 16, shall be responsible for properly securing that child in seat belts.

As such, the ticket should be written to the operator of the motor vehicle. Based on this limited information, I would agree with your research. If you were sitting in the back seat, and this section was used, you should not have been ticketed, the citation should have gone to the driver of the vehicle.

Window Tint consequences

2008-06-06T19:17:23Z

Hi Sgt Ness,
Are tinted driver and passenger side windows considered a moving violation in Illinois? Another words would my licence be suspended if I get citation for it, if I already have two convictions on my record? Thank you!
Peter

]]> The Illinois law regarding window tint is outlined in 625 ILCS 5/12-503, and as such is in the equipment violation section of the IVC. However, according to the statute:

"A person found guilty of violating (the paragraphs covering window tint) shall be guilty of a petty offense and fined no less than $50 nor more than $500 (dependant on the State's Attorney recommendation and Judge's ruling) A second or subsequent violation shall be treated as a Class C misdemeanor and the violator fined no less than $100 nor more than $500. Any person convicted shall be ordered to alter any nonconforming windows into compliance with this section"

So, while it is not treated as a moving violation, the offense carries more penalties than a simple equipment violation.

Crashes and fault determination

2008-06-06T16:44:04Z

I was in a car accident on I 90 yesterday. A lady was changing lanes and she side swiped my car at highway speeds. Anyway the ISP investigated the accident and no traffic citations were issued. The Illinois State Trooper said that he could not determine who was at fault in the accident because both stories seem plausible. I said she hit me and she said that I hit her. I think its very clear from the damage to my car who was at fault. I was wondering what happens in cases like this? In the past I was in accidents where it was very clear who was at fault. I was rear ended and the other person paid to fix the car and I rear ended someone and I paid for the accident. I was also hit when I was driving my moms van and it was the other persons fault. I also heard that the ISP is not very big on giving out tickets for car accidents and I do not know if that was true are not. To sum everything up do you know what is the result for accidents like this or would I have to talk to my claim rep about this?
Thanks
Jim

]]> Thanks for your question Jim. The Illinois State Police investigates thousands of car crashes every year, and our policy is to issue citations to drivers who are at fault, whenever that determination can be made. Often vehicles are moved from a scene due to traffic, etc. Also an officer may have several calls to handle, and the amount of time he can spend on investigating each is limited, except in very serious or fatal crashes.
Troopers interview the drivers and witnesses involved, and also try to analyze the damage and any road marks or other evidence to determine who is at fault. As you can imagine, this is sometimes difficult, or it is evident that more than one party is at fault. As you experienced, the officer is often also presented with different accounts of the event from those involved. That said, if there is clear evidence of who was at fault, the Trooper should issue a citation. Be sure to point out any observations or potential evidence to your insurance investigator.
Ultimately, determination of who will pay for damage falls to the insurance companies. This is true even in cases where a citation has been issued. The citation is a process in criminal or traffic court, whereas damages, etc. are a civil process. There are situations where even when a citation is issued, it can't be introduced into a civil process. Insurance companies routinely work these determinations out among themselves. An attorney or perhaps your insurance agent could shed more light on this for you, but that is my basic understanding of the situation.
I hope this helps to answer your question, and that everything works out to your satisfaction.
Randy

Funeral Processions

2008-04-03T19:43:34Z

Dear Randy,

What does the law say about funerals going through stop signs and also what about when the light on the highway changes when they are 1/2 way through the light? Are the second 1/2 to keep going or break up the procession?

Bob

]]> Funeral Processions are covered in ILCS 5/11-1420. In a nutshell, the lead vehicle in a funeral procession must obey traffic signals and the like, however, once it is proceeding, the rest of the vehicles in the procession have the right of way by law, and are allowed to continue behind the lead vehicle, even if the light changes. Requirements are that the vehicles in the procession have their headlights lighted, and they must yield to ambulances, fire trucks, police cars... basically any emergency vehicle. The drivers in the procession must also obey any traffic officer when directed. The law also says that vehicles in a procession must proceed with "due caution". In other words, avoid running into a person who fails to yield for the procession. The law also says that vehicles NOT in the procession cannot drive in it just to get the right of way. The law also says that the lead vehicle may be equipped with a flashing amber light, and the following vehicles may utilize funeral pennants, flags, or windshield stickers, or flashing hazard signal flashers to identify themselves as part of the procession.
Hope that information is helpful.
Randy

Lake Shore Drive - No Trailers

2008-04-03T19:03:28Z

Officer Ness--I understand the rule about truck traffic on Lake Shore Drive in Chicago. Are passenger vehicles pulling covered trailers acceptable?

Thanks very much for your reply.

]]> Cynthia,
I checked with the Chicago Police Department Traffic Enforcement Division. They told me that vehicles pulling trailers (including passenger cars) are not allowed on Lake Shore Drive, and that you would need to find an alternate route. As I have mentioned previously, this is a Chicago City Ordinance, not a state law, and as such, is enforced by the Chicago Police Department.
Randy

Out Of State No Front Plate Chicago Parking Ticket

2008-04-03T18:56:51Z

Greetings,
I recently received a $50 parking ticket from the City of Chicago for not having a front plate. I take issue with this only because I live in Michigan where they only require one plate (since the 1970s). I was only visiting Chicago and parked on a street in the Lakeview area. My car is registered in Michigan, I carry MI no-fault insurance, my plates are MI, my driver's license is MI, and my permanent address is in MI. I can't even get two plates in MI anymore. Can I really be ticketed for not complying with an Chicago municipal law?

Thanks, Dave

]]> Good Afternoon Dave,
Since your car is registered in Michigan, and no front plate is required there, you are not required to display one when driving in Illinois. It sounds like your parking ticket was written under some kind of ordinance in Chicago. Although I am not familiar with all of the City of Chicago procedures, I believe there is an option for you to contest the ticket via mail. I would write a letter and explain this situation to them. If it cannot be solved by mail, I would appear on the designated court date and take your MI registration card in, along with any other documentation you have. The Judge in the matter should dismiss the ticket once he understands the situation. Hope that information is helpful.
Randy

Window Tint for Medical Reasons

2008-04-03T16:27:36Z

If someone has been diagnosed with Lupus (A condition requiring
diligent protection from the sun) Can that person legally tint his or
her windows?

-Thanks

Dave

]]> Dave, Lupus is one of the limited number of covered Medical conditions under Illinois Law allowing the person to have tinted windows. The details are covered in ILCS 5/12-503.

However, a quick overview: The owner must obtain a certified statement or letter from a physician licensed in Illinois. This must be submitted to the Secretary of State. Most recently, the SOS has begun issuing special "WT" plates to persons with an exemption to the tint law. This allows law enforcement officials to be aware that there is an exemption, without having to stop the vehicle and ask for the Doctor's certification. Check with your local Illinois Secretary of State's Office for full information on how to apply.

Getting Driver's License back after bond

2008-04-03T16:19:01Z

How do I get my dl back quicker?

Michael

]]> If you posted your Driver's License as bond, you can call the Circuit Clerk in the County or City where you were cited, and often they will allow you to exchange it for a different form of bond, either cash or a bond card. Doing so this way still allows you to plead guilty or not guilty and go to court if you wish.

If you want to plead guilty and just pay the citation, you can do so prior to the court date. In this case, you can either mail the proper copy in to the State's Attorney's office, or go in person and pay the appropriate fine. As long as they have your ticket on file, they should be able to return your license once the fine is paid.