Illinois Medical Marijuana Law in Direct Conflict with Vehicle Code

Illinois Medical Marijuana Law in Direct Conflict with Vehicle Code

By: James Bizzieri

Beginning in 2014, the Illinois medical marijuana law came into effect. Though the first batch of medical marijuana is not yet available to patients, people are already concerned about how this new law will interact with other statutes. In particular many are concerned about how the legal consumption of marijuana will affect a patient’s ability to follow the Illinois Vehicle Code, which provides a prohibition against driving while impaired under the influence of drugs. Our auto accident attorneys are currently observing the evolution of this issue in order to determine the legal ramifications of this conflict between the new Illinois medical marijuana law and the Illinois Vehicle Code.

The Contradictions between Laws

 The Illinois Medical Cannabis Pilot Program, which is still being developed by the Illinois Department of Public Health, will provide the legal framework for the lawful consumption of marijuana in Illinois. Currently, Illinois has a zero tolerance policy when it comes to driving while impaired. No matter the drug, or amount in your system, you will be found guilty of a DUI if you are pulled over by the police and prosecuted for driving while under the influence of a narcotics such as marijuana. The Department of Public Health, which has the duty of overseeing the Program's patient registration process, has released draft rules that provide potential guidance for handling those who are driving impaired while under the influence of marijuana. These proposed rules look to the National Highway Traffic Safety Administration field sobriety tests to provide a legal standard for determining whether a motorist is illegally driving while impaired.  

Though the adequacy of field sobriety tests has long been recognized by the Illinois Vehicle Code, many believe that these tests will not be enough. This is because field sobriety tests are primarily designed to discover whether a person is under the influence of alcohol and no other substances like marijuana. Further confusion exists because the Illinois Vehicle Code does not provide a legal threshold for marijuana intoxication, though a threshold of 0.08 blood-alcohol content is the standard for drunk driving.

The Proposed Rules

The Department of Public Health’s proposed rules attempt to remove some of the confusion regarding the medical marijuana law and the Illinois Vehicle Code. These proposed draft rules requires that those who receive a medical marijuana registry card must agree to refrain from driving while impaired from marijuana use. The proposed Code also requires card recipients to consent to field sobriety if prompted by an Illinois police officer. The penalty for refusing to undergo a field sobriety test is a one year driver’s licenses suspension, as well as the revocation of the medical marijuana registry card. However, the driver’s license suspension will be reduced to only 6-months for those who comply with the requirement that they take a sobriety field test. 

Though the Illinois Medical Cannabis Pilot Program is not yet up and running, it has already sparked debate regarding the legal prohibition against driving under the influence of marijuana. If you have any legal questions regarding Illinois Vehicle Code you should contact a car accident attorney here or call our Chicago office of Bizzieri Law at 773-881-9000.

 

General Motors Begins Talks with Claim Victims

General Motors Begins Talks with Claim Victims

By: James Bizzieri 

The car manufacturing company General Motors (GM) is under extreme scrutiny because of car accidents caused by a defective ignition switch that was installed in certain GM vehicles. This PR nightmare has been amplified by the fact that GM admitted to having known about the defect for over a decade before the defect became public knowledge. Currently, the company has been embroiled in multiple legal proceedings over the defect. A recent meeting between GM’s attorneys, claim victims and their families is considered to be the first step in an attempt to resolve this complex personal injury suit. Our Auto Accident attorneys are careful watching the evolution of this issue and what effects it will have on personal injury law.

The Claims Against General Motors

 

The main class action personal injury suit against GM revolves around a vehicle ignition switch defect discovered in GM cars. If jostled, the defective switch can sometimes turn off the power while the GM vehicle is still in motion. This power shut off also disables the vehicle’s air bags, and prevents the vehicle’s brakes and power steering systems from functioning properly.  The revelation that this defect had caused car accidents, and that GM knew about the defect for over 10 years, has resulted in a public relations nightmare for the company. Around 2.6 million GM cars carrying the defective ignition part have been recalled by the company. It is estimated it will cost GM billions of dollars to both repair the recalled cars and to also defend claims against GM for the defective ignitions. Though not revealing its criteria for counting deaths caused by the defect, GM estimates that at least 32 accidents and 13 deaths have been caused by the car defect.

Currently, there is a class action suit that has been filed against GM because of the defective ignition. GM is technically insulated from legal claims stemming from before its July 10, 2009 bankruptcy reorganization. However, GM officially stated that this distinction will not be applied to death claims and personal injury suits. This distinction is significant because GM is facing an avalanche of litigation from disgruntled GM customers, while also fending off federal investigations from Congress, the Justice Department and Securities and Exchange Commission.

The Meeting With the Families of Claimants

At the beginning of May GM’s head attorney met with the families of claim victims and their attorneys for over 4 hours. The intended goal of this meeting was to begin to map out a process for providing compensation for victims of the faulty switch. While specific dollar amounts for compensation were not discussed this meeting allowed the victims' attorneys to illustrate both the quantity and quality of the victims' personal injury claims. The fact that GM is opening talks with claimants and their families is significant. It comes at a time when GM has been doing everything in its power to have the courts throw out other class actions suits that request that GM provide compensation for the economic losses arising from the diminished value of the recalled cars.

Though the meeting between legal counsel and the claim victims and their families may not seem like a significant event, it represents GM’s most concrete attempt to finally begin the process of compensating the victims of their defective vehicle ignition. If you think you have a personal injury claim you should contact the personal injury attorneys here at the Bizzieri Law Offices in Chicago, IL today.