CAN POLICE STOP MY CAR BASED ON A TIP?

Posted on February 20, 2025 by mdkeenan

The answer is yes, but the information must be reliable and allow the officer to reasonably infer that you were involved in criminal activity.

In determining reliability, a court partly looks at whether the tipster was anonymous or not. Calls made to 911 are not anonymous, and thus more reliable, because the police can identify the caller, even if he or she did not give a name.

While less reliable, an anonymous tip may still provide police with the reasonable suspicion they need to stop you.  The court considers the following factors:

(1) Was there  enough information such as the vehicle’s make, model, license plate number, location and bearing  so that the officer may be certain that he or she stopped the right car?

(2) How long was the time between when police received the tip and when they located the car?

(3) Was the tip  based upon contemporaneous eyewitness observations?

(4) Was the tip sufficiently detailed to reasonably infer that the tipster actually witnessed an ongoing motor vehicle offense?

A DUI offense requires less corroboration because of the risk to the public and the driver.

In  People v. Johnson, a tipster called the police emergency line to report defendant driving while intoxicated with two small children inside. The tipster identified the car and location with sufficient detail so that the officer could be sure she had stopped the right car. The officer followed the car to observe the driver, although she need not have done so. Defendant drove in an odd manner, corroborating the tipster’s report. Therefore, the court said the stop was justified.

If you have been charged with DUI or a similar offense, contact an experienced attorney immediately.  An attorney can review your case for your best possible defense.  Was the tipster’s information reliable?  Was the police stop lawfull?  Can the state prove all the elements of your offense beyond a reasonable doubt?  Even if police acted legally and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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DOES THE ODOR OF CANNABIS JUSTIFY A POLICE SEARCH?

Posted on January 31, 2025 by mdkeenan

The Illinois Supreme Court says it doesn’t.

Before the court’s decision, there had been some confusion on the topic.  One appellate court said that the smell by itself justified a search, while another appellate court said it didn’t.  But the Illinois Supreme Court has ruled: “The laws on cannabis have changed in such a drastic way as to render the smell of burnt cannabis, standing alone, insufficient to provide probable cause for a police officer to search a vehicle without a warrant.” This change in law applies after January 1, 2020.  See People v. Redmond.

The odor of burnt cannabis can still be considered along with other factors in determining whether an officer had probable cause to search your car.  Were you driving erratically?  Were you smoking in the car?  Was there paraphernalia or other signs of use in the car? Was the cannabis lying open on the seat?

Were you on a highway? A highway is defined as “the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or located on public school property.” If you weren’t on a highway, the rest of the facts against you might not matter.  See 625 ILCS 5/1-126.

If you are charged with DUI or another offense, contact an experienced attorney immediately.  An attorney can review your case for your best possible defense.  Did the police have probable cause?  If not, an attorney may be able to petition the court to suppress the evidence from the stop or search.  In some cases, this could result in the court dismissing the charges against you.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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WHAT IS DRIVING ON A SUSPENDED LICENSE IN ILLINOIS?

Posted on January 19, 2025 by mdkeenan

You pled guilty to DUI a couple months ago, and now your license is suspended.  Unfortunately, you needed to get someplace fast, and you thought you could get away with driving just this once.  But after you missed a stop sign, the police pulled you over and charged you with driving on a suspended license.

What can happen to you?  What can you do?

Driving on a suspended or revoked license due to an underlying alcohol offense may offer a choice between jail time or community service for the first two offenses.  After that, a jail sentence is mandatory.

The news gets worse if you could have received a permit allowing you to drive with a breath-activated ignition device, but failed to do so, or if you got the permit but didn’t use the car with that device.  Then, your first offense escalates to a Class 4 felony and a minimum jail term of 30 days. In addition, the Secretary of State can substantially increase the length of time that your driver’s license is suspended.

Getting caught driving on a suspended license can be difficult, but not entirely hopeless.   The state has the burden of proving beyond a reasonable doubt that you were driving, and that your license was suspended or revoked for an underlying alcohol-related offense.  While this is not a difficult, you may still have a defense.  Did the police have probable cause to stop you?  Did an emergency force you to drive?  Is there some mistake concerning the underlying reason for your suspension?

An experienced DUI/traffic law attorney can help evaluate your case for its best possible defense.  Even if police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference:  625 ILCS 5/6-303.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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WHAT IS THE CRIME OF STREET RACING IN ILLINOIS?

Posted on December 28, 2024 by mdkeenan

The scene comes at the end of the movie American Graffiti.  Two cars racing side by side, one driven by Harrison Ford with Cindy Williams as passenger.  Harrison’s car loses control, flips over and sets on fire.  Luckily, no one is hurt.   (See the drag racing scene here: https://www.youtube.com/watch?v=UqawJzVsvxM.)

In Illinois, Harrison could be charged with a Class A Misdemeanor for the crime of street racing.  Had Cindy Williams been seriously injured or disfigured, Harrison could face charges of aggravated street racing,  a Class 4 felony.  Besides a possible jail or prison sentence, Harrison could be fined and his driver’s license revoked.

If Harrison’s car belonged to a third party who agreed to the street racing, the car’s owner could face a Class B misdemeanor.  A second or later conviction is a Class A misdemeanor.

Besides the street racing depicted in  American Graffiti,  Illinois law also defines street racing as using one or more vehicles to: (1) outdistance another, (2) prevent another vehicle from passing. (3) arrive at a destination ahead of another vehicle, or (4) test a driver’s physical stamina or endurance over long distances.

Street sideshows where you knowingly interfere with traffic are also illegal.  A “street sideshow” is an event in which one or more vehicles blocks traffic  to perform stunts or speed contests.

If you are charged with street racing or a similar offense, contact an experienced attorney immediately.  As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt.  Can the state prove you were operating the car? If you were the car’s owner, did you have actual knowledge that the driver would use the car for street racing?  Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference: 625 ILCS 5/11-506 

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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AGGRAVATED DUI WITHOUT A DRIVER’S LICENSE

Posted on December 13, 2024 by mdkeenan

In Illinois, a simple DUI can become an aggravated offense if your license is not in order.  There are two ways that this can happen:

  • Your license was revoked or suspended because you have a prior DUI, reckless homicide or failure to stop after a crash or you have a statutory summary suspension from the Secretary of State.  (625 ILCS 5/11-501(d)(1)(G).)
  • You don’t have a driver’s license or related permit. (625 ILCS 5/11-501(d)(1)(H).)

Let’s say you have a driver’s license, but for one reason or another, it’s expired. Maybe you didn’t pay child support.  Or you didn’t pay some traffic ticket fines.  Can you still be charged with aggravated DUI?   According to recent Illinois case law, the answer is no.  Your license need not be valid or current as long as it is not revoked or suspended for the offenses listed above.

If you have been charged with DUI, contact an experienced DUI attorney immediately. An attorney can review your case for its best possible defense.  Did the police have probable cause to stop you? Can the state prove all the elements of your offense beyond a reasonable doubt?  Is your license suspended for a reason other than the listed offenses?  Did you take field sobriety tests?  Is there a video?  Does your driving look impaired?  Even if police acted legally and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference:   People v. Cruz-Aguilar.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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CAN POLICE ARREST THE DESIGNATED DRIVER FOR DUI?

Posted on December 1, 2024 by mdkeenan

You went out with friends for a birthday.  Early on, you had a few drinks but after that you sipped ginger ale in order to be the designated driver.  A few hours later, police pulled you over for speeding. Then, they spotted an open beer can that one of your friends had brought into the car.  After ordering you out of the car, you agreed to the field sobriety tests, but unfortunately, you tripped during the tests and the officers arrested you.

Can the police arrest you when you were actually the designated driver?

Unfortunately, the answer is yes.  However, the police must have probable cause, which you may be providing when you fail the field sobriety tests.  Unless there is a breathalyzer or blood test, the prosecution in Illinois can rely strictly on the results of these tests to convict you.  And remember that very few of us are at a peak of flexibility and balance after midnight, which is when many arrests happen.

If you are arrested for DUI under these circumstances, all is not lost.  The state must still prove the elements of a DUI beyond a reasonable doubt.  Are the field sobriety tests enough to prove you were impaired?  Different judges may interpret these tests differently.  Minor mistakes may not be enough to convict you.  Are there other reasons that you may have failed the tests?  Do you have an injured leg?  Did you work a long shift before going to the party?  Are you in your 60s or older?  Are you relatively obese?  All these factors may influence the results of the test.

If you are charged with DUI or a similar offense, contact an experienced DUI attorney immediately. An attorney can review your case for your best possible defense.  Did police have probable cause to arrest you?  Can the state prove you were the driver or that you were impaired? Even if police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea that you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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WHAT IS DISTRACTED DRIVING IN ILLINOIS?

Posted on November 22, 2024 by mdkeenan

According to the National Highway Traffic Safety Administration, distracted driving killed 3,308 people in 2022.  But what exactly is distracted driving?

In Illinois, you may not drive while using a wireless telephone or electronic communication device. This includes streaming video, taking part in a video conference such as Zoom or accessing social media. A violation may result in a fine.  However, your violation can become a Class A Misdemeanor if it caused great bodily harm, permanent disability or disfigurement and a Class 4 Felony if it caused death.

An electronic communication device includes handheld phones or computers, but not a GPS that is integrated into the car’s system. Wireless telephones means a device that can transmit or receive communications without a wire connecting the device to the telephone network.

It is not an offense if you use an electronic device and/or wireless telephone:

*to report an emergency;

*in hands-free or voice-operated mode, which may include the use of a headset.  This exception does not allow you to stream video, go on Zoom or access social media.

* in driving a commercial motor vehicle when you are  reading messages displayed on a permanently installed device;

* when parked on the shoulder of a roadway;

* when stopped due to normal traffic being obstructed and your car is in neutral or park;

* when using two-way or citizens band radio services or  two-way mobile radio transmitters or receivers for licensees of the Federal Communications Commission in the amateur radio service;

*  to press a single button to initiate or terminate voice communication. This exception does not allow you to stream video, go on Zoom or access social media.

Certain other rules apply to the use of wireless telephones concerning where you use them and whether you are under age 18.

If you are charged with a violation, contact an experienced attorney immediately.  An attorney can review your case for your best possible defense.  As with most crimes, the state must prove all elements of the offense beyond a reasonable doubt.  Did your use of the device cause the accident?  Does one of the exceptions apply to you?  Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference:  625 ILCS 5/12-610.1   and 625 ILCS 5/12-610.2.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

 

 

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DO I NEED TO COME TO COURT FOR A TRAFFIC TICKET?

Posted on November 15, 2024 by mdkeenan

You were driving home from work when you got nailed for speeding. Or maybe you simply blew a stop sign or failed to signal. You wish to contest the ticket, but the court date is set for a time when you will be out of state. Do you have to come to court?

In certain circumstances, the answer is no. While for nearly all criminal offenses, your appearance in court is mandatory, traffic tickets are slightly different. However, it may still depend on your offense.

For most moving violations such as following too closely or speeding less than 31 miles over the limit, you may not need to appear as long as you retain an attorney and give the attorney written authorization to proceed in your absence. An attorney will likely have to make a plea agreement on your behalf, but on occasion, I have gotten tickets dismissed for clients in their absence.

For a speeding ticket, some courts will require you to appear in person.  Other courts will allow you to authorize an attorney to appear on your behalf.

If one of your tickets is for no proof of insurance, and you had insurance or got late compliance insurance, you can provide the proof to your attorney along with the authorization, and an attorney can act on your behalf.

While you may be tempted to simply pay your ticket by mail and avoid the hassle of going to court, this is not a good idea. A ticket resolved by mail is often reported as a “conditional discharge” or conviction, which can increase your car insurance premiums. (This does not apply to red light camera tickets, which are issued against the car and not the driver.)

For speeding 26 or more miles over the limit, you must still appear yourself in Court and you are best advised to bring an attorney. An attorney may be able to contest your case or at least help you obtain a more favorable plea bargain than you might do on your own.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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IS IT TOO LATE TO CLEAR MY OLD ILLINOIS ARREST WARRANT?

Posted on October 25, 2024 by mdkeenan

Years ago, you got in trouble in Illinois.  You were arrested for a DUI or some other criminal offense, and then you left the state without finishing your case.  Maybe you never actually lived in Illinois and picked up the offense while visiting.  In any case, it’s been years, maybe even decades, and you would like to put the matter behind you once and for all.  Is it too late?

The answer is probably not.  An attorney can usually petition the court to bring even a very old case back into court.  You would likely have to appear in person, but it may be possible to pick a date for you to come in ahead of time.

Once the matter is reopened, an attorney can help you with the original offense.  In some instances, the state may no longer be able to prove your case, leading to a dismissal.  In other cases, you might have to negotiate a plea agreement.

If your offense is severe, it may be more difficult to end the matter positively and quickly, but an attorney can help explain the benefits and drawbacks of going back to court as well as help you present your defense in its most favorable light.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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CAN POLICE TEST MY BLOOD IF I AM UNCONSCIOUS?

Posted on October 6, 2024 by mdkeenan

You appear to have caused an accident when driving home from a party.  The crash was bad enough that you were knocked unconscious.  When you came to in the hospital, the medical staff had tested your blood for substances and the police arrested you for DUI.

Can they do that?  What can you do?

Under Illinois law, you are presumed to have consented to the chemical testing of your breath, blood or bodily fluids when you drive on public roads.  Of course, you may still refuse testing, although you may face certain penalties if you do.  For example, the Secretary of State may double the time your license is suspended.

But what if you are unconscious or otherwise unable to make your refusal clear?  Under Illinois law, you are considered not to have withdrawn your consent to testing when you are unconscious or even deceased. And, if you receive medical treatment because of the crash, police may ask any medical professional to test your blood as long as medical personnel believe doing so will not endanger your well being.

If you have been charged with DUI or similar offense, contact an experienced attorney immediately.  An attorney can review your case for your best possible defense.  Was your actual refusal ignored? Was your blood drawn while receiving medical treatment or by one of the people authorized in the law?  For example, if taken by a phlebotomist, were they acting under the direction of a licensed physician?  Can the state prove all the elements of the offense beyond a reasonable doubt such as that you were the actual driver or that you caused the crash?

Even if the evidence is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference: 625 ILCS 5/11-501.6.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

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