CAN I BE DEPORTED FOR DUI?

The answer is probably no for simple DUI, but possibly yes for aggravated DUI. In short, the answer may depend on whether your DUI could be considered a crime of moral turpitude.

In Marmolejo-Campos v. Holder, the court stated that a simple DUI has never been considered a crime of moral turpitude, but an aggravated DUI could be such a crime. In interpreting an Arizona DUI law, the court reasoned that a simple DUI does not require an element of mental intent, but merely requires that you had control of a vehicle while under the influence of alcohol. In contrast, the Arizona aggravated DUI law required that you knew you shouldn’t have been driving while your license was suspended or revoked.

In Illinois, it is still up for debate which elements of our Aggravated DUI law involve mental intent. If you are convicted of Aggravated DUI, an immigration attorney may still be able to argue that your offense lacked the intent necessary to become moral turpitude.

In Illinois, you can be charged with aggravated DUI if 1) this is your third or greater offense; 2) you proximately caused great bodily harm, permanent disability, or disfigurement; 3) you had a prior offense involving DUI-related reckless homicide; 4) your license was suspended or revoked or 5) you knew or should have known the car you were driving had no liability insurance. (See Illinois DUI statute).

It’s important to bear in mind that even a misdemeanor DUI can reduce your chances of obtaining citizenship or even a green card.

If you are charged with a DUI, contact an experienced criminal law attorney immediately. An attorney can review your options to determine your best possible defense. Even if the 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. You should also check with an immigration attorney before entering a guilty plea to insure that the elements of your plea won’t subject you to deportation.

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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EXTRADITION TO ILLINOIS: VIOLATION OF PROBATION FOR DUI

Violating the terms of your DUI supervision or probation could result in your extradition to the state where your case was originally heard. Extradition means you could be arrested in your current state and brought back to face charges in the original state.

Let’s say you didn’t attend alcohol education classes, or you failed to take required drug tests. If you did not honor the conditions of your original DUI plea agreement, a petition for violation of your probation could be filed in the original state. Whether you will be extradited to that state is usually up to the county prosecutor, and it is impossible to predict their decision in any given case.

If you are at risk of extradition to Illinois, you should contact an experienced Illinois criminal law attorney immediately. An attorney can review the facts of your case for your best possible defense. Sometimes a violation of probation is a result of a miscommunication, and an attorney can help sort this out.

Even if you did violate probation, an attorney may help you through the court system to clear the matter up. At times, this can mean negotiating a more favorable plea agreement than you might be able to get 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 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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NEW ILLINOIS RULES FOR GUILTY PLEAS

As of January 1, 2017, changes to Illinois law require the court to give new warnings about the consequences of a guilty plea.

Before you plead guilty, a judge must first warn or “admonish” you about what your plea really means. The judge will ask if you understand the rights you are giving up, such as your right to a jury or to present evidence in your defense.

Under the new rules, the judge must clearly explain: 1) the maximum and minimum penalties for your crime; 2) that you are more likely to receive a higher sentence or consecutive sentences for any future conviction; 3) that your conviction may restrict where you can live, work or be present; and 4) that it may be more difficult to find a job or place to live, or to keep or obtain a license for a gun, car or occupation. The court can only accept your plea once you indicate that you understand these warnings and wish to move forward.

A guilty plea should be your last resort. Your attorney should review your case to determine if there is a better option. But if the evidence is overwhelming and the police acted lawfully, a guilty plea might be your only real choice. In that case, an attorney who is respected in the court house may help 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.

Source: Illinois Plea Statute.

(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 YOU FOR DUI OUTSIDE CITY LIMITS?

The Illinois criminal code generally limits arrests outside a police officer’s jurisdiction except under certain circumstances. The Illinois municipal code, however, permits an officer to make an arrest in an adjoining municipality as long as it is within the same county.

Under the criminal code, an officer may arrest you in another jurisdiction (1) if the officer is investigating criminal activity that occurred in the officer’s primary jurisdiction and the temporary questioning or arrest relates to that investigation; (2) the officer becomes personally aware of the immediate commission of a felony or misdemeanor; or (3) the officer is asked by other law enforcement officials for help. (See 725 ILCS 5/107-4.)

A recent Illinois appellate case, People v Bond, allowed a Blue Island police officer to arrest a defendant for DUI on the Chicago side of a Blue Island street. The defendant was asleep in his illegally parked car which jutted into traffic. The Blue Island officer crossed into Chicago to investigate the parking offense and arrested the defendant upon finding evidence of DUI. While it was unusual for an officer to cross into an adjoining jurisdiction for a petty offense, the court found that the officer had the authority under the municipal code to arrest the defendant. (65 ILCS 5/7-4-7 and 65 ILCS 5/7-4-8.)

If you are arrested for DUI or a similar offense, contact an experienced DUI attorney immediately. An experienced attorney can review your case for its best possible defense. 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.

See our related post: Outside the City Limits: Hot Pursuit in Illinois.

(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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OVERTURNING YOUR DRIVER’S LICENSE SUSPENSION BASED ON A PRESCRIPTION DRUG

You are on prescription medication. While driving, you ran a stop sign, and the police pulled you over. You were arrested for DUI. As a result, the Secretary of State has suspended your driver’s license.

Your prescription is legal. Do you have a defense? What can you do?

When you are arrested for an Illinois DUI, the Secretary of State automatically suspends your driver’s license for a certain time. You may, however, try to get this suspension thrown out based on your lawful prescription.

To eliminate or rescind the statutory suspension, your attorney must petition the court for a hearing. At the hearing, you must prove that your prescription did not impair your driving. The state must then disprove your claim that you were not impaired and justify your suspension. If you contest your suspension based on a prescription drug, you must prove 1) you had a valid prescription, 2) you used your prescription lawfully, and 3) you could still drive safely or in other words, your driving was not impaired. (See People v Brantley.) If you are successful, you will again be allowed to drive.

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. If the police acted improperly, the attorney may be able to petition the court to suppress the evidence from any search. Even if the 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.


(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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YOUR OUT OF STATE DUI: WHAT YOU CAN DO IN ILLINOIS

You were celebrating the holidays in Illinois with friends or relatives. You had a few drinks too many before starting the long drive to your home state. Before you left Illinois, a trooper pulled you over, and now you are charged with DUI.

What can you expect? Can you get any consideration for the fact you live out of state?

Unfortunately, the case cannot be transferred to your home state. Your court appearances in Illinois are mandatory, and you will have to appear at least once. If you intend to contest your DUI—which is usually a good idea, you may have to come at least three to five times. However, in some instances, your attorney may be able to work something out in advance with the prosecutor so that you won’t have to appear on your first date. It may also be possible to schedule other court dates to some extent around your availability.

If you plead guilty or are convicted at trial, you will be required to get an alcohol evaluation. The evaluation must usually be done in the same county as your offense. The evaluation will recommend some level of treatment such as alcohol classes. If the judge allows, you may able to complete your requirements in your home state.

If you do get an out of state DUI, do not treat it lightly. Depending on where you live, a DUI in Illinois can have serious consequences in your home state.

If you are charged with DUI or a similar offense, contact an experienced criminal law attorney immediately. An experienced attorney can review your case for its best possible defense. An attorney can also help you navigate through the court system to minimize the amount of stress and inconvenience of an out of state offense.

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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DO THE CHARGES AGAINST YOU COMPLY WITH ILLINOIS LAW?

In order to charge you with DUI or another offense, the prosecution must prepare written charges against you. Under Illinois law, the charges called the indictment, must contain certain elements. If the indictment is missing an important element, the charges could in limited cases be dismissed.

Illinois statute 725/5-111-3 requires the indictment to contain: 1) the name of the offense, 2) the statute violated, 3) the nature and elements of the offense, 4) the date and county where the offense occurred where possible, and 5) your name as the accused, if known. If the state does not know your name, they may use any name or description that would be reasonably certain to identify you.

If the state seeks an enhanced sentence based on a prior conviction, the indictment must provide that information. The state must also notify you, either through the indictment or other writing before trial, of any fact that would allow the state to obtain a greater than maximum sentence.

If the indictment contains minor mistakes such as a misspelling or an unnecessary allegation, the state may simply correct the charges. If the mistake is substantive, the charges could be dismissed before the trial.

If you raise the defective indictment on appeal, the court will examine whether you were prejudiced in your defense because of the mistake.

In People v Swift, a defendant convicted of Aggravated DUI alleged that the indictment omitted the element that his conduct proximately caused the victim’s injuries. The court looked at whether 1) the indictment was defective, 2) the defect was formal or substantive, 3) the defendant was required to show the mistake prejudiced his defense, and whether it in fact prejudiced his defense. The court held that the mistake, while substantive, did not prejudice the defense, and therefore, his conviction would stand.

If you are charged with DUI or a similar offense, contact an experienced DUI attorney immediately. An attorney can review your case to present your best possible defense. If the prosecution or police failed to follow the law, an attorney may be able to petition the court to dismiss the case or at least restrict the prosecution’s case in some other fashion. Even if the evidence against you is overwhelming, an experienced attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you can 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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DID YOUR CAR COMMIT A CRIME? THE ILLINOIS LAW ON FORFEITURE

After you were arrested for DUI or another offense, the state took a look at your expensive car. Maybe the car really belonged to an innocent third party. In any case, the state wants to keep it.

Can they do that? What can you do?

Illinois criminal law allows the state to seize a vehicle, including a car, boat or airplane, involved in a crime. The state files a civil forfeiture action against the vehicle itself, and thus the property would be listed as the defendant.

Under the Illinois Seizure Law, the state may seize any vehicle used with the owner’s knowledge and consent in the commission of a crime. Such crime may include arson, robbery, predatory sex offenses, murder, kidnapping, drug offenses, gambling, DUI and stalking. The property must have helped facilitate the offense in some way.

Within 14 days of a seizure, the state must request a preliminary hearing for the court to determine if there is probable cause to seize the property. The owner need not be notified at this stage. Once the court determines there is probable cause, the state must file the forfeiture action and notify the owner. The vehicle is held until the court’s final decision.

In a forfeiture, the state must prove that the vehicle was used in the commission of the offense by a preponderance of the evidence. The owner may then show that he or she had no reason to know the vehicle would be used in that way. The state may then disprove the owner’s claims. If the state wins, you lose your property.

If you have a vehicle subject to a forfeiture, contact an experienced criminal law attorney immediately. An attorney can guide you through the procedure and help present the best possible defense to get your property back.

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.

Source: People ex rel Brendon F. Kelly vs One 2008 Chevy Trailblazer.

(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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THE AUTOMATIC DUI SUSPENSION OF YOUR DRIVER’S LICENSE: WERE YOU ON PUBLIC OR PRIVATE PROPERTY?

If you are charged with DUI in Illinois, the Secretary of State can automatically suspend your driver’s license—but only if you were not on a “public highway.”

The law defines a “public highway” 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.” (625 ILCS 5/1-126.)

A parking lot may be a public highway even if it is on private property. For example, a Metra train parking lot, maintained by a municipality, is a public highway. However, a grocery store parking lot is not a public highway if the lot is privately owned and is not maintained by the municipality. A restaurant lot is also not a public highway where it is fenced and privately maintained and signs indicate parking is for patrons only.

The defendant has the burden of proving they were not on a public highway. In one Illinois case, the driver lost because she did not present evidence as to whether the Jewel grocery store parking lot was publicly owned or maintained. See People v Helt.

If you are charged with DUI, you should consult an experienced DUI attorney immediately. An attorney can file a petition seeking to overturn your automatic driver’s license suspension. If the petition is granted, then you will not lose your driving privileges. While the petition may be a long shot, the odds of success depend on how quickly you act after your DUI arrest.

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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CAN THEY TAKE MY BLOOD WITHOUT A WARRANT? THE U.S. SUPREME COURT SAYS “NO.”

In a recent decision, Birchfield v. North Dakota, the U.S. Supreme Court held that a state cannot require you to take a blood test in order to enforce its drunk driving laws. Subject to certain exceptions, the police must get a warrant.

Under the Illinois implied consent law, you are deemed to have consented to DUI tests once you are arrested for DUI. You may still refuse the tests, but your refusal comes at a price—the extended suspension of your driver’s license. In its recent decision, the U.S. Supreme Court reviewed a North Dakota law which subjected a driver to criminal penalties for refusing a blood test.

The court held that breath tests are not intrusive and do not violate privacy concerns. A blood test, however, is another matter. Blood tests pierce the skin and blood can be stored for other purposes besides DUI evidence. While the state may fear that evidence of alcohol will be lost as blood metabolizes, a breath test provides police with a less intrusive option than a blood test, and a breath test may be performed as part of a search incident to an arrest. Therefore, drivers cannot be criminally punished for refusing to submit to a blood test.

Police may still draw your blood with your consent. Even then, the state must follow certain rules for taking and storing the sample.

If your blood was taken without your consent for a DUI, consult an experienced attorney immediately. Depending on how and why the sample was taken, you may have grounds to suppress the test results. Even if the police strictly followed the law, a DUI attorney can probe for other weaknesses in the state’s case, or if all else fails, negotiate a more favorable plea agreement 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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