CAN MY CONSENT TO CHEMICAL TESTS BE USED AGAINST ME IF I WASN’T UNDER ARREST FOR DUI?

According to recent Illinois case law, the answer is a probable yes.

Under Illinois law, any person who drives or is in actual physical control of a motor vehicle upon the public way shall be deemed to have consented to chemical tests.  This is known as implied consent. Generally, you must be under arrest before the results of any testing can be used against you unless the tests fall under an exception to the warrant requirement.

One such exception is actual consent.  In  People v. Patel, the defendant had been in a traffic accident and was at the hospital where the officer asked him to submit to blood and urine tests.   The defendant agreed.  The officer testified that the defendant knew he was conducting a DUI investigation.  The court permitted the tests to be used at trial even though the defendant was not under arrest at the time because the defendant had given actual consent.

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.  Did the police follow correct procedure?  If not, an attorney can petition the court to suppress the results of that stop which could include any testing.

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 AN OFFICER SEARCH MY CAR BASED ON ANOTHER OFFICER’S PROBABLE CAUSE?

An officer stopped you for DUI and had you taking field sobriety tests. While doing so, a second officer searched your car without speaking to the first officer.  The search uncovered some narcotics, and now you are charged with DUI and illegal possession.

Was the second officer’s search legal? The answer depends on specific circumstances.

An officer may rely on another officer’s information in the same investigation to establish probable cause. The test is objective: Would a man or woman of reasonable caution be justified at the time of the search in believing that the search was appropriate?  A search could be illegal if the searching officer lacked independent probable cause and the officer who had probable cause did not direct the search.

In People v. Williams, an officer pulled the defendant over for an expired license plate.  The officer then smelled marijuana.  A second officer searched the car and found drugs.  The second officer, however, had not smelled marijuana nor had the first officer asked the second officer to conduct the search.  Therefore, the second officer could not rely on the first officer’s probable cause.  As a result, evidence from the search was thrown out.

If you have been charged with DUI or a criminal offense, contact an experienced attorney immediately. An attorney can review your case for your best possible defense.  Did the officer have probable cause?  If not, an attorney can bring a motion to suppress the evidence from the search, which at times may result in your case being dismissed.

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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ACTING QUICKLY COULD SAVE YOUR DRIVER’S LICENSE FROM AUTOMATIC SUSPENSION AFTER DUI

After a DUI arrest, the Illinois Secretary of State suspends your driver’s license beginning on the 46th day after your arrest.   An attorney can petition the court to overturn (or rescind) that suspension on certain grounds. To succeed, however, you must act quickly.

Illinois law requires that you receive a hearing on your petition on your first court date or within 30 days of filing your petition, whichever is later.  Your petition must be granted if you do not receive a hearing on time as long as you did not cause the delay.

By filing your petition promptly, your odds of success improve dramatically.  Hearing may be delayed because the officer needed to testify is not in court, or the state is not otherwise ready.  In a recent Illinois case, People v. Stoffle,  the court granted a petition after the state failed to provide defendant with the names of necessary witnesses until the last day that a timely hearing could be held. The defendant had filed certain requests for that evidence along with his petition.

If you are arrested for DUI, you should contact an experienced attorney immediately. The sooner the attorney can file your petition, the better your chances of retaining your driver’s license.

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 ARE THE PENALTIES FOR USING A CELL PHONE WHILE DRIVING IN ILLINOIS?

Illinois again raised its penalties against drivers distracted by cell phones.  The minimum fine as of July 1, 2020 is $1,000 for aggravated use of an electronic communication device when causing an accident resulting in great bodily injury, permanent disability, disfigurement or death.  Also effective July 1, 2020, your driver’s license may be suspended for twelve months.

If the accident resulted in great bodily harm, permanent disability or disfigurement to another, you can be charged with a Class A misdemeanor.  If the accident causes death, the charge is a Class 4 felony.

If you did not cause injury, penalties are $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for every offense thereafter.  As with other moving violations, your license may be suspended if you commit three offenses within one year.

The law also now prohibits streaming a video while driving.

Electronic communication devices include hand-held wireless telephones or personal digital assistants and portable or mobile computers, but do not include GPS or devices that are physically or electronically integrated into the vehicle.

If you have been charged with a traffic offense, contact an experienced attorney immediately. An attorney can review your case for your best possible defense.  The law does contain several exceptions.  For instance, you may use a hands-free device or you may use a cell phone while parked on the shoulder or stopped in normally obstructed traffic with your car set in park or neutral.

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 5/12-610.2.     See also 625 ILCS 5/6-206.

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 ME FOR DRIVING ON A REVOKED LICENSE EVEN IF I DID NOTHING ELSE WRONG?

The U.S. Supreme Court says that they can under certain circumstances.

In Kansas v. Glover, an officer ran a check on a truck’s license plate which revealed that the truck’s owner, Glover, had a revoked license.  Assuming Glover was the driver, the officer stopped the truck.  The court held that a stop on this basis did not violate Glover’s constitutional rights: “When the officer lacks information negating an inference that the owner is driving the vehicle, an investigative traffic stop made after running a vehicle’s license plate and learning that the registered owner’s driver’s license has been revoked is reasonable under the Fourth Amendment.”

While an officer must still have a reasonable suspicion of wrongdoing before making a traffic stop, an officer’s commonsense inference that a truck’s owner was likely to be its driver was enough.

While this case came from Kansas, the ruling still applies in Illinois.

If you have been charged with driving on a revoked license or similar offense, contact an experienced traffic court attorney immediately. An attorney can review your case for your best possible defense.  The Supreme Court itself has said that its ruling is a narrow one. Your stop may not be legal if the officer had information contradicting his suspicion that a vehicle owner must be the driver.  Even if the stop was reasonable 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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WHAT ARE THE GROUNDS FOR OVERTURNING A DUI –RELATED SUSPENSION OF MY DRIVER’S LICENSE?

When you are arrested for DUI in Illinois, the Secretary of State automatically suspends your driver’s license on the 46th day after your arrest.  You may be able to overturn that suspension, particularly on a first offense.  Illinois law sets out four specific grounds upon which to fight:

(1) Were you properly placed under arrest?

(2) Did the arresting officer have probable cause to believe that you were driving while under the influence?

(3) Did you refuse to take the breathalyzer or other chemical test? and

(4) Did you fail the test if you took it?

Your best chance at winning your license back may depend on your acting quickly.  Your suspension could be automatically overturned if the State misses certain deadlines.  Otherwise, an experienced DUI attorney may be able to present one of the above four arguments in its most favorable light.

If you have been charged with DUI or a similar offense, contact a DUI attorney immediately. An experienced attorney can help you through often confusing court procedures and probe for weaknesses in the state’s case.  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

Source:  People v. Stoffle

(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 SEARCH MY CAR WITHOUT A WARRANT?

The answer is yes, if the search falls under the “automobile exception” to the warrant requirement.

Because automobiles are mobile, a driver could easily take off with the evidence before police have time to get a warrant. Therefore, the automobile exception allows officers to search your car without a warrant if the officer has probable cause to believe your car contains evidence of criminal activity. The search may include any interior compartment of the vehicle that might reasonably contain a particular type of contraband. For example, an officer looking for open alcohol cannot search a coin box.

If you have been charged with a crime, contact an experienced criminal law attorney immediately.  Did the police have probable cause to believe your car contained evidence of criminal activity?  Did the police search areas other than those that might reasonably contain the contraband?  If police went beyond the limits authorized by the automobile exception, an attorney may be able to bring a motion to suppress the results of any unlawful search.

Note that determining whether a police search violated the law is very fact specific, and different judges can weigh those facts very differently.  Therefore, it is important to have an attorney who is familiar with the courthouse and can better present your particular situation.

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.

Reference:   People v. Davis

(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 POLICE NEED A WARRANT TO GET MY BLOOD TEST RESULTS FROM A  HOSPITAL?

After having too much to drink, you were involved in an auto accident and taken to the emergency room.  The nurse was very friendly while taking a sample of your blood.  The hospital had your blood tested for alcohol which showed you were way over the legal limit. The police then got the results and charged you with DUI.

Did the police violate your constitutional rights by getting those results without a warrant?

The answer is no, as long as the nurse was not acting as an agent of the police.

A blood test is a search within the Fourth Amendment and thus requires police to obtain a search warrant before drawing your blood. The warrant requirement, however, does not apply to searches conducted by private individuals performed independently of the police. Often, a blood test is necessary before the hospital can treat you.  If the test was not medically necessary and the police were leaning on the nurse to perform it, however, you may be able to prove that the search was illegal.

If you have been charged with DUI or a similar offense, contact an experienced attorney immediately. An attorney can review your case for its best possible defense.  Were the police asking or badgering the hospital to perform a medically unnecessary test? If so, an attorney may be able to petition the court to suppress your test results.

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 blog: Can Police See The Results of My Hospital Blood Test? and Can the State Use the Results of a Forced Blood or Urine Test? It Depends on who’s Doing the Forcing

Reference: People v. Deroo

(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 I BE CONVICTED OF DUI WHEN THE CAR WAS OFF?

The answer is yes.

In Illinois, you may be guilty of DUI if you are in actual physical control of a vehicle while under the influence of alcohol. To convict you, the state need only show that you had the capability or potential of operating the car.

To determine actual control, courts look at factors including whether you are in the driver’s seat in possession of the ignition key and whether you have the physical capability of starting the engine and moving the vehicle. Illinois courts have convicted drivers based on the following:

  • Defendant was zipped in a sleeping bag inside the backseat.
  • Defendant was pushing his car down the road with no one else present.
  • Defendant was staggering near a smoking vehicle which was registered to him.
  • Defendant was slumped on the passenger side of the vehicle.
  • Defendant’s head was on the driver’s side door with legs extended across the front seat.
  • Defendant was standing outside the open driver’s side door of a truck even though another person was nearby, and there was no proof as to who owned the truck.

If you have been charged with DUI, contact an experienced attorney immediately. An attorney can review your case for your best possible defense. An attorney may be able to raise doubts about whether you were actually in control of the vehicle. Even if you were in control, can the state prove you were under the influence of alcohol? How well did you do on any field sobriety tests? Does the police video show you driving safely? 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.

Sources: People v. Cox and People v. Davies.

(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 SEARCH MY CAR AFTER THEY IMPOUND IT?

After you were arrested for DUI, the officers impounded and searched your car. The search yielded several capsules of an illegal narcotic. The officers did not have a warrant. You are now charged with possession with intent to deliver as well as DUI. Was the search of your car legal?

The answer is generally yes. Officers are allowed to perform an inventory search without a warrant. The search, however, must satisfy three criteria:

  1. The original impoundment of the vehicle must be lawful;
  2. The purpose of the inventory search must be to protect the defendant’s property, to protect the police against allegations of theft or damage, or to protect the police from danger; and
  3. The inventory search must be conducted in good faith and not as a pretext for an investigatory search.

If any of the three criteria are missing, you may be able to suppress the evidence from the search.

For example, in People v. Davis, Illinois law required police to impound a defendant’s vehicle for driving on a revoked license without proof of insurance. However, the police never asked the defendant for his insurance. As a result, the court found the original impoundment of the vehicle was not lawful.

If you have been charged with a DUI or a criminal offense, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. Did police have probable cause to arrest you? Was the search of your vehicle legal? 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 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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