SCOTT’S LAW ADDS COUNTS FOR NOT MOVING OVER IN AN EMERGENCY

Posted on October 11, 2026 by mdkeenan

Recent changes to Scott’s Law, known as the “Move Over” create a couple new ways to get into trouble for failing to yield to an emergency vehicle.  See 625 ILCS 5/11-907

Scott’s Law was named for Lieutenant Scott Gillen of the Chicago Fire Department after he was killed by an intoxicated driver while assisting at a crash on the Dan Ryan Expressway.

Under Scott’s law, when approaching a stationary emergency vehicle or an emergency scene, you must proceed with due caution. You must either yield the right of way or make a lane change to a lane not adjacent to the emergency vehilce where safe and possible. You  must also reduce your speed to one that is reasonable and proper with regard to traffic conditions to avoid a collision, leaving a safe distance until safely past the emergency scene.

Under the amended law, you must yield the right-of-way to any authorized emergency vehicle that displays flashing lights and is obviously and actually engaged in work upon a highway, whether the vehicle is stationary or not. “Authorized emergency vehicle” includes any vehicle authorized by law to be equipped with oscillating, rotating or flashing lights while the owner or operator  is engaged in official duties.

Drivers of vehicles approaching a stationary authorized emergency vehicle in any lane shall heed the warning of the lights, reduce their vehicle’s speed, proceed with due caution, maintain a safe speed for road conditions, be prepared to stop, and leave a safe distance until safely passed the stationary emergency vehicle.

You must also yield the right-of-way to an emergency worker obviously and actually engaged in work upon a highway at an emergency scene. And you must yield the right-of-way to any pedestrian upon a highway directly involved in the emergency scene.

Your driver’s license can be suspended  (1) 90 days to one year for a violation that results in property damage, (2) 180 days to 2 years for one that results in injury to another, and (3) two years if your violation resulted in death. Driving while intoxicated or using an electronic or wireless communication device while driving can be aggravating factors, resulting harsher punishment.

Violations can further result in fines, civil and criminal penalties.

If you are charged with violating Scott’s law, contact an experienced traffic law attorney immediately.  An attorney can review your case for its best possible defense.  As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt.  Was the vehicle and authorized emergency vehicle? What exactly is a reasonable and proper speed?  Was the emergency vehicle or worker obviously and actually engaged in work?

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.

(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 September 25, 2026 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 involving personal injury or death or you  refused or failed chemical testing.  (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 Supreme Court case, 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.  This includes when a  license is suspended because an uninsured driver failed to post a security deposit  after a crash  (known as an SR-22 suspension).

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. 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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New Law Subjects E-Motorists To DUI and Traffic Laws

Posted on August 27, 2026 by mdkeenan

As of January 1, 2027, a new law will classify e-bikes, e-motos and other battery-powered vehicles that travel over 28 mph as motor vehicles.  Gov. JB Pritzker signed the law on August 26, 2026.

What this means is that you will need to get a driver’s license, carry insurance and register your vehicle with the state.  You will be required to follow motor vehicle traffic laws including those involving DUI.  You will not be allowed on bike paths or lanes.

E-scooters, electric skateboards and electric unicycles may still use bike lanes, paths and sidewalks or roads but would be barred from operating over 28 mph. In addition, riders of any electric micromobility device must be at least 16 years old.

The new law was prompted by a spike in e-vehicle related deaths and injuries.  Some of these vehicles are capable of going over 50 mph.

If you are charged with an offense under the new law, contact an experienced traffic law attorney immediately.  Police still need probable cause to stop you.  Under most criminal offenses, the state must still prove you guilty of all the elements of the offense beyond a reasonable doubt.  An attorney can review your case for your best possible defense.

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:

(1) Illinois Secretary of State “Understanding Micromobility in Illinois” https://www.ilsos.gov/departments/drivers/traffic-safety/micromobility-in-illinois.html

(2) E-bikes faster than 28 mph will need insurance, registration under bill passed by Illinois lawmakers at https://chicago.suntimes.com/transportation/2026/06/04/e-bike-moto-regulation-illinois-pritzker-giannoulias

(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 YOU FIGHT A DUI BLOOD TEST?

Posted on August 9, 2026 by mdkeenan

You thought you were driving just fine, even after a few beers, but then you got into a car crash. You were injured and taken to the hospital. Police asked if they could test your blood for alcohol, and you agreed. The test came back over the legal limit, and now you are charged with DUI.

Can you still defend your case?

The answer in certain circumstances is yes. Depending on how your blood was drawn and what happened to the sample, you may be able to get the results kept out of evidence.

When you consent to a blood test (as opposed to when blood is taken for emergency purposes), the police must ask hospital personnel to draw the sample. Only doctors, registered nurses, certified paramedics or phlebotomists can take the sample. An officer must be present at that time. The sample is then labeled and sealed in a kit. The officer and hospital personnel must initial the seal. These procedures, known as the chain of custody, help guarantee that the sample was not tampered with in some way. Even if the chain of custody is intact, the blood sample must be protected from deterioration.

A defense attorney can fight your test results if the chain of custody has been broken or the attorney can show that the sample is no longer reliable. What if the person taking your blood sample was a physician’s assistant and not the required personnel? What if the seal is unsigned or broken before it got to the lab? What happened when the sample left the hospital? Was it left sitting out in the heat?

Even if the attorney cannot get the blood results thrown out and the evidence against you is overwhelming, an experienced attorney respected at the courthouse may be able to obtain a better plea agreement than you could 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.
See our related post: Can Police Take Your Blood for DUI Testing Without Your Consent?

(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 WITHOUT A WARRANT?

Posted on July 13, 2026 by mdkeenan

The answer is yes.  An officer may perform an inventory search after you have been arrested and the police have taken your car.  The purpose of the search is to catalog the items in your car. An officer may also search your car if he or she has probable cause.

For an inventory search to be legal:

  • The original impoundment of the vehicle must be lawful;
  • The purpose of the inventory search must be to protect the owner’s property, to protect the police from claims of lost, stolen or vandalized property and to guard the police from danger; and
  • The inventory search must be conducted in good faith according to reasonable standardized police procedures and not as a pretext for an investigatory search.

An officer may also search with probable cause where the officer  reasonably believes based on all the facts and circumstances known to him or her at the time that your car contains evidence of criminal activity.  Such probable cause, however, does not justify searching a passenger’s body.  But police may inspect any belongings in the car that are capable of concealing the search’s object.

One exception may be purses.  While the Supreme Court characterized the search of a purse as a “package search,” some courts have said that searching a purse is like searching a person.  In either case, a recent Illinois court decision has distinguished a backpack from a purse. An inventory search of a backpack is legal in Illinois.

If you have been charged with a criminal, DUI or traffic offense, contact an experienced  attorney immediately.  An attorney can review your case for your best possible defense.  Was the inventory search legal?  Did police lawfully seize your car?  What was the real purpose of the search?  Was it an excuse for a fishing expedition?  If not an inventory search, did police have probable cause to stop you?  Did they look into containers that could not possibly conceal the object of the search?  For example, did they look for a pistol in a pillbox?

If the search was not lawful, an attorney can ask the judge to suppress the evidence from the search.  In certain cases, this could result in 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.

Reference:  People v. Wallace

(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 ENDANGERING A CHILD IN ILLINOIS?

Posted on June 26, 2026 by mdkeenan

You left your child in the car on a relatively hot day while you went to the store.  It took a long time to check out at the counter.  Nonetheless, you were surprised to find the police waiting at your car.

Now you are charged with endangering the life or health of a child.  What does that mean? What can you do?

You commit endangering the life or health of a child when you knowingly:

  • Cause or permit the life or health of a child under the age of 18 to be endangered; or
  • Cause or permit a child to be placed in circumstances that endanger the child’s life or health.

See 720 ILCS 5/12C-5.

In the above situation, a judge or jury may infer child endangerment if you left a child age 6 or younger unattended for more than 10 minutes.  “Unattended” means the child was not accompanied or within sight of someone age 14 or older.

The fact your child was uninjured is not a defense.

If you are charged with endangering a child, contact an experienced criminal law attorney immediately.  An experienced attorney can review your case for your best possible defense.  As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt. While a judge or jury may infer endangerment from an unattended child, an attorney may be able to contest this.  For example, maybe you were gone less than 10 minutes.  Or you left the child with your teenager, but your teenager wandered off.

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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ILLINOIS MAY REDUCE DUI ALCOHOL LIMIT TO .05

Posted on June 9, 2026 by mdkeenan

A bill to reduce the alcohol limit for DUI from .08 to .05 is currently under consideration in the Illinois House of Representatives.

So far, the bill is in its early stages. As of June 9, 2026, the bill had had a first reading and been assigned to the rules committee. The next step is for it to go to a substantive committee. See https://www.ilga.gov/Legislation/BillStatus?GAID=18&DocNum=4333&DocTypeID=HB&LegId=164856&SessionID=114 for most recent bill status.

According to Frank Harris, the director of State Government Affairs for Mothers Against Drunk Driving (MADD), a change in the law could save 44 lives per year. See Illinois considers lowering DUI limit, advocates say it could save 44 lives a year.

If you are charged with DUI or similar offense, contact an experienced DUI law attorney immediately. An attorney can review your case for its best possible defense. Did the police have probable cause to stop you? Can the police prove you were driving the car? Was your driving actually impaired? Can you fight the Secretary of State’s automatic suspension of your driver’s license? An attorney can determine a course of action based on the answers to these questions.

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 TAKE YOUR BLOOD FOR DUI TESTING WITHOUT YOUR CONSENT?

Posted on June 3, 2026 by mdkeenan

You were leaving an after-work party, when you missed a stop sign and slammed into another car. Both you and the other driver were taken to the hospital. At the hospital, an officer asked the nurse to draw your blood for DUI testing. Your blood then tested over the .08 limit.

Can the police draw your blood if you did not consent? What can you do?

Under Illinois DUI law, you have the right to refuse chemical testing except under certain circumstances. Exercising your right to refuse does come with penalties: the length of time your driver’s license is suspended can be doubled, and your refusal can be admitted in court to show “consciousness of guilt.”

When it comes to blood alcohol testing, the police can obtain a sample of your blood without your consent if you were involved in an accident that caused serious injury or death. Serious injury is defined as requiring immediate professional attention in “either a doctor’s office or a medical facility. A Type A injury includes severe bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.” (625 ILCS 11.501.2.) The blood sample, however, can only be taken by licensed physician, phlebotomist, physician’s assistant, registered nurse, licensed paramedic or someone else deemed qualified by the Illinois State Police. You can also have blood drawn by a medical professional of your choosing in addition to the sample taken for the police.

Can the police use physical force to draw the blood sample from you? The Illinois Appellate Court  said no. In that case, the defendant injured her head in a car accident and was taken by ambulance to the hospital. Although she refused blood testing, hospital personnel held her down and forcibly drew blood. The Appellate Court said that while a defendant did not have a right to refuse the blood test, the police still had no right to use physical force to extract it. (See State of Illinois v Jacqueline Farris).

If police have taken your blood sample and charged you with 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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HOW VETERANS TREATMENT COURT CAN HELP YOU

Posted on April 18, 2026 by mdkeenan

As a veteran or service member of the United States Armed Forces, you may qualify for a special program to help deal with your criminal or DUI charges.

The Cook County Veterans Treatment Court program aims to prevent veterans from returning to the criminal justice system and to improve their quality of life. The program recognizes that those who have served their country may suffer from post-traumatic stress or other traumas or depression. (The Lake County Circuit Court operates a similar program.)

In order to participate, you must obtain court approval. The State’s Attorney’s office reviews your case for eligibility. Your criminal defense attorney can help you navigate through this process.

As a veteran, you are eligible for the program provided you show willingness to participate, your crime is non-violent, you have no convictions for violent crime within the last ten years, and you haven’t been through the program in the last three years. You must have been diagnosed with a substance use disorder and/or a mental health disorder.

Once accepted, you must sign a contract with the court. You must participate in any treatment recommended by the Veterans Court Treatment Team. You must avoid alcohol and other illegal substances and submit to random drug testing. You cannot possess any weapon or commit another crime. You must report to your VA case manager and probation worker and appear at all court dates. You may also have to perform community service and participate in self-help programs. And you must plead guilty to the original charge. If you fail to comply with these requirements, the court may impose extra penalties.

While the program may seem tough, the program it is a real alternative to any criminal sentence you might otherwise receive. In some cases, completion of the program may result in dismissing the charges against you.

For more information, see Cook County Veterans Treatment Court. A participant handbook explaining the program and answering question can be found at here. Information on Lake County’s program can be found here.

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 I BE ARRESTED FOR DUI FOR SLEEPING IN MY CAR?

Posted on March 15, 2026 by mdkeenan

One night, you went out with colleagues after work. The drinking ran a bit late, and it had been an especially stressful day. As you drove home, you could barely keep your eyes open, so you pulled over on the side of the road and fell asleep in your car. You thought you were doing the responsible thing. Suddenly, an officer knocked on your window, startling you awake. The officer asked you to get out of the car, and before long you were charged with DUI.

Is the arrest legal? What can you do?

Before an officer stops you, he or she must have a reasonable suspicion of wrong doing. In People v. Shelton, officers responded to an anonymous 911 report that a driver was asleep in the intersection. The court found the stop was justified. An officer is not required to watch your car to personally observe suspicious driving. Furthermore, sleeping in an intersection causes a hazard and suggests the decreased vigilance and impaired judgment associated with drunk driving.

But if you took the trouble to legally park rather than blocking the road? The officer may still have valid grounds to approach you. Under the police community caretaking function, an officer can check to see if you need help. Once the officer smells the alcohol and notices the “bloodshot eyes” and “slurred speech,” you are on your way to the police station.

While you may have trouble fighting the stop itself, your case is not necessarily a lost cause. The state must still prove all the elements of the offense—that you were in actual physical control of a motor vehicle while impaired—beyond a reasonable doubt. In Illinois, sitting in a car with the keys anywhere within reach is enough to establish actual physical control. However, the state may still have difficulty proving you were impaired if, for example, the police video shows you did well on field sobriety tests, you had no trouble exiting the car and you spoke clearly to police.

If you have been charged with DUI or similar offense, contact an experienced attorney immediately. An attorney can review your case for its best possible defense. Can the state prove your keys were in the car or that you were impaired? Even if 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.

See our related blog: What is Driving Under Illinois DUI Law?

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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