CAN AN OFFICER’S PREJUDICE BE A DEFENSE TO DUI?

Posted on December 10, 2023 by mdkeenan

You had an argument with your wife, and the police came to your house.  After you both cooled off, the officer gave you a stern talk but decided not to make an arrest.  The very next night, the same officer pulled you over for DUI on what seemed like a trumped-up excuse.

You believe the officer has it in for you.  Is that a defense to your DUI?

In truth, each DUI case is unique. An officer’s dislike, prejudice or grudge against you could make a difference to a judge.  However, few officers are likely to admit under oath their belief that you or people like you are bad news.

Bear in mind that many villages have a small police force.  As such, it is hardly unusual for the same officer to arrest the same defendant more than once. Therefore, a judge may not be willing to dismiss your case based on repeated arrests by the same officer.

If you have real evidence of bias or prejudice, you could testify about it at trial, or better still, have another witness testify on your behalf.  Did a passenger in your car hear the officer make racist remarks or state that he wanted to “make you pay?”

Even if you can prove an officer had a grudge against you, the outcome of your DUI will likely stand on whether the state can prove beyond a reasonable doubt that your driving was impaired.

If you are arrested for DUI or a similar offense, contact an experienced attorney immediately. An attorney can review your case for your best possible defense.  Did the officer have probable cause to arrest you or was their cause based on prejudice against you?  Can the state prove all the elements of your crime beyond a reasonable doubt?  Even if the officer acted legally and 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.

(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 USE THE RESULTS OF A HOSPITAL BLOOD TEST AGAINST YOU?

Posted on November 24, 2023 by mdkeenan

You thought you were safe to drive, but unfortunately, you caused an accident.  An ambulance took you and the other party to the hospital.  At the hospital, the nurse drew your blood to run some tests.  One test was for blood alcohol, which came out clearly over the limit.  Can the state use the results to convict you?

The rules about using a hospital blood test as evidence are often tricky and fact specific.  Generally, compulsory testing of blood and other bodily fluids is a search under the Fourth Amendment.  The Fourth Amendment applies to private individuals such as medical personnel when they act as agents of the state.  Did the nurse draw your blood because officers asked for it, or because the test was needed to treat you?

For example, in People v. Schantz, the defendant turned in front of an oncoming motorcycle, killing the cyclist.  The defendant went to the hospital but did not seek medical care.  There, the nurse drew her blood solely at the officers’ request.  The court found that the nurse was acting as an instrument of the state.

The court then looked at whether the blood draw was otherwise reasonable under the Fourth Amendment.  Did it fall under an exception such as exigent circumstances, or did officers have time to get a warrant?  While the natural dissipation of alcohol could support a blood draw in a specific case, it could not be used as a general excuse to evade getting a warrant. The court found no exigent circumstances. Although there was some delay involved in securing the crime scene and attending the victim, at least one officer could have applied for a warrant while the others investigated. Officers did obtain a warrant for a second blood draw, which the court then upheld.

If you have been charged with a DUI or criminal-related offense, contact an experienced attorney immediately.  An attorney can probe for weaknesses in the state’s evidence.  Was the evidence against you legally obtained?  Different judges may view the facts of your case very differently.  It is important to find an attorney familiar with your courthouse who may be able to present your case in its most favorable light to your particular judge.

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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AM I AUTOMATICALLY GUILTY OF AGGRAVATED DUI IF WHEN THE ACCIDENT KILLED SOMEONE?

Posted on November 12, 2023 by mdkeenan

The answer depends on the evidence against you and how the state has charged your offense.

The state can charge you with aggravated DUI if you were involved in a motor vehicle crash (including with a snowmobile or boat) that killed another person when your DUI was the proximate cause of the death.  To convict you, the state must show that your driving was impaired, and that impairment resulted in the death.

Illinois DUI law, however, has several types of DUI offenses.  The most common may be simple driving under the influence of alcohol, but the state may also charge you for driving with a breathalyzer over the legal limit.  If so, the state need only prove that you had a breathalyzer  or blood result over .08 and that your driving (not your impairment) was the proximate cause of the accident.(Illinois law defines proximate cause as “one that produces an injury through a natural and continuous sequence of events unbroken by any effective intervening cause.”)

If you have been charged with aggravated DUI, contact an experienced attorney immediately.  An attorney can review your case for its best possible defense.  As with most crimes, the state must prove all the elements beyond a reasonable doubt.  Can the state prove that you drove the car?  Did you cause the accident? Did your driving show impairment?  Did you perform well on any field sobriety tests?  Was any breathalyzer taken on a properly certified machine?

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. See also:   Skolnik v. Allied Property & Casualty. And Illinois Pattern Criminal Jury Instruction 4.24

(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 RECKLESS HOMICIDE BASED ON  DUI?

Posted on October 25, 2023 by mdkeenan

The answer is not necessarily. That said, the DUI doesn’t help.

You commit reckless homicide when you unintentionally cause a death without lawful justification by recklessly driving a vehicle (including a snowmobile or boat)  in a manner likely to cause death or great bodily harm. A judge or jury could infer recklessness from your DUI, but they are not required to draw that conclusion.  Further, “driving under the influence” requires some proof that you were impaired, not just that you’d been drinking.  If there is no other evidence of impairment, besides perhaps a breathalyzer, you could still win an acquittal.

If you have been charged with reckless homicide or a DUI-related offense, 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 the elements of the offense beyond a reasonable doubt.  Can the state prove that you drove the car or that you acted recklessly?  Were you acting in self defense? Even if the state’s 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  matt@mattkeenanlaw.com.

Reference:  Illinois Pattern Criminal Jury Instructions: IPI 7.09, IPI 7.09Y, IPI 23.13. See

(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 STOPPED BECAUSE OF SOMETHING HANGING FROM MY MIRROR IN ILLINOIS?

Posted on October 13, 2023 by mdkeenan

The answer is yes, but only until January 1, 2024.  As of that date, Illinois has changed its law.

After January 1, you cannot be stopped solely because of that air freshener hanging from your rearview mirror.  However, Illinois law still forbids driving with objects suspended between you and the  rear window, side wings or the side windows immediately adjacent to each side of you which materially obstruct your view.  An officer can still stop you on that basis.   See 625 ILCS 5/12-503.

The change in the law is intended to prevent such a violation being used as a pretext for a police stop and to reduce police interactions based on nonviolent violations. (See Ban on Illinois law enforcement stopping drivers over objects hanging from rearview mirror heads to governor’s desk, Central Illinois Proud, May 4, 2023).

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email mailto: 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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SHOULD I TELL MY BOSS I WAS ARRESTED FOR DUI?

Posted on September 2, 2023 by mdkeenan

Your job involves a bit of driving, and you just got yourself arrested for DUI.  You hope to win your case, but you wonder if your boss needs to know what happened.

There is no one-size-fits-all answer, but the decision to tell may hinge on the following factors:  Do you need to drive to do your job?  Would you have a different way to get to work if your license was suspended?  Does your job require you to report any arrests?  Will it be difficult to appear in court, especially if there are more than three or four court dates?

If you are an office worker who takes the train or telecommutes with flexible hours and your employee manual says nothing about reporting arrests, then you may be able to keep the DUI to yourself.  However, if your job requires driving, you may need to alert your boss.  Bear in mind that the Secretary of State may automatically suspend your driver’s license for at least six months and that driving on a suspended license is a separate offense.

Also note that DUI arrests can go online very quickly because there are sites that post police mugshots.  If the boss is likely to find out, the lesser of two evils may be owning up to your arrest.

If you have been charged with a DUI or related offense, contact an experienced 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.  Even if the state’s evidence is airtight, 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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CAN YOU BE CHARGED WITH OBSTRUCTION OF JUSTICE FOR REFUSING TO GIVE A BLOOD SAMPLE?

Posted on August 21, 2023 by mdkeenan

A recent Illinois Supreme Court decision says no.

In People v Hutt, the defendant refused to let medical personnel draw his blood and refused to provide a urine sample despite a warrant authorizing these samples. Defendant was later convicted of  DUI and obstruction of justice.

A person obstructs justice when, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he or she knowingly “destroys, alters, conceals or disguises physical evidence, plants false evidence, furnishes false information.”  See 720 ILCS 5/31-4(a)(1).

The state argued that defendant concealed evidence by refusing to submit the samples.  The court disagreed.  Looking to the dictionary, the court defined “conceal” as preventing “disclosure or recognition of: avoid revelation of : refrain from revealing : withhold knowledge of: draw attention from: treat so as to be unnoticed.”  While defendant took no action to comply with the search warrant, he also took no action to place his blood or urine out of sight or hide either from view. Therefore, the court reversed defendant’s conviction for obstructing justice.

If you have been charged with a DUI or criminal-related offense, contact an experienced attorney immediately.  An attorney can review your case for its best possible defense.  As with most crimes, the state must prove all the elements beyond a reasonable doubt.  Even if the state’s evidence is airtight, 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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CAN A PORTABLE BREATHALYZER RESULT BE USED AGAINST ME IN ILLINOIS?

Posted on August 4, 2023 by mdkeenan

Under limited circumstances, the answer is yes.

Breathalyzer results on a properly certified machine are nearly always admissible at trial.  However, results from a portable breathalyzer are not considered reliable and are generally not permitted. The breathalyzer taken on the street when you were arrested is almost never admitted as evidence.

But there is one exception. The state has a new weapon that they can use in certain circumstances. The trial judge may allow the state to use the results of a portable breathalyzer that has an attached printer.  Bear in mind that portable breathalyzers still come with a wide range of problems that simply adding a printer will not solve.

If the state does try to use a portable breathalyzer against you, you may be able to hire an expert witness to shed doubt on the reliability of that evidence.  Portable breathalyzers can notoriously pick up mouth alcohol (such as a liquor that might stick to your teeth), and they also can be radically thrown off if you blow too hard into them.

While an expert is expensive, the potential personal and professional perils of picking up a DUI conviction may well outweigh the cost.  An expert does not automatically mean that a judge or jury will disregard a portable breathalyzer, but an expert may still make a dramatic difference in the outcome of your trial.

If you have been charged with a DUI or similar offense, contact an experienced attorney immediately.  An attorney can review your case for its best possible defense.  As with most crimes, the state must prove all the elements beyond a reasonable doubt.  An experienced DUI attorney may be able to show that the state’s evidence is shakier than they would like a judge or jury to believe.

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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THE LAW ON POLICE BODY CAM VIDEOS IN ILLINOIS

Posted on July 25, 2023 by mdkeenan

Illinois law requires police to use body cams at all times when the officer is in uniform, responding to calls or engaged in any law enforcement-related activity while on duty. If exigent circumstances prevent the officer from turning on the camera, he or she must do so as soon as practicable. The officer may turn the camera off under certain circumstances such as when a victim requests it.

But what happens if the officer forgets?  Under Illinois law, a judge or jury may consider an intentional violation of the body cam law when weighing the evidence against you where the recording is not captured or is destroyed, altered or intermittently captured. However, the violation is not considered when the state provides reasonable justification for what happened.

Note that some villages have been slow to implement body cam technology. Thus, the lack of a video may not be an automatic violation of the body cam law.

If you have been charged with a criminal offense, contact an experienced attorney immediately.  An attorney can review your case for its best possible defense.  Did the police have probable cause to stop you?  Is there a recording from the arrest?  Can the state prove all the elements of the offense?  Even if the 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.

See Illinois Body Cam Law.

(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 MY DUI OR CRIMINAL COURT HEARING ON ZOOM?

Posted on July 2, 2023 by mdkeenan

Zoom Court was first initiated in response to the COVID-19 pandemic.  Court business could thus continue, while keeping everybody safe.  But even post-pandemic, Zoom Court is here to stay.  As of January 1, 2023, the Illinois Supreme Court made remote hearings permanent. Revised Illinois Supreme Court Rule 45 governs the use of Zoom going forward.

For criminal or traffic matters that do not involve the possibility of jail or prison time, you may be able to attend all court hearings on zoom, except for:

  • evidentiary hearings, other than ex parte evidentiary hearings (such as emergency order of protection hearings),
  • settlement conferences,
  • bench trials,
  • jury trials and
  • any type of case or proceeding exempted from remote participation.

In criminal cases (including DUI) involving the possibility of jail or prison time, you may appear by zoom without advance court approval for:

  • initial appearance,
  • initial or subsequent appearances in juvenile delinquency matters at which continued detention of a minor will be determined,
  • status hearings,
  • waiver of a preliminary hearing,
  • arraignments on an information or indictment at which a plea of not guilty will be entered,
  • presentation of a jury waiver,
  • non-evidentiary hearings and
  • hearings conducted under the Sexually Violent Persons Commitment Act (725 ILCS 207/1 et seq.) at which no witness testimony will be taken.

In criminal cases involving the possibility of jail/prison time, you must appear in person unless the judge approves otherwise for:

  • negotiated pleas,
  • evidentiary hearings,
  • sentencing hearings
  • probation revocation hearings,
  • arraignments or other proceedings or appearances at which a plea of guilty will be entered,
  • hearings conducted under the Sexually Dangerous Persons Act (725 ILCS 205/0.01 et seq.),
  • bench trials or stipulated bench trials and
  • any case type or proceeding type exempted from remote participation.

Jury trials must also be in person, except witnesses in certain situations may be allowed to testify on zoom.

The chief judge of your county may exempt particular types of cases from zoom court as he or she deems necessary.  A judge may also require you to appear in person for reasons special to your case.  The judge must then inform you on the record that you are required to do so.

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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