CAN POLICE ARREST THE DESIGNATED DRIVER FOR DUI?

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?

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?

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?

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?

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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WHEN YOUR DUI IS CAUSED BY A PRESCRIPTION DRUG

You would never drink and drive. You are always very careful about that. But the doctor just gave you a new prescription, and nobody warned you that you could become sleepy behind the wheel of a car. Next thing you knew, a police officer noticed you driving erratically, and now you are charged with DUI.

What can happen to you? What can you do?

It may come as a surprise, but the fact that you were on prescribed medication is not a DUI defense. Illinois law prohibits driving under the influence of any drug that renders a person incapable of safely driving even if you are legally entitled to use that drug. (625 ILCS 5/11-501(4)).   If convicted, you may be guilty of a Class A Misdemeanor, punishable by up to a $2,500 fine and one year in jail. In addition, the Secretary of State may suspend your driver’s license.  (See related post Can I Have Medical Marijuana in my Car?)

While not a defense, driving under the influence of medication can be a tricky charge for the state to prove. The state must show beyond a reasonable doubt that you were 1) driving and 2) impaired by a prescription drug.

Proving you were impaired may be harder for the State than in an alcohol-related DUI. Unlike taking a breathalyzer, there are no hard and fast tests to determine when you’ve had too much. Seemingly erratic behavior may be caused by something other than the medication, such as the reason you needed the medication in the first place. Many officers are less familiar with prescription cases and lack the expertise to determine whether the medication actually caused your bad driving.

If you have questions about your DUI or other criminal or traffic matters, 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 SPEEDING A MISDEMEANOR IN ILLINOIS?

The answer is yes, depending on how fast you were going.

Speeding between 26 and 35 miles over the limit is a Class B Misdemeanor, punishable by up to six months in jail.   Speeding 35 miles over the limit and above is a Class A Misdemeanor, punishable by up to one year.  These same penalties apply when speeding past school or construction zones.

Speeding can be a tricky offense to fight because it’s generally you against the officer’s radar gun. Note that the prosecution need not present that sort of evidence by law.  In some cases, the officer’s testimony by itself may be sufficient to find you guilty. That said, an experienced attorney may be able to negotiate an agreement to plead guilty to a lesser, non criminal, 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.

See:  625 ILCS 5/11-601.5, Speeding

625 ILCS 5/11-605.1, Special Limit While Travelling Through A Highway Construction Zone

625 ILCS 5/11-605, Special Speed Limit While Passing Schools

(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 DOG SNIFF YOUR CAR FOR DRUGS IN A PUBLIC PLACE?

You parked your car at the mall and went shopping.  When you returned a couple hours later, an officer was waiting with a trained drug detection dog.  The dog had alerted to something in your car.  After a search, the officer found narcotics under the passenger seat and arrested you.

Can they do that?  What can you do?

The Fourth Amendment protects us from searches and seizures without probable cause.  However, under Illinois law, a certified drug detection dog sniffing a car in a public place is not a search or a seizure. (See People v. Kendricks). Further, that dog’s alert may provide an officer with the probable cause needed to search your car.

In that case, should you simply give up and plead guilty?  Not necessarily.  An experienced attorney can review your case to determine if you have a good defense. Can the state prove all the elements of your offense beyond a reasonable doubt?  For example, were you parked in a public place?  What if the car was parked in your driveway? Was the dog properly certified?  Can the state prove the drugs belonged to you?  Perhaps someone else had access to your car. Even if the police have probable cause and 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 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 HAVE MEDICAL MARIJUANA IN MY CAR?

The officer pulled you over after you ran a stop sign.  You have a prescription for marijuana, and your prescribed meds were sitting next to you on the passenger seat.  The officer spotted them and arrested you for Possession of Medical Cannabis in a Motor Vehicle.

What can happen to you? What can you do?

Under Illinois law, you may not have marijuana in the passenger area of your car unless it is inaccessible in a secured, sealed, odor-proof and child-resistant medical cannabis container.  The law applies even though you have a medical cannabis card, are a medical cannabis designated care giver or an agent of a medical cannabis dispensary.

Possessing medical cannabis in a motor vehicle is a Class A Misdemeanor, punishable by up to one year in jail and revocation of your medical cannabis card or your status as a caregiver/agent/dispensary for up to two years.

If you are charged with possessing medical cannabis in a car or similar offense, contact an experienced attorney immediately.  An attorney can review your case for your best possible defense.  Did the police have probable cause to stop you?  If not, an attorney can petition to suppress the results of your stop.  In some cases, the court may even dismiss your case.  Can the state prove all the elements of your offense beyond a reasonable doubt?  Maybe your container was secured when the officer thought it wasn’t.  Even if your stop was legal 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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WHEN DOES A TRAFFIC STOP BECOME AN ARREST?

If you are stopped for a traffic offense or DUI, an arrest occurs the moment you are no longer free to leave.  This moment matters because an officer must have probable cause to arrest you.  If not, an attorney may petition the court to suppress the evidence from your arrest.

However, an officer may also make a brief, investigatory stop based on a reasonable, articulable suspicion of criminal activity, which is known as a Terry stop.  A Terry stop requires less than probable cause but more than a hunch. Your attorney can still petition to suppress the evidence but a Terry stop is easier for the state to justify.

Whether your stop was a seizure requiring probable cause or something less is a highly fact-based question which different judges may see very differently.  Therefore, it is important to have an attorney who is familiar with your particular judge.

For example, being handcuffed may seem like an obvious arrest, but some courts have disagreed. Courts consider various factors, such as whether the officer drew their weapon, their tone of voice, use of handcuffs, physical touching and the threatening presence of several officers. Depending on the context, physical force or a show of authority may not be enough to turn a Terry stop into an arrest.

For example in People v. Pellegrino,  the trial court denied the defendant’s motion to suppress.  The defendant said an arrest occurred when the officer took his keys. The appellate court disagreed, instead finding the seizure was a Terry stop. The officer did not draw her weapon, use a threatening voice, handcuff defendant or touch him. When taking the keys, she was the only officer at the scene. The court then looked at whether the officer could justify the Terry stop. However, because the court did not have enough information, it sent the matter back to the trial court.

If you are charged with DUI or a similar offense, contact an experienced attorney immediately.  An attorney who is familiar with your courthouse may be able to present the facts of your case to your particular judge in their 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.

See our related post at Did police have probable cause before your arrest?

(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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