CAN I DRIVE AFTER A FIRST TIME DUI ARREST IN ILLINOIS?

Posted on April 19, 2025 by mdkeenan

The answer is probably yes.

After a DUI arrest, the Illinois Secretary of State issues the automatic suspension of your driver’s license on the 46th day after your arrest.  If this is your first DUI, the suspension can last six months if you took a breathalyzer or a year if you didn’t.  You have the opportunity to have this suspension overturned.  An attorney can file a petition to overturn the suspension.  Your chances of winning in court are better if you act promptly.  The state has to comply with a certain deadline.  If they are not ready on time, you could win your petition automatically.  Note that winning the petition does not mean the end of the DUI.

But let’s say you hired an attorney too late, or the judge denied your petition.  What then?  You may still be eligible for a Breath Activated Ignition Interlock Device (BAIID).  You must then blow into the device in order to drive the car. While somewhat embarrassing and expensive, the device enables you to drive freely unless you have been drinking.

Be aware that the device reports violations, so if you do violate the device, you can lose your driving privileges altogether.  Also be aware that you can get into bigger trouble if you drive someone else’s car in order to get around the BAIID.

Once the statutory suspension period is over, you must apply to the Secretary of State before you can resume driving without a BAIID.  This usually means you have to pay a fee.

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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HOW SPEEDING CAN LEAD TO BIGGER TROUBLE

Posted on April 1, 2025 by mdkeenan

Legally, a police officer cannot pull you over  without justification. This can come in the form of community caretaking, such as when the officer sees you sleeping in your car and checks to see if you are OK. Otherwise, the officer has to have probable cause. Your speeding can open the door to finding evidence of more serious offenses.

In Illinois, speeding more than 26 miles over the limit is  a Class B Misdemeanor, punishable by up to six months in jail. Speeding  35 or more miles over the limit is a Class A Misdemeanor, punishable by up to one year in jail. Too many tickets in too short a time, and you can lose your license.

But besides dealing with what is now a potential misdemeanor, speeding can give police  the opportunity to look for evidence of other crimes. Did you have a few drinks? A stop for speeding may now turn into a DUI. Was there a weapon or illegal substance on the floor of your car? If they were in plain view, you’re looking at a possible gun or narcotics offense. And once you’re arrested for that, anything else police find in the car could be used against you.

Of course, you can be stopped for other traffic ticket offenses or moving violations besides speeding. “Improper lane usage” is a rather vague term that gives an officer the wedge he or she needs to pull you over.

If you are charged with speeding, DUI or other offense,  consult an experienced attorney immediately. An attorney can evaluate your case for your best possible  defense. Did a police search go farther than the law allows? An attorney can petition the court to suppress any evidence that was illegally collected.  Can the state prove all the elements of the offense beyond a reasonable doubt?  Speeding doesn’t necessarily prove intoxicated driving.  Were there passengers in your car?  Perhaps the illegal weapon belonged to one of them?  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 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

Source:
Illinois Compiled Statute 625 ILCS 5/11-601.5

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CAN I GET TOUGHER PENALTIES FOR DUI BECAUSE MY LICENSE IS SUSPENDED?

Posted on March 15, 2025 by mdkeenan

The answer is yes, depending on why your license is suspended or revoked.

Once your license is revoked or suspended, it’s revoked or suspended until the Secretary of State says it’s not.  A suspension is usually for a set time, while revoking your license has no end date. Either way, you may still have to jump through hoops to get your license back.

If you lose your license because of a DUI, you cannot drive until you apply to get your license back from the Secretary of State even if the term of your suspension is over. You might only need to pay a fee. But if you are revoked, you may have to go to a hearing and present substantial evidence.

If you do drive while your license is revoked or suspended because of an alcohol offense, the penalties for later offenses can be greater.

In People v Viverette, the defendant argued that his license could not be revoked for leaving the scene of an accident because it had already been revoked for an earlier offense. Therefore, the revocation for leaving the scene could not be used to increase the penalties for his later DUI. (The defendant in fact had 15 prior DUIs.) The court disagreed. Instead, any qualifying revocation could be used to bump the defendant’s DUI up from a misdemeanor to a felony.

Illinois law allows the state to increase a DUI to an aggravated DUI if your license was suspended or revoked based on a DUI or reckless homicide. See 625 ILCS 5/11-501(d)(1)(G).

If your license has been revoked or suspended, an attorney can help determine whether you qualify for reinstatement and how best to proceed. The Secretary of State is a tough customer. An attorney can help present the case for reinstating your license in its best possible 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 I DRIVE WHEN MY LICENSE SUSPENSION EXPIRES?

Posted on March 2, 2025 by mdkeenan

The answer is no.  Or at least not until you have applied to the Secretary of State to restore your license and paid any fees.  A suspension does not end automatically.

If you are charged with DUI in Illinois, the Secretary of State will suspend your driver’s license on the 46th day after your arrest unless you successfully petition the court to rescind or undo the suspension. If you are caught driving on a suspended license, you could serve a mandatory 10 days in jail or 30 days community service for a first offense. And the penalties for later offenses only get stiffer.

But what happens if, after you are arrested for driving on that suspended license, the judge lifts the suspension? Can you still be convicted? The Illinois Supreme Court says yes. Lifting the suspension is not like hitting the reset button. You can still be convicted even though the judge later says it is okay to drive.

If you are charged with driving on a suspended license or other offense, contact an experienced DUI law attorney immediately. An attorney can review your case for your best possible defense.  Did the police have probable cause to stop you?  Can the state prove you were driving and that the suspension was still in effect? Did you drive because of an emergency? 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 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. Elliott

(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 STOP MY CAR BASED ON A TIP?

Posted on February 20, 2025 by mdkeenan

The answer is yes, but the information must be reliable and allow the officer to reasonably infer that you were involved in criminal activity.

In determining reliability, a court partly looks at whether the tipster was anonymous or not. Calls made to 911 are not anonymous, and thus more reliable, because the police can identify the caller, even if he or she did not give a name.

While less reliable, an anonymous tip may still provide police with the reasonable suspicion they need to stop you.  The court considers the following factors:

(1) Was there  enough information such as the vehicle’s make, model, license plate number, location and bearing  so that the officer may be certain that he or she stopped the right car?

(2) How long was the time between when police received the tip and when they located the car?

(3) Was the tip  based upon contemporaneous eyewitness observations?

(4) Was the tip sufficiently detailed to reasonably infer that the tipster actually witnessed an ongoing motor vehicle offense?

A DUI offense requires less corroboration because of the risk to the public and the driver.

In  People v. Johnson, a tipster called the police emergency line to report defendant driving while intoxicated with two small children inside. The tipster identified the car and location with sufficient detail so that the officer could be sure she had stopped the right car. The officer followed the car to observe the driver, although she need not have done so. Defendant drove in an odd manner, corroborating the tipster’s report. Therefore, the court said the stop was justified.

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.  Was the tipster’s information reliable?  Was the police stop lawfull?  Can the state prove all the elements of your offense beyond a reasonable doubt?  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.

(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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DOES THE ODOR OF CANNABIS JUSTIFY A POLICE SEARCH?

Posted on January 31, 2025 by mdkeenan

The Illinois Supreme Court says it doesn’t.

Before the court’s decision, there had been some confusion on the topic.  One appellate court said that the smell by itself justified a search, while another appellate court said it didn’t.  But the Illinois Supreme Court has ruled: “The laws on cannabis have changed in such a drastic way as to render the smell of burnt cannabis, standing alone, insufficient to provide probable cause for a police officer to search a vehicle without a warrant.” This change in law applies after January 1, 2020.  See People v. Redmond.

The odor of burnt cannabis can still be considered along with other factors in determining whether an officer had probable cause to search your car.  Were you driving erratically?  Were you smoking in the car?  Was there paraphernalia or other signs of use in the car? Was the cannabis lying open on the seat?

Were you on a highway? A highway is defined 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.” If you weren’t on a highway, the rest of the facts against you might not matter.  See 625 ILCS 5/1-126.

If you are charged with DUI or another offense, contact an experienced attorney immediately.  An attorney can review your case for your best possible defense.  Did the police have probable cause?  If not, an attorney may be able to petition the court to suppress the evidence from the stop or search.  In some cases, this could result in the court 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.

(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 DRIVING ON A SUSPENDED LICENSE IN ILLINOIS?

Posted on January 19, 2025 by mdkeenan

You pled guilty to DUI a couple months ago, and now your license is suspended.  Unfortunately, you needed to get someplace fast, and you thought you could get away with driving just this once.  But after you missed a stop sign, the police pulled you over and charged you with driving on a suspended license.

What can happen to you?  What can you do?

Driving on a suspended or revoked license due to an underlying alcohol offense may offer a choice between jail time or community service for the first two offenses.  After that, a jail sentence is mandatory.

The news gets worse if you could have received a permit allowing you to drive with a breath-activated ignition device, but failed to do so, or if you got the permit but didn’t use the car with that device.  Then, your first offense escalates to a Class 4 felony and a minimum jail term of 30 days. In addition, the Secretary of State can substantially increase the length of time that your driver’s license is suspended.

Getting caught driving on a suspended license can be difficult, but not entirely hopeless.   The state has the burden of proving beyond a reasonable doubt that you were driving, and that your license was suspended or revoked for an underlying alcohol-related offense.  While this is not a difficult, you may still have a defense.  Did the police have probable cause to stop you?  Did an emergency force you to drive?  Is there some mistake concerning the underlying reason for your suspension?

An experienced DUI/traffic law attorney can help evaluate your case for its best possible defense.  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 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 5/6-303.

(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 THE CRIME OF STREET RACING IN ILLINOIS?

Posted on December 28, 2024 by mdkeenan

The scene comes at the end of the movie American Graffiti.  Two cars racing side by side, one driven by Harrison Ford with Cindy Williams as passenger.  Harrison’s car loses control, flips over and sets on fire.  Luckily, no one is hurt.   (See the drag racing scene here: https://www.youtube.com/watch?v=UqawJzVsvxM.)

In Illinois, Harrison could be charged with a Class A Misdemeanor for the crime of street racing.  Had Cindy Williams been seriously injured or disfigured, Harrison could face charges of aggravated street racing,  a Class 4 felony.  Besides a possible jail or prison sentence, Harrison could be fined and his driver’s license revoked.

If Harrison’s car belonged to a third party who agreed to the street racing, the car’s owner could face a Class B misdemeanor.  A second or later conviction is a Class A misdemeanor.

Besides the street racing depicted in  American Graffiti,  Illinois law also defines street racing as using one or more vehicles to: (1) outdistance another, (2) prevent another vehicle from passing. (3) arrive at a destination ahead of another vehicle, or (4) test a driver’s physical stamina or endurance over long distances.

Street sideshows where you knowingly interfere with traffic are also illegal.  A “street sideshow” is an event in which one or more vehicles blocks traffic  to perform stunts or speed contests.

If you are charged with street racing or a similar offense, contact an experienced attorney immediately.  As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt.  Can the state prove you were operating the car? If you were the car’s owner, did you have actual knowledge that the driver would use the car for street racing?  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 5/11-506 

(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 December 13, 2024 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 or you have a statutory summary suspension from the Secretary of State.  (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 case law, 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.

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. Cruz-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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CAN POLICE ARREST THE DESIGNATED DRIVER FOR DUI?

Posted on December 1, 2024 by mdkeenan

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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