Author Archives: mdkeenan

About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.

CAN POLICE SEARCH MY HOSPITAL ROOM WITHOUT A WARRANT? PART II

In our April 20, 2021 post, we discussed People v. Pearson in which the court held that police could not search a defendant’s hospital room without a warrant because the defendant had a reasonable expectation of privacy in his hospital … Continue reading

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CAN AN OFFICER SEARCH YOUR CAR BECAUSE OF SOMETHING THAT IS IN PLAIN VIEW?

You were driving to a friend’s one night when police pulled you over for a broken headlight.  Noticing a bag of white powder on the floor, the officer suspected you had illegal narcotics.  She searched your car, taking the baggie.  … Continue reading

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WHAT IS AGGRAVATED FLEEING OR ATTEMPTING TO ELUDE A POLICE OFFICER?  

In Illinois, fleeing and eluding a peace officer means that the officer signaled you to stop and you willfully failed to obey, increased your speed, extinguished your lights or otherwise fled or attempted to elude the officer.  The officer must … Continue reading

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CAN AN OFFICER SEARCH MY CAR BASED ON THE SMELL OF MARIJUANA?

The legalization of recreational marijuana has caused some confusion regarding its effect on DUI laws.  A recent Illinois appellate court decision is providing some guidance. Essentially, the smell of burnt cannabis, without any corroborating factors, is not enough to establish … Continue reading

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WHAT IS THE CRIME OF “FICTITIOUS OR UNLAWFULLY ALTERED DRIVER’S LICENSE OR PEMIT” IN ILLINOIS?

There are a host of offenses that can be either a Class A Misdemeanor or a Class 4 felony if you knowingly possess or display a fictitious or unlawfully altered driver’s license or permit.  (See 625 ILCS 5/6-301.1).  Simply possessing … Continue reading

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CAN MY PAST ILLINOIS DUI HURT ME EVEN IF IT HAPPENED A LONG TIME AGO?

When you were very young, you got caught driving while intoxicated and pled guilty to DUI.  That was more than 20 years ago.  Now you have been arrested for a second DUI. Does the first one still count? The answer … Continue reading

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DUI WITHOUT A LICENSE

Driving without a license is a bad idea.  Driving without a license while intoxicated is even worse.  Your DUI can then be upgraded to an aggravated offense and a Class 4 felony if you did not possess a driver’s license … Continue reading

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CAN YOU REFUSE TO GIVE A BLOOD OR URINE SAMPLE WHEN THERE IS A VALID SEARCH WARRANT?

According to a recent Illinois Appellate Court decision, the answer is no. Further, you could end up with additional criminal charges. In People v. Hutt, an officer obtained a search warrant for the defendant’s blood and urine after arresting him … Continue reading

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DOES SPEEDING PROVE I WAS DRIVING UNDER THE INFLUENCE?

The answer is not necessarily. If you were pulled over for DUI based on speeding, then the police likely have the probable cause they need to stop you, and you would not be able to fight the stop itself.  But … Continue reading

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CAN I CLEAR MY OLD ILLINOIS ARREST WARRANT WHEN I LIVE OUT OF STATE?

Many years ago you were young and reckless.  You got arrested in Illinois.  You wanted to pretend your case didn’t exist, so you skipped out on your court date and eventually moved out of state.  Older and wiser, you worry … Continue reading

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