FAILURE TO REPORT AN ACCIDENT IN ILLINOIS

• You left the bar feeling pretty toasty. Unfortunately, on the way home, you got into an accident. You now have a dilemma. If you report the accident, the police may charge you with DUI. But if you don’t report the accident, you could be charged with a Class 2 felony, punishable by 3 to 7 years in prison, which can be upgraded to a Class 1 felony if the accident is fatal.

Under 625 ILCS 5/11-401(b), if you do not remain at the scene of an accident, you must report that accident at a police station within one half hour of the accident unless you are hospitalized or incapacitated, in which case you must report the accident no later than one half hour after discharge. If you report the accident as required by law, you may not be prosecuted for failing to stay at the scene.

If you are arrested for leaving the scene or for failing to report the accident, you can be subjected to chemical testing for intoxication within 12 hours of the accident, and your driving privileges can be suspended.

If you are charged with DUI or other offense, contact an experienced attorney immediately. An attorney may review your case for your best possible defense. If the police acted improperly, the attorney may be able to petition the court to suppress the evidence from any search. Even if this is not possible 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.)