THIRD TIME DUI IN ILLINOIS

Posted on September 9, 2018 by mdkeenan

You’ve seen this movie at least twice. The police pulled you over for a traffic offense, smelled alcohol on your breath and the next thing you knew, you were under arrest. Because it’s your third time, the state has upgraded your charges to Aggravated DUI.

What can happen to you? What can you do?

In Illinois, a third or higher DUI can be charged as Aggravated DUI. Aggravated DUI based on a prior record is a Class 4 felony, punishable by 1 to 4 years in prison, provided there are no other aggravating factors such as an overly high breathalyzer result or an accident.

To convict you of aggravated DUI, the state must prove beyond a reasonable doubt that 1) you had actual physical control of a vehicle, 2) you were under the influence of drugs and/or alcohol, and 3) you had at least two prior DUI violations. Proving those prior violations may be as simple as introducing your driving record into evidence. However, on at least one occasion, the state omitted this proof. As a result, the defendant’s conviction was later dismissed.

If you have been charged with Aggravated DUI or a similar offense, contact an experienced DUI attorney immediately. An experienced attorney can review your case for its best possible defense. For starters, did the police have probable cause to stop you? If not, an attorney may be able to petition the court in hopes of quashing the arrest.

Even if the arrest was legal, can the state prove all the elements of the offense? Did you violate any traffic laws or were you in an accident? Did anyone see you driving the car? (Note that Illinois law defines sleeping alone and intoxicated in the car with the keys as “driving.”) Did you take the breathalyzer or field sobriety tests? How well did you perform? Can the state prove your prior violations?

Even if the police acted properly 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 can 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.

Source: Illinois Dui Statute and People v. Jophlin.

(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 EXPUNGE OR SEAL A DUI ON YOUR CRIMINAL RECORD IN ILLINOIS?

Posted on August 23, 2018 by mdkeenan

Long after the ordeal of court, the embarrassment of a DUI lingers. You even fear it might affect your job search. Can you get it off your criminal record?

The answer depends on the outcome of your case. Under Illinois expungement and sealing law, DUIs and other traffic offenses cannot be cleared. However, if your case was dismissed or you were found not guilty, you may be able to petition for expungement.

(Expungement clears all records off your arrest, including those held by police. Sealing means that your record is cleared for most public purposes but is still available to law enforcement.)

A supervision for most other misdemeanor offenses can be cleared as it is technically not a conviction. Unfortunately, this does not hold true for DUI.

Even if your record is expunged, you may still have to fight with online websites that post arrest records and mugshots to have them take down their information. Some will comply once you present them with the signed order of expungement.

Fortunately, many employers will not hold a DUI against you the way they would many other criminal offenses. A DUI is not a crime of honesty and often, there is a little more understanding for the one time you may have exercised poor judgment in getting behind the wheel of a car.

If you have been charged with DUI, 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? Can the state prove that you drove the car when impaired? Even if the evidence against you is overwhelming, an attorney who is respected in the court house 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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U.S. SUPREME COURT FINDS POLICE SEARCH OF RENTAL CAR NOT LEGAL

Posted on August 6, 2018 by mdkeenan

You and a friend are driving across country. Your friend leased the rental car and is its sole authorized driver. In spite of that, your friend said you could take the car to run an errand. That’s when the police stopped you. The officers asked you some questions before searching the car. They found illegal narcotics in the trunk and now you are under arrest.

Is the search legal?

Under the Fourth Amendment, police cannot search an area in which you have a reasonable expectation of privacy without probable cause or some other exception to the warrant requirement. You have a reasonable expectation of privacy in your home and a somewhat lesser expectation in your car, but do you still have that expectation in a rental car? Especially one you didn’t lease? In a recent decision, the United States Supreme Court says that you do.

In Byrd v. United States, the defendant had been driving a rental car but was neither listed on the agreement nor an authorized driver. For this reason, police told defendant they did not need his consent to search the car. The U.S. Supreme Court disagreed: “As a general rule, someone in otherwise lawful possession and control of a rental car has a reasonable expectation of privacy in it even if the rental agreement does not list him or her as an authorized driver.”

A rental car may still be searched if police have probable cause or some other exception to the warrant requirement such as your consent or that evidence of a crime is in plain view. You do not have a reasonable expectation of privacy if you have stolen the car. Your possession or control must be lawful.

If you have are charged with a crime, contact an experienced attorney immediately. An attorney can evaluate whether the stop and search of your car was legal. If not, an attorney may be able to petition the court to suppress the evidence from the stop. 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 can 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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LAKE COUNTY INTRODUCES ALCOHOL-SENSING ANKLE MONITORS

Posted on July 5, 2018 by mdkeenan

In order to deter repeat offenders, Lake County has introduced alcohol-sensing ankle monitors for DUI defendants. The monitors work by testing the defendant’s perspiration for alcohol every 30 minutes.

Under the new program known as SCRAM, repeat DUI offenders may be required to wear the ankle monitors as a condition of bond or as part of their sentence for up to 180 days. The monitors may also be required in offenses where alcohol played an underlying role such as domestic violence or assault.

SCRAM devices have already been used in Cook County. Under certain circumstances, an experienced attorney may be able to negotiate a significantly better sentence if you agree to wear a monitor of this type.

If you have been charged with DUI or a similar offense, contact an experienced attorney immediately. An attorney can review your case for its best possible defense. Can the state prove all the elements of your offense beyond a reasonable doubt? Even if the evidence against you is overwhelming, an attorney who is respected in the court house 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 Alcohol Sensing Monitors the Latest Tool against Repeat DUI Incidents in Lake County.

(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?

Posted on June 19, 2018 by mdkeenan

You were driving your car when police stopped you for a broken taillight. The officer started out friendly enough but then began to suspect you of some type of wrongdoing. Now the officer has asked you to get out of your car.

Has your stop become an arrest? The timing of this question can affect whether your attorney has grounds to petition the court to throw out the evidence against you.

When your stop became an arrest or seizure depends on whether you as a reasonable person would feel free to leave. Courts look at a variety of factors to determine when a seizure has occurred including: (1) the threatening presence of multiple officers, (2) the display of a weapon by an officer, (3) some physical touching of the person, and (4) the use of language or tone of voice indicating that compliance might be compelled. The court can also look at other types of coercive police behavior.

In People v Lee, the court found that the officer’s yelling “Hey, no talking!” to defendants was enough to find an arrest had occurred. The court said a reasonable person would not feel free to leave if he was not even allowed to talk to his friend. As a result, the stop was no longer consensual.

If you have been charged with DUI or a similar offense, contact an experienced DUI attorney immediately. An attorney can review your case for its best possible defense. Perhaps the evidence against you seized before you were under arrest. 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.

(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 GET AN ILLINOIS DUI REDUCED TO A RECKLESS DRIVING?

Posted on June 4, 2018 by mdkeenan

You have just been arrested for your first DUI. You are mortified and afraid that you may be fired or might have a hard time finding a new job. Can you get your DUI reduced to a reckless driving? Is there any advantage in doing so?

Under limited circumstances with the help of an experienced attorney, you may be able to get the charges reduced in exchange for pleading guilty. To do so, you will need to convince the state’s attorney that you deserve the break. The state may look at your driving or criminal background, your family or employment history, and the severity of the current offense. Was there an accident? If you took the breathalyzer, how far were you over the legal limit? Did you argue with the officers?

Generally, there is less social stigma attached to a conviction for reckless driving than there is for DUI. This may help you find or keep a job. Additionally, fines and other penalties may be lower for reckless driving. However, you will likely still need to attend alcohol treatment classes.

If you have been charged with DUI or a similar offense, contact an experienced DUI law attorney immediately. An attorney can review your case for its best possible defense. Did police have probable cause to stop you? Did they follow correct testing procedures? Even if the evidence against you is overwhelming, an attorney who is respected in the court house 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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ILLINOIS DUI FIELD SOBRIETY TESTING: HOW WELL DID YOU FOLLOW INSTRUCTIONS?

Posted on May 24, 2018 by mdkeenan

If you are stopped for an Illinois DUI, the officer will likely ask you to perform field sobriety tests. Refusing these tests increases the length of your driver’s license suspension but may improve your chances of winning at trial. If you take the tests, however, a lot may depend on to how well you follow instructions.

In Illinois, the officer often starts with the horizontal gaze nystagmus (HGN) to test how your eyes follow a pencil. The HGN is not often used as evidence at trial. However, in People v. Tatera, 2018 Il App(2d) 160207, the state was allowed to use the HGN test to show how the defendant disobeyed the officer’s instructions by failing to keep his hands out of his pockets and at his side.

The HGN is usually followed by the walk-and-turn. In that test, you must count and walk nine steps in a straight line, heel to toe, turn using small steps, then count and walk nine paces back. Apart from keeping to a straight line, a court looks at how well you followed instructions. Did you only take nine steps? Did you use small steps when turning?

The next, and usually final test, is the one-leg stand. While counting to 30, you hold your leg six inches off the ground with your arms at your side. Did your arms stay at your side? Did you skip numbers when counting?

If you are really impaired, it’s probably better not to take the tests. However, if you already took the tests, all is not necessarily lost. An excellent performance might help win a not guilty verdict. But even if your performance was a disaster, an experienced DUI attorney can help. Did the police follow proper procedure? If not, the attorney may be able to petition the court to throw out any evidence that was wrongfully obtained. As a last resort, an attorney who is respected in the court house 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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DID I CONSENT TO DUI TESTING?

Posted on May 11, 2018 by mdkeenan

Under the Illinois implied consent law, you are deemed to have consented to drug or alcohol testing if you are arrested for violating the Illinois Vehicle Code as evidenced by a Uniform Traffic Ticket. (You may still refuse testing, although there may be extra penalties.) A recent Illinois court has held, however, that you must be arrested before an officer can ask you to take the tests.

In People v Hayes, the defendant accidentally killed a small child when the child rode his bike in front of defendant’s car. An officer then took defendant to the hospital for drug testing. However, defendant was not arrested for DUI until two days later. The court held that the implied consent law did not apply because defendant was not under arrest at the time of the tests, and thus the results of the tests should be suppressed.

Even without an arrest, a blood or breath test may still be valid if you voluntarily consented to the tests. In the above case, however, the court did not find the defendant’s consent to be voluntary. A uniformed police officer had taken the defendant to the hospital for testing. The officer remained with him at all times, even in the restroom where defendant provided a urine sample. Defendant’s vehicle was towed from the scene. The court held that under these circumstances, a reasonable person would not feel free to leave the hospital or refuse the tests.

If you have been charged with DUI or a similar offense, contact an experienced DUI attorney immediately. An attorney can review your case for your best possible defense. If police did not follow proper procedures, an attorney may be able to petition the court to suppress the evidence from your arrest. Even if the police acted legally and the evidence against you is overwhelming, an attorney who is respected in the court house 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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MY MOUTH WAS BLEEDING. COULD THAT CHANGE MY BREATHALYZER RESULT?

Posted on April 27, 2018 by mdkeenan

The police stopped you for suspected DUI. While you agreed to take the breathalyzer, you were so nervous that you accidentally bit your tongue. You could even taste the blood in your mouth. The breathalyzer registered over the legal limit, but you knew you didn’t have that much to drink. Is the breath test reliable?

The answer is maybe not.

Before giving you a breathalyzer test, the officer must wait 20 minutes and must check the inside of your mouth for foreign substances before and after that period. Certain substances, such as blood, can lead to an artificially high result.

In People v Ernsting, the court held that the defendant’s breath test was unreliable because of blood in her mouth. The officer had neglected to check her mouth as required. As a result, the court suppressed the breathalyzer and granted the defendant’s petition to rescind the initial suspension of her driver’s license.

If you have been charged with DUI, contact an experienced attorney immediately. An attorney can review your case for its best possible defense. Did police follow correct testing procedures? If not, an attorney may be able to challenge the results of your breath or field sobriety tests. Even if the police acted properly and the evidence against you is overwhelming, an attorney who is respected in the court house 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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THE ACCIDENT WASN’T MY FAULT. CAN I STILL BE CONVICTED OF AGGRAVATED DUI?

Posted on March 16, 2018 by mdkeenan

You were driving home late one night after partying at a friends, when a car suddenly pulled out of an alley. You could not avoid collision and the other driver was severely injured. The state has now charged you with Aggravated DUI.

Can they convict you?

The answer depends on the facts of your case. The state, however, must prove beyond a reasonable doubt that your driving was the proximate cause of the accident. (Proximate cause is a cause closely connected with a result and is established if a reasonable person could have forseen the harm as a likely result from his or her conduct). If the accident would have happened regardless of any impairment, you have a good chance of being found “not guilty.”

In People v Mumaugh, the defendant struck a young girl who was walking down the centerline of a highway on a dark night. The girl wore black clothes and had her back to defendant. The defendant was charged with Aggravated DUI as he had cannabis in his system at the time of the accident. The court reversed defendant’s conviction because the state had not proven that he was the proximate cause of the accident. There was no evidence to show defendant’s driving had been improper, or that he could have expected to see a pedestrian in the middle of a highway on a dark night.

If you have been charged with Aggravated DUI or a similar offense, contact an experienced DUI attorney immediately. An attorney can review your case for its best possible defense. Did the police follow proper procedures in taking evidence against you? Does the state have the evidence it needs to prove all the elements of your offense? Even if police acted properly 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 can 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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