THE AUTOMATIC DUI SUSPENSION OF YOUR DRIVER’S LICENSE: WERE YOU ON PUBLIC OR PRIVATE PROPERTY?

Posted on October 19, 2016 by mdkeenan

(Last updated March 12, 2019)

If you are charged with DUI in Illinois, the Secretary of State can automatically suspend your driver’s license—but only if you were on a “public highway.”

The law defines a “public highway” 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.” (625 ILCS 5/1-126.)

A parking lot may be a public highway even if it is on private property. For example, a Metra train parking lot, maintained by a municipality, is a public highway. However, a grocery store parking lot is not a public highway if the lot is privately owned and is not maintained by the municipality. A restaurant lot is also not a public highway where it is fenced and privately maintained and signs indicate parking is for patrons only.

The defendant has the burden of proving they were not on a public highway. In People v Helt, the driver lost because she did not present evidence as to whether the Jewel grocery store parking lot was publicly owned or maintained. Again in People v. Relwani, the defendant failed to show proof that a Walgreen’s parking lot was either publicly owned or maintained. The court reasoned that “Something
as simple as evidence of a posted ‘private property’ sign may, in the proper
circumstances, suffice to satisfy the prima facie burden of proof in a rescission
action, shifting the burden to present evidence on the lot’s ‘public highway’ status
to the State.”

If you are charged with DUI, you should consult an experienced DUI attorney immediately. An attorney can file a petition seeking to overturn your automatic driver’s license suspension. If the petition is granted, then you will not lose your driving privileges. While the petition may be a long shot, the odds of success depend on how quickly you act after your DUI arrest.

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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CAN THEY TAKE MY BLOOD WITHOUT A WARRANT? THE U.S. SUPREME COURT SAYS “NO.”

Posted on September 30, 2016 by mdkeenan

In a recent decision, Birchfield v. North Dakota, the U.S. Supreme Court held that a state cannot require you to take a blood test in order to enforce its drunk driving laws. Subject to certain exceptions, the police must get a warrant.

Under the Illinois implied consent law, you are deemed to have consented to DUI tests once you are arrested for DUI. You may still refuse the tests, but your refusal comes at a price—the extended suspension of your driver’s license. In its recent decision, the U.S. Supreme Court reviewed a North Dakota law which subjected a driver to criminal penalties for refusing a blood test.

The court held that breath tests are not intrusive and do not violate privacy concerns. A blood test, however, is another matter. Blood tests pierce the skin and blood can be stored for other purposes besides DUI evidence. While the state may fear that evidence of alcohol will be lost as blood metabolizes, a breath test provides police with a less intrusive option than a blood test, and a breath test may be performed as part of a search incident to an arrest. Therefore, drivers cannot be criminally punished for refusing to submit to a blood test.

Police may still draw your blood with your consent. Even then, the state must follow certain rules for taking and storing the sample.

If your blood was taken without your consent for a DUI, consult an experienced attorney immediately. Depending on how and why the sample was taken, you may have grounds to suppress the test results. Even if the police strictly followed the law, a DUI attorney can probe for other weaknesses in the state’s case, or if all else fails, negotiate a more favorable plea agreement 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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FAILURE TO REPORT AN ACCIDENT IN ILLINOIS

Posted on September 12, 2016 by mdkeenan
  • 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.)

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DRIVING ON A REVOKED/SUSPENDED LICENSE CAN LEAD TO STIFFER DUI PENALTIES

Posted on August 29, 2016 by mdkeenan

A recent Illinois appellate case underscores the proposition that if your license is revoked or suspended, it’s revoked or suspended until the Secretary of State says it’s not.

If you lose your license because of DUI, you cannot drive until you apply to get your license back from the Secretary of State even if the term of your DUI sentence is over. In some cases, you may only need to pay a fee. In others, you may have to go to a hearing and present substantial evidence.

If you do drive while revoked or suspended based on an alcohol offense, the penalties for later offenses can be increased.

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 convictions for DUI.) The court disagreed. Instead, the court held that any qualifying revocation could serve to bump defendant’s DUI from a misdemeanor to a felony.

The Illinois law allows the state to increase the class of your offense depending on the number of prior DUIs if you are driving on a suspended or revoked license. (See 625 ILCS 5/6-303.) For example, a second offense becomes a Class 4 felony rather than a Class A misdemeanor. In the above case, the defendant was convicted of a Class 2 felony based on his 15 prior DUIs.

If your license has been revoked or suspended, you should consult an attorney on whether you qualify for reinstatement and how best to proceed. The Secretary of State is a tough customer, and an attorney can help you present your case in its best possible light.

If you are charged with DUI or similar offense, contact an experienced DUI attorney immediately. An attorney may review your case for your best possible defense. 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.


(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 LAW REQUIRES POLICE TO ASK BEFORE GIVING A PORTABLE BREATHALYZER TEST

Posted on August 16, 2016 by mdkeenan

Recent Illinois case law has clarified that an officer must ask you to take the portable breathlayzer test (PBT) and give you enough time to refuse before giving the test, or your case could be dismissed.

If you are stopped for DUI, police may ask you to perform certain field tests. An officer may also ask you to take a PBT. The PBT is not admissible into evidence but can be used to determine whether there was probable cause to arrest you for drunk driving.

Before giving the test, the officer must ask you to take it. Illinois requires that you have a reasonable opportunity to refuse the test although the officer need not inform you of your right to refuse. As long as the officer requests the PBT without commanding submission and you are given an opportunity to refuse, the PBT is considered voluntary and complies with state law.

In People v Taylor, the officer essentially placed the PBT device in front of defendant’s mouth without asking the defendant to take the test or giving the defendant enough time to refuse. As a result, the court threw out the arrest stating that the test could not be used to provide probable cause.

If you are charged with DUI or similar offense, contact an experienced attorney immediately. If the police acted improperly, the attorney may be able to petition the court to suppress the arrest. Bear in mind that each case is very fact specific, and judges may disagree on whether you had enough time to refuse a PBT.

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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EXTRADITION TO ILLINOIS: THE UNFINISHED CRIMINAL CASE

Posted on August 8, 2016 by mdkeenan

With ever-expanding access to information, police in one state can easily learn about any criminal charges you have open in another state. And that can lead to extradition.

Extradition means you could be arrested in your current state and brought back to face charges in the original state. Whether you will be extradited is up to the county prosecutor, and it is impossible to predict their decision in any given case.

Sometimes extradition is the result of unfinished business. Perhaps in your younger days you got into trouble with the law. You missed your court date, so the judge issued a warrant for your arrest. Or maybe you did go to court but failed to finish the terms of your sentence. For example, you may have been required to pay a fine or perform community service. In either case, the county where your original charges occurred may choose to extradite you once police learn your whereabouts, such as through a routine traffic stop.

If you are at risk of extradition to Illinois, contact an experienced Illinois criminal law attorney immediately. An attorney can review the facts of your case for your best possible defense. For example, an attorney may help you through the court system to clear the underlying problem in your original case. At times, this can mean negotiating a more favorable plea agreement than you might be able to get 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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CHANGES TO ILLINOIS LAW ON MARIJUANA AND DUI

Posted on August 1, 2016 by mdkeenan

Changes to Illinois law tackle the problem of determining how much marijuana is too much for purposes of DUI. The new law took effect July 29, 2016.

The new law provides a limit for driving under the influence of marijuana much like the .08 standard for blood alcohol. Under the new law, you will be presumed to be impaired if you have a tetrahydrocannabinol concentration of either 5 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance within 2 hours of driving or being in actual physical control of a vehicle.

The new law also takes marijuana out of the “trace law.” Under the “trace law,” you can be convicted of DUI if you have any unlawful substance in your system, even if your driving is not impaired. The trace law makes it easy for prosecutors since they need not prove that a drug influenced your driving. The mere fact the drug is in your system is enough to convict you. Because marijuana can remain in your system for up to 30 days, the trace law led to extremely harsh penalties for actually unimpaired drivers. The trace law still applies to other drugs.

If you are charged with DUI or similar crime, contact an experienced DUI attorney immediately. An attorney can review your case for your best possible defense. Even if the evidence against you is overwhelming, an experienced 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: Amendments to DUI Law.


(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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MARIJUANA CAN STILL GET YOU IN TROUBLE

Posted on July 18, 2016 by mdkeenan

There is no doubt that laws regarding marijuana are liberalizing.

A new law effective July 29, 2016 takes marijuana out of the trace law–the law that convicts you for DUI if you cause a serious accident whether or not you were actually impaired. (See our post Changes to Illinois Law on Marijuana and DUI). On August 2, 2013, Illinois Governor Patrick Quinn signed the Compassionate Use of Medical Cannabis Act enabling patients with certain debilitating medical conditions to obtain marijuana from licensed dispensaries. In April, 2015, Cook County Prosecutor Anita Alvarez announced that her office would no longer prosecute misdemeanor marijuana offenses.

But illegal possession of marijuana can still get you in trouble in several ways.

For one thing, Cook County’s decision to ease up on marijuana did not mean an end to all marijuana-related arrests. While the State’s Attorney’s office may now offer treatment instead of jail, this new tolerance does not apply to offenders with a violent history or who are suspected of dealing.

Even as a legally registered user, you may not operate a motor vehicle while under the influence or otherwise act negligently, and you may not keep marijuana in your car unless it is sealed and inaccessible while driving. You may not smoke publicly or in a motor vehicle, school bus, school, correctional facility, or day care.

Registrered users may not possess cannabis in a school, school bus, day care, or correctional facility. They may not knowingly use marijuana in close proximity to a minor—which could prompt a visit or worse from the Department of Child and Family Services.

If you are charged with a cannabis or other offense, contact an experienced criminal law attorney immediately. An experienced attorney can review your case for your best possible defense. Perhaps you had marijuana in your car, but the police lacked the probable cause to stop you or show that you had the necessary possession and control of the car to prove the marijuana was yours. Perhaps you did not know you were too close to a minor while you were smoking.

If you have questions about your particular case 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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WERE YOU DRIVING A MOTOR VEHICLE UNDER ILLINOIS DUI LAW?

Posted on June 16, 2016 by mdkeenan

To be convicted of DUI, the state must prove beyond a reasonable doubt that you were operating a motor vehicle while under the influence of drugs or alcohol.

But what exactly is a motor vehicle? Naturally, a car, a truck or a motorcycle springs to mind. But what about a moped or or an electric bicycle?

Under Illinois law, a motor vehicle includes: “Every vehicle which is self-propelled …except for vehicles moved solely by human power, motorized wheelchairs, low-speed electric bicycles, and low-speed gas bicycles.” (625 ILCS 5/1-146). A recent Illinois case reversed a DUI conviction where a defendant’s gas-powered bike did not meet that definition. See People v Grandadam.

Illinois law defines a low-speed gas vehicle as “a 2 or 3-wheeled device with fully operable pedals and a gasoline motor of less than one horsepower, whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. (625 ILCS 5/1-140.15). The maximum speed of defendant’s bike was 17 miles per hour when powered solely by the gas motor. (The bike could go faster if pedalled.)

If you are charged with DUI or similar offense, contact an experienced DUI attorney immediately. An attorney may review your case for your best possible defense. Did the police have probable cause to stop you? Can the State able to prove all the elements of your offense? Even if the police acted properly and the evidence against you is overwhelming, an experienced 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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DOG SNIFFS AND THE UNDULY PROLONGED TRAFFIC STOP

Posted on May 16, 2016 by mdkeenan

In 2005, the United States Supreme Court changed the law regarding police stops. Before Illinois v Caballes, police needed specific and articulable facts to change the nature of a stop. After 2005, an officer could change the nature of the stop as long as the stop was not unduly prolonged. In other words, an officer could have a narcotics dog sniff your car even if the officer had no reason to suspect you had drugs as long as the stop wasn’t unduly prolonged.

However, the law on what “unduly prolonged” may mean continues to evolve. In April, 2015, the U.S. Supreme Court in Rodriguez v United States, held that an officer who gets his work done quickly cannot use the time saved to fish around for evidence of other wrong doing.

Following Rodriguez, an Illinois Appellate court has held that an officer unduly prolonged the stop when he interrupted writing traffic citations to conduct a canine sniff of the defendant’s car. People v Pulling. The state argued that the stop was not unduly prolonged because it took no longer than it would to write a couple traffic tickets. The court disagreed. If the officer “had completed the tickets prior to or after the free-air sniff, the stop still would have been prolonged by this unrelated investigation that was not supported by independent reasonable suspicion.” Further, the court stated that the defendant’s agreeing to the canine sniff did not make the prolonged stop legal.

If you are charged with DUI or another 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.)

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