“I DIDN’T KNOW I’D HIT ANYONE”: LEAVING THE SCENE OF AN ACCIDENT IN ILLINOIS

Posted on May 2, 2016 by mdkeenan

Illinois law requires that any driver involved in a motor vehicle accident must stay at the scene, file a police report and/or call for assistance. The law further requires that you reasonably assist any injured person including carrying that person to medical help, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.

But what if you didn’t know you’d hit a pedestrian or hurt anybody?

As with most crimes, the state must prove all elements of the crime beyond a reasonable doubt. A recent Illinois court held that the state must prove that you knew you’d been in an accident that caused injury to a person. In other words, because the statute requires you to help an injured person, you must first be aware that there was someone needing help. Under prior law, the state only had to prove that you had been in an accident. (See People v Meuris.)

In accidents involving injury or death, a failure to stop can lead to a Class 4 felony, punishable by one to three years in prison. If you also fail to file a police report, you may be charged with a Class 2 felony, punishable by 3 to 7 years. If the other party died, you are now subject to a Class 1 felony, punishable by 4 to 15 years. When the accident only involves property damage, you may still be charged with a Class A misdemeanor, punishable by up to one year in jail plus a fine. Failing to give assistance is also a Class A misdemeanor.

If you are charged with Leaving the Scene, DUI or a related offense, contact an experienced attorney immediately. An attorney can review your situation for your best possible defense. As with most criminal charges, the state must prove you guilty beyond a reasonable doubt. Can the state show you knew you’d been in an accident or hit a pedestrian?

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.

See 625 ILCS 5/11-401 and 625 ILCS 5/11-403.

(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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2016 UPDATE ON COURTHOUSE CELL PHONE RULES

Posted on April 12, 2016 by mdkeenan

After the recent removal of cell phone lockers at the George N. Leighton Criminal Courthouse resulted in confusion, it seems like a good time to review the rules.

Cook County first implemented its courthouse cell phone ban in 2013. The ban is currently limited to the George N. Leighton Criminal Courthouse, 2600 N. California, Chicago. The ban was in response to security concerns that cell phones were improperly used to photograph witnesses, jurors and judges who would then be intimidated.

The ban prohibits cell phones, laptop computers, tablet computers, smartphones and all other devices capable of connecting to the internet or making audio or video recordings. Anyone violating this rule can be held in contempt of court, face a fine or jail time and have their device confiscated.

The Criminal Courthouse does provide a limited number of free storage lockers. But these lockers became difficult to oversee and were possibly used to store contraband, so the county removed them in early April. That lasted about one week and the lockers are now back. The county still recommends leaving your devices at home. The courthouse does provide public phones.

There are several exceptions to the ban. These include: jurors, attorneys and their employees, judges, persons with disabilities, news media, government employees, vendors, repair people and law enforcement. You may also bring your device if you are seeking an order of protection, you are participating in domestic violence counseling or if you are required to wear an electronic home monitoring device. If you fall into one of these categories, you must have proper identification and official business at the courthouse.

For more information in Cook County, see Cell phone and Electronic Communication Device Ban.

DuPage County also bans cell phones or communication devices in the courthouse. See Du Page County Security Information. Lake County allows you to bring in electronic devices, but they must be turned off. See Lake County Courthouse Security Brief.

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 STOP ME FOR THAT? IMPROPER LICENSE PLATE DISPLAY IN ILLINOIS

Posted on March 23, 2016 by mdkeenan

It’s not hard for a police officer to find a legal reason to stop your car. If it isn’t seat belts or crossing over the center line or an actual moving violation, an officer may stop you because your license plate isn’t proper displayed.

The Illinois Vehicle Code requires every registration plate to be securely and horizontally fastened not less than five inches from the ground so as to prevent the plate from swinging. Further, the plate must be maintained in a clearly legible condition, free from any materials that would obstruct its visibility. A registration plate on a motorcycle may be mounted vertically as long as it is otherwise clearly visible. Registration stickers must also be clearly visible at all times. 625 ILCS 5/3-413(b).

A prior law barred covering the license plate even with only clear plastic. A recent Illinois court decision upheld a defendant’s aggravated DUI conviction because the court held that the stop was legal under the prior law.

At least one court decision, however, has sided with the defendant under the current license display law. In People v Flores, an officer stopped a defendant because he believed the defendant’s license plate frame was illegal. The Seventh Circuit Court of Appeals held that Mr. Flores’s car dealer-type license plate frame did not violate the law. As a result, the court overturned the defendant’s conviction.

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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CAN THE POLICE ASK FOR MY DRIVER’S LICENSE DURING A TRAFFIC STOP?

Posted on March 1, 2016 by mdkeenan

The answer is yes.

Recent U.S. and Illinois Supreme Court cases have held that a request for a driver’s license is reasonable regardless of the reason for the stop.

Before 2005, police could not change the nature of a traffic stop without articulating specific facts to support the change. For example, an officer could not stop you for running a red light and then bring in the canine unit to sniff your car for drugs without having a reasonable basis to believe you had drugs. After the U.S. Supreme Court decision in Illinois v Caballes, however, an officer can change the reason for the stop as long as the stop is not unduly prolonged. In other words, the officer cannot make you wait around for the dogs long after the officer has completed paperwork for the stop.

In People v Cummings, the question was whether the officer unduly prolonged a stop by asking for a driver’s license after the original reason for the stop had vanished. (In this case, the police were looking for a woman with an outstanding warrant and the driver turned out to be a man.) An interest in officer safety entitles the officer to know whom he is dealing with. The stop, however, must be lawfully made–the officer must still have probable cause to stop you.

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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SPECIAL DEFENSES FOR ILLINOIS DUI

Posted on January 29, 2016 by mdkeenan

Despite what you hear about criminal defendants “getting off on a technicality,” that really doesn’t happen very often. Most appellate courts are reluctant to let an otherwise guilty defendant go free if they can find any way to uphold the conviction. Nonetheless, there are still some defenses left regarding DUI. Below are a couple of examples:

Failure to Produce the Squad Car Video: In more and more communities, police cars are equipped with video cameras. If your attorney has filed the proper requests and that video gets lost or destroyed, the court can sanction the state. For example, the court can bar the officer from testifying about anything that would have been on the video such as whether you were falling down drunk during field sobriety tests. Without that evidence, it may be difficult or even impossible for the state to convict you. Sanctions may only apply, however, if the police department lost or destroyed the video, and not if the officer forgot to turn on the camera or the video suffered from technological errors. Further, a recent case disallowed sanctions where the police officer directed the defendant to perform field sobriety tests outside the squad camera’s view. (See People v Moises.)

Failure to Properly Certify the Breathalyzer Machine: The breathalyzer machine used at the police station must be tested within 62 days before your arrest to certify that the machine is accurate. In a recent Illinois case (People v Smith), the machine had been tested, but the certification did not state whether the machine passed. Nor did the state produce witnesses to testify about the certification. As a result, the court reversed the defendant’s conviction for DUI. An earlier Illinois case held that a breathalyzer certification record was invalid because the state’s witness did not testify that the record was made at the time of the certification. People v Harris.

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 failed to follow procedures, the attorney can ask the court to suppress the evidence against you. 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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DO I HAVE TO TAKE A PRELIMINARY BREATH TEST IN ILLINOIS?

Posted on January 8, 2016 by mdkeenan

If you are stopped for a traffic violation and the officer suspects you of DUI, he or she might ask you to take a preliminary breath test (PBT). Can you refuse?

Under Illinois statute, if an officer has a reasonable suspicion to believe that you are driving under the influence, the officer may request that you take the PBT. An officer may use the PBT to determine whether to ask you to take further tests. However, you may refuse, and there are no penalties for refusing this particular test. (See People v Guiterrez.)

Whether you should refuse the field sobriety tests and/or a breathalyzer is a complicated matter. (See our related blog To Breathe or Not to Breathe: Taking the Breathalyzer.) Refusing the tests can make it harder for the state to convict you. However, there are penalties to refusing. For example, your driver’s license may be suspended for a much longer time period.

With the PBT, the results are generally not admissible in criminal court because of state certification requirements involving breathalyzer devices. However, if you are petitioning to rescind or undo the automatic suspension of your driver’s license, the results of the PBT can be used against you under limited circumstances. A petition to rescind is a civil matter and does not require the same standard of proof as a criminal matter.

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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NON-CITIZEN DEFENDANTS, BEWARE! COURTS NEED NOT WARN YOU ABOUT THE IMMIGRATION CONSEQUENCES OF YOUR GUILTY PLEA

Posted on December 8, 2015 by mdkeenan

Decades ago, when a non-U.S. citizen was convicted on a charge such as DUI, their lawyer could tell them not to worry about their immigration status. It was highly unlikely that the government would bother to deport you.

Those times have changed. Now, the potential for deportation must always be considered before making a guilty plea.

A recent Illinois court decision has underscored this issue. In People v Guzman, a defendant pled guilty to firearm charges. The trial court asked if defendant was a citizen but did not warn defendant about the immigration consequences of his guilty plea. Defendant later tried to withdraw his plea arguing it was not voluntary or knowing and intelligent because the trial court failed to warn him.

The defendant appeared to be supported by Illinois statute, which requires a judge to state: “If you are not a citizen of the United States, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States.” 725 ILCS 5/113-8.

Despite the above statutory language, the Illinois Supreme Court ruled that the warning on immigration consequences was not mandatory and the consequences of failing to warn are “collateral” because the trial court does not control the immigration decisions of other governmental agencies. Therefore, the trial court’s failure to warn the defendant did not affect the plea’s voluntariness. The plea could still be withdrawn, however, if the defendant could show prejudice or a denial of justice.

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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I DROVE SOMEONE ELSE’S CAR: DRIVING WITHOUT A BAIID IN ILLINOIS

Posted on November 2, 2015 by mdkeenan

After you were charged with DUI, the court allowed you to drive with a Breath Alcohol Ignition Interlock Device (BAIID). But you’d had a couple beers and you knew you’d get in trouble if you blew into the device. So you took someone else’s car. Unfortunately, the police stopped you and now you are charged with violating your driving permit.

What can happen to you? What can you do?

Due to recent legislation, restricted driving permits or Monitoring Device Driving Permits have become more widely available. The permit requires, however, that the driver blow into the BAIID before starting the car. If you drive a car without a BAIID, you can be charged with a Class 4 felony, punishable by 1 to 3 years in prison, and you must serve a minimum of 30 days in jail. See 625 ILCS 5/6-303(c-4). You may also lose your permit to drive.

As with most crimes, the state must prove you guilty of all the elements of the crime beyond a reasonable doubt. To be convicted, you must be operating or in “actual physical control” of the vehicle. While Illinois courts interpret “actual physical control” very broadly, there may still be some leeway. If you are sitting in the car with the keys in the back seat, you might still be in physical control. However, if the keys were in the trunk or with someone else inside the bar, you may have a defense.

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.

For further information, see Illinois Secretary of State BAIID.


(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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NEW ILLINOIS LAW EXPANDS DRIVING PERMITS FOR AGGRAVATED DUI OFFENDERS

Posted on September 28, 2015 by mdkeenan

A change to Illinois law allows a driver who has one Aggravated DUI conviction involving great bodily injury to apply for a restricted driving permit.

The restricted permit would let you drive when using a breath alcohol ignition interlock device (BAIID). The permit may be issued for up to one year, and you may not drive without the BAIID. The permit could allow you to drive to work or for alcohol treatment. You might also be allowed to drive yourself or a family member to school, for medical treatment or to daycare.

To qualify for the permit, you must demonstrate that no other reasonable means of transportation exists and that you would not endanger public safety. The permit is restricted to cases of undue hardship as defined by the Secretary of State.

If you are convicted of DUI after obtaining your restricted permit, you can be permanently barred from driving again. If you violate your permit by driving a car without the BAIID, you may be convicted of a Class 4 felony, punishable by one to three years in jail.

The new law takes effect January 1, 2016.

If you are wish to apply for a restricted permit, contact an experienced attorney immediately. An attorney can help present your evidence in its most favorable light to grant your request.

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: Public Act 99-0290.

Also see Public Act 99-467.


(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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COOK COUNTY JUDGE CHALLENGES ILLINOIS SPEEDING LAW

Posted on September 14, 2015 by mdkeenan

(UPDATE – June 16, 2016 – In People v Rizzo, the Illinois Supreme Court held that the law denying supervision to first-time excessive speeders does not violate the proportionate penalties clause of the Illinois Constitution.)

A Cook County Circuit Court Judge has held that denying supervision to first-time excessive speeders in all cases violates the Illinois Constitution.

Under Illinois law, supervision is not available to drivers who violated the Excessive/Aggravated Speeding Law. Currently, this applies to driving more than 35 miles over the limit, a Class A Misdemeanor. As of January, 2016, those travelling more than 25 miles over the limit in an urban district are also barred from supervision on a first offense.

Supervision is technically not a conviction. Judge Deborah J. Gubin found that supervision is generally available on first offenses for retail theft, DUI and drug crimes, but usually denied to first offenses involving bodily injury. Denying supervision to speeders without letting a judge consider mitigating factors is a disproportionate penalty which violates the Illinois Constitution, she reasoned.

The Cook County State’s Attorney’s office is appealing the judge’s ruling to the First Appellate District. It remains to be seen whether the law will stand.

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.

Source: Judge Strikes Ban on Supervision for Aggravated Speeding.


(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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