UPDATE TO ILLINOIS SPEEDING LAW: THE CRACKDOWN CONTINUES

Posted on August 17, 2015 by mdkeenan

As of January 1, 2016, Illinois is toughening its speeding laws once again. This time, the legislature has created the offense of aggravated special speed limit.

Aggravated special speed limit applies to school and construction zones. If you drive 26 to 35 miles over the limit in a school or construction zone, you can be charged with a Class B Misdemeanor, punishable by up to six months in jail. Speeding more than 35 miles an hour is a Class A Misdemeanor, punishable by up to one year in jail. Both offenses carry fines, and you may not be eligible for supervision. Supervision is technically not a conviction and thus may have a different effect on your car insurance.

Under the new law, you also may not receive supervision if you were speeding more than 26 miles over the limit in an urban district. Otherwise, you may have supervision on a first offense, but not on later offenses.

If you are charged with speeding, 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 arrest. 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 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: Special Speed Limit Public Act.

(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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COMPOUNDING THE PROBLEM: DRIVING ON A REVOKED OR SUSPENDED LICENSE IN ILLINOIS

Posted on August 5, 2015 by mdkeenan

I always warn my clients not to drive after their license is suspended for DUI. Once in trouble, you simply become a magnet for more.

Recent Illinois case law has held that even if your license has already been revoked, the court can suspend it again. And each suspension increases your punishment.

In People v Blair, a Defendant was convicted of driving on a suspended or revoked license in two separate cases. As a result, the judge sentenced the defendant to concurrent prison terms of seven years for one case and three years for the other. The defendant argued that he couldn’t be suspended because his license was already revoked. The court disagreed. Further, the court upheld the defendant’s otherwise lengthy sentences based on his criminal record which included 10 convictions for driving on a suspended or revoked license.

These types of charges are extraordinarily easy for the state to prove. They need only show that your license was suspended or revoked because of an alcohol or drug related offense and that you were driving. If there truly was no legal basis for the stop, you may be able to win a motion to suppress the arrest.

If you are charged with driving on a suspended or revoked, contact an experienced attorney immediately. An attorney may review your case for your best possible defense. As noted, an attorney may petition the court to throw out the arrest if there was no legal justification for stopping your car.

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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IT’S ALL ABOUT THE DRIVING: DUI EVIDENCE IN ILLINOIS

Posted on July 20, 2015 by mdkeenan

To be convicted of DUI in Illinois, the state must prove beyond a reasonable doubt that you were in physical control of a vehicle while under the influence of alcohol or another drug. To determine if a defendant was really impaired, judges tend to focus on the driving.

In fact, it’s all about the driving.

In Illinois, you are presumed impaired if your blood alcohol is over .08. But this is only a presumption. To prove you were actually impaired, the state might introduce the squad car video of your driving and/or your field sobriety tests. If there is no video, the court may rely on the testimony of witnesses or the officers that you were weaving all over the road. Either way, if your driving seemed bad, the judge is much more likely to find against you.

On the flip side, good driving can help exonerate you. If your performance on video looks steady, the court may be less inclined to believe you were too drunk to drive.

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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PROPOSED ILLINOIS LAW TAKES MARIJUANA OUT OF THE DUI TRACE LAW

Posted on July 3, 2015 by mdkeenan

A proposed Illinois law would resolve some of the conflict between liberalized marijuana laws and their impact on DUI.

Under a current Illinois law, known as the “trace law,” you may be convicted of DUI if you have any unlawful substance in your system, even if your driving was not impaired. The trace law makes it easy for prosecutors since they need not prove that a drug influenced your driving. The fact a drug is in your system is enough to convict you of DUI. Because marijuana can remain in your system for up to 30 days, the trace law has led to extremely harsh penalties for actually unimpaired drivers.

If you have a lawful prescription, the prosecution must still prove you were under the influence of the drug. However, a recent Illinois Appellate court held that the push to liberalize marijuana laws did not impact the trace law. People v Rennie. Marijuana is still illegal in Illinois, the court said, and even when marijuana is legal, you are barred from driving with it in your system.

If signed by the governor, the new law would take marijuana out of the trace law. Instead, the law introduces a new standard for determining whether a driver is under the influence of marijuana. A saliva test is now available for marijuana much like the breath test for DUI. Under the new law, you could be convicted of DUI if within two hours of driving or being in actual physical control of a vehicle, you have a concentration of 15 or more nanograms of delta-9-tetrahydrocannabinol (THC) per milliliter of whole blood or 25 or more nanograms of THC per milliliter of other bodily substance.

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.

Source: HB 218.
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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“BUT I WASN’T NEAR MY CAR!”: THE “DRIVING” IN ILLINOIS DUI

Posted on June 18, 2015 by mdkeenan

If you are walking down the street, it seems reasonable to assume that you aren’t in the act of driving. Yet, under Illinois law, you can be charged with drunk driving even if you are nowhere near your car.

How can that happen? What can you do?

As with most crimes, the state must prove the elements of a DUI beyond a reasonable doubt. In this case, the state must prove that you are 1) in actual physical control of a vehicle while 2) under the influence of alcohol or drugs. But how can you be in physical control of your car when you aren’t anywhere close to it?

Often these cases occur when someone has had an accident or breakdown on the highway and are walking somewhere to get help. In People v Call, the defendant was picked up two miles away from an accident walking along a highway. Defendant admitted to police that he’d been driving the car. While that admission by itself is not enough to prove driving, other evidence supported the court’s inference the defendant had driven the car.

Another Illinois court, People v Chavez, held that defendant’s appearance at a nearby gas station with a leg injury helped prove that he had been driving a car which had flipped over.

Although Illinois courts seem to infer driving under almost any circumstances, there is still hope. The state’s ability to meet its burden of proof depends on the facts of each case. An experienced DUI attorney can help you present those facts in their most favorable light.

For example, one Illinois court, People v Foster, refused to find driving where the defendant was in the passenger seat of a car that was partly suspended over a culvert. The defendant told police he had been driving the car but later denied it. The court looked at the only undisputed evidence—that defendant had been found on the passenger side of the car.

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 the Police Stop You for Switching Seats in Illinois?

Posted on June 8, 2015 by mdkeenan

You and your friend just came from a party. You were driving, but you started to feel sick. You pulled over to let your passenger drive. That’s when the police officer came up behind you. Now you’re charged with DUI.

Can the police stop you for switching seats?

In Illinois, whether an officer can stop you may depend on the reason for the stop. An officer cannot pull you over simply because you switched seats. He or she cannot act solely on a hunch that you might have done something wrong. An officer must have either probable cause or be acting in his or her capacity as a community caretaker.

You may give the police probable cause if you violate a traffic law. Maybe you didn’t pull your car far enough off the road or didn’t properly signal. Illinois courts have also held that switching seats before a police sobriety checkpoint can give an officer probable cause.

An officer may also stop you out of genuine concern for your wellbeing—known as the police community caretaking function. Thus, an officer can knock on a car window to see if a sleeping driver is all right. Or perhaps the officer saw you switching seats but stopped to see if you had mechanical problems or needed medical assistance. If the officer smells alcohol, the officer may then have probable cause for a DUI arrest.

If you are stopped for DUI or a similar offense, contact an experienced attorney immediately. An attorney can review your case for its best possible defense. Maybe the officer stopped you on a hunch but tried to justify the stop after the fact. A stop must be justifiable at the time it is made. If the stop is illegal, an attorney may petition the court to overturn the arrest.

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.

See People v Gray and People v Dittmar

(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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HOW LONG CAN POLICE STOP MY CAR IN ILLINOIS?

Posted on May 22, 2015 by mdkeenan

There are no hard and fast rules about how much time police can take to perform a routine traffic stop. However, police may keep you no longer than necessary to accomplish the purpose of that stop. How long is necessary depends on the facts of each case.

In 2005, the U.S. Supreme Court held that police could change the nature of a traffic stop as long as the stop was not unduly prolonged. (See Illinois v Caballes). Before 2005, police needed specific and articulable facts to change the nature of a stop. For example, police could stop you for blowing a traffic light, but only use a dog to sniff your car if they saw something that led them to believe you had drugs. After 2005, the dog could sniff your car regardless of the reason for the stop provided you were not unduly kept waiting.

A new U.S. Supreme Court case may be limiting this approach. In Rodriguez v United States, the Court stated that the general mission of a traffic stop was to insure traffic safety. Police ordinarily check the driver’s license, registration, proof of insurance and whether there are outstanding warrants. A dog sniff for drugs is not related to this mission although dogs may be used if they do not unduly prolong the stop. However, an officer who gets his work done quickly cannot use the time saved to fish around for other evidence of other wrong doing.

If you are charged with DUI or a related 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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BE POLITE TO YOUR OFFICER: COURTESY DURING A POLICE STOP

Posted on May 11, 2015 by mdkeenan

Despite the bad apples you see in the news, the majority of police officers are decent people just trying to do a dangerous job the best way they can. Therefore, if you are stopped by police, you should treat them with the courtesy and respect you would want if you were in their shoes.

Of course, officers are not perfect. They make mistakes. Some officers go beyond that, abusing their authority. The news is filled with tragic examples of such abuse. We ourselves have seen evidence videos where our clients seem to have been stopped solely because they were teenagers or because they were a minority. Still, the place to fight that type of injustice is in the courtroom, not in your car.

We are not suggesting that you meekly answer all questions, submit to a search or sobriety testing. But your refusal should be polite. To an officer, argumentative or belligerent behavior is a sign of intoxication. We have seen videos where the officer might have released the client if the client had not become abusive. It is to your own benefit to live by the golden rule, doing unto others as you would have them do unto you.

If you have been charged with DUI or other crime, contact an experienced attorney immediately. An attorney can review your case for your best possible defense. Maybe the police lacked probable cause to arrest you. Being rude may be foolish, but it’s not illegal. If there were no signs of a criminal offense beyond your attitude, an experienced attorney may be able to petition the court to throw out the arrest.

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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SNIFFING AROUND YOUR CAR: DOG SNIFF SEARCHES IN ILLINOIS

Posted on April 28, 2015 by mdkeenan

Generally, you do not have the same privacy rights in a car that you would in your home. So while a trained narcotics dog may not sniff outside your apartment door, the dog may sniff around your car. Worse yet, police may order you to roll down your car windows and turn up the blowers so that the dog can get a better whiff.

A recent Illinois appellate case, People v Thomas, expressed reservations about this type of “setup” procedure, but the court felt bound by existing Illinois State Supreme Court law. The Illinois Supreme Court held in 2011 that opening the windows and blowing out the air was no more intrusive than the setup procedure used to permit a narcotics dog to smell a suitcase.

The Illinois Appellate court believes the U.S. Supreme Court will eventually overturn the legality of forcing a driver to blow out the air in their car. But in the meantime, it’s the law.

If you are charged with a criminal, traffic or DUI offense, contact an experienced criminal law attorney immediately. Do not try to talk your way out of the situation as any comment you make can be used against you. An experienced attorney can review your case for your best possible defense. Perhaps the police did not have probable cause to stop you in the first place. If so, an attorney may be able to petition the court to suppress the arrest.

Even if the search and arrest were legal and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a better 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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BE CAREFUL HOW YOU PARK YOUR CAR! IMPROPER PARKING CAN BE PROBABLE CAUSE

Posted on April 13, 2015 by mdkeenan

After a few drinks at the bar, you pulled over on the side of the road. Perhaps you only meant to stop for a moment to use the phone or grab something from the back seat. Perhaps you were tired or feeling dizzy and needed to take a nap.

In either case, the police approached your parked car. While writing a ticket for the improper parking, the police noticed the smell of alcohol and asked you to take some tests. Now you’re charged with DUI.

While it may seem silly, poor parking can give the police the probable cause they need to stop you. Under Illinois law, it is illegal to park 1) at the edge or curb of a street, 2) on the sidewalk, 3) in an intersection, 4) on a crosswalk, 5) between a safety zone and the adjacent curb, 6) alongside or opposite a street obstruction if you would in turn obstruct traffic, 7) on a bridge or elevated structure, 8) inside a highway tunnel, 9) on railroad tracks, 10) on a controlled-access highway, 11) where prohibited by signs, 12) in the area between roadways or divided highways, or 13) without a proper parking sticker where one is required. (See Illinois Statute on Parking, Standing and Stopping).

If you are charged with DUI or a related offense, contact an experienced attorney immediately. An attorney can evaluate your situation for your best possible defense. Illinois law permits momentary standing in some areas to pick up passengers or unload property. If so, the police may then lack the probable cause needed to stop you.

Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may negotiate a more favorable plea agreement then you could on your own.

If you have questions about a 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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