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 The plea could still be withdrawn, however, if the defendant could show prejudice or a denial of justice.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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NEW LAW ALLOWS OUT-OF-STATE RESIDENTS TO END THEIR ILLINOIS DRIVER’S LICENSE REVOCATION

Posted on September 7, 2015 by mdkeenan

If you live out of state and your driver’s license has been revoked in Illinois due to four or more DUIs, a new law may allow you some relief. As of January 1, 2016, you may apply to terminate that revocation ten years after your most recent Illinois revocation. If you move back to Illinois, however, your revocation will be reinstated.

If you would like to apply to restore your Illinois driver’s license, contact an experienced DUI attorney immediately. An attorney can help present your case to the Secretary of State in its most favorable light. The Secretary of State can be a tough customer, and it is essential to present as much evidence as possible to persuade them to grant your requests.

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.


(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 NEED A TRANSLATOR FOR DUI COURT IN ILLINOIS?

Posted on August 24, 2015 by mdkeenan

The answer to that question depends on how comfortable you are using the English language. If there is any doubt, it may be best to err on the side of caution and ask for an interpreter early in your case.

In Illinois, the courts are required to provide a translator for DUI matters if the defendant needs one. All Chicago-area courts have Spanish translators on hand. Other translators are brought in as needed. This can cause some scheduling difficulties with court dates, but any disadvantage is far outweighed by your having a complete understanding of your court case.

The legal and procedural language used in court can be difficult to understand for a non-attorney, especially if you are already anxious about being in court. We have had clients who are normally fluent in English freeze when they get before a judge. Often the translator is simply explaining the procedures taking place. But a translator can be especially important if you are testifying, because you do not want to guess about whether you understood or answered a question correctly.

If you do not ask for a translator early in your case, a judge might distrust your later request and think you are pretending a problem. A recent Illinois Appellate court upheld a decision denying a translator because the defendant had gotten through much of the case without one. (See People v Argueta.) The defendant had repeatedly declined a translator before the trial, and a review of the record showed that the defendant answered questions appropriately.

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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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.)

Posted in aggravated dui, breathalyzer/field sobriety test, DRIVING UNDER THE INFLUENCE, DUI evidence, DUI testing, prescription medication | Tagged , , , , , | Comments Off on PROPOSED ILLINOIS LAW TAKES MARIJUANA OUT OF THE DUI TRACE LAW