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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TAKING THE BREATHALYZER IN ILLINOIS: WHAT IF YOU DON’T HAVE ENOUGH AIR?

Posted on March 23, 2015 by mdkeenan

The police pulled you over under suspicion of DUI. You knew you’d only had one drink, so you agreed to take the breathalyzer. But somehow you didn’t blow enough air into the machine.

After several tries, the police officer marked you down as having refused the test. Because of that, the Secretary of State doubled the length of your automatic driver’s license suspension.

What can you do?

Although it’s a long shot, an experienced DUI attorney can investigate whether you have a physical inability to submit to the test. A physical inability is a defense to refusing to take the test. Such inability might include asthma or a heart condition that prevents you from blowing enough air into the machine.

If you can prove you were physically unable to comply, the court might throw out the suspension of your license. Be aware, however, that most Illinois appellate law has ruled against the driver, generally finding the driver’s evidence of inability to be insufficient.

If you are charged with DUI, contact an experienced attorney immediately. An experienced attorney can evaluate your case to present your most favorable defense. Was there probable cause to stop you? Did the squad car video show you had signs of impairment? 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 Illinois DUI, 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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BIG TROUBLE: DRIVING ON A REVOKED LICENSE IN ILLINOIS

Posted on February 25, 2015 by mdkeenan

Illinois is serious about enforcing its laws about driving on a revoked license when the underlying offense involves drugs or alcohol.

Recently, a DuPage County judge sentenced a defendant to 8 ½ years in prison for two counts of driving on a revoked license. The man’s license had been revoked after a 2001 DUI accident involving the death of a young woman. (See 8 ½ Years for Driver With Long Record)

Illinois may soon be stiffening its penalties for these offenses. Currently, the sentence for a first-time driving on a revoked is 30 days community service or 10 days imprisonment. Under the proposed law, a driver could no longer get community service and must serve jail time. Jail time would also be mandatory for driving on a statutory summary suspension (the nearly automatic suspension imposed by the secretary of state after a DUI) if any alcohol or illegal drugs are found in your system.

If you are charged with this or a similar offense, contact an experienced DUI attorney immediately. An attorney can review your case for your best possible defense. Did police have a legal reason to stop you? If not, your attorney can ask the court to have the evidence from your arrest suppressed. Even if the police acted properly, 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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“THEY JUST FOLLOWED ME:” POLICE STOPS IN ILLINOIS

Posted on February 9, 2015 by mdkeenan

You pulled out of the gas station and set off on your way home. You’d just had a few beers after work. A couple blocks later, you noticed a squad car behind you. The car continued following you and then pulled you over for no apparent reason. Eventually, you were arrested for DUI.

Can they do that?

In Illinois, the police may generally follow you but cannot stop you without a reasonable, articulable suspicion that you have committed or are about to commit a crime. The stop must be justified from the beginning. Police may not simply go on a fishing expedition to see if you might have been drinking or might have drugs in the car. The officer must point to specific, articulable facts which, taken together with rational inferences, reasonably warrant stopping to investigate you. The stop must be based on more than a hunch.

In a recent Illinois Appellate court decision, the court threw out a DUI arrest where the officer had followed the driver simply looking for violations. (See People v Bozarth.) The driver had not done anything wrong. Because the officer approached her car with his gun drawn, a reasonable person would not have felt free to leave. The officer was then required to have a reasonable suspicion of wrongdoing before making the stop. The officer testified he was looking to see if something “might happen.” As a result, the stop was illegal, and the defendant’s arrest was suppressed and her conviction reversed.

An officer may stop you if he or she is performing a community caretaking function. For example, if your tire is flat and the officer stopped you to let you know about it or if you were sleeping in a parked car. If the officer then sees something wrong, the arrest may be legal.

If you are 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 the officer acted improperly, an attorney may ask the court to suppress your arrest or the evidence resulting from it. Even if the police acted properly and the evidence against you is overwhelming, an experienced attorney who is respected at 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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