HOW THE DEFENSE MAY SHOW YOUR BLOOD ALCOHOL IS LOWER THAN YOUR BREATHALYZER

Posted on October 14, 2014 by mdkeenan

You had several drinks at the bar before you drove home. Police stopped you for a moving violation and arrested you for DUI.

At the police station, you blew the breathalyzer. The reading was over the legal limit. Your friend, who was a passenger in the car, swears that you did not show any signs of impairment when you were driving.

With the help of an expert, it may be possible to prove that your blood alcohol was actually lower at the time you were driving. How?

Your body absorbs alcohol on a curve. After drinking, your blood alcohol rises and then starts to fall. These are called the absorption and elimination phases. With the help of an expert, your attorney can use a technique called retrograde extrapolation. The expert will look at a variety of factors such as when and what you drank, your size and whether you ate in order to calculate an approximate blood alcohol result for the time you were driving.

If you were in the absorption phase when you took the breathalyzer, your attorney can argue that your blood alcohol was actually lower at the time you were driving.

Be aware that the state is highly unlikely to dismiss your case based on your expert’s opinion. The state will want their own expert, and you will still have to battle it out in court. But in some cases, it is possible to prove that you were not driving under the influence after all.

If you are charged with DUI or a related offense in Illinois, contact an experienced DUI attorney immediately. Even if the evidence against you is overwhelming, an attorney who is respected at the court house may be able to negotiate a better 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.

(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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WHEN A TRAFFIC VIOLATION IS NOT A TRAFFIC VIOLATION

Posted on September 22, 2014 by mdkeenan

It’s not hard for police to justify a traffic stop. There are a host of potential traffic violations, and chances are, you’ve violated at least one of them.

But not in every case.

A recent Illinois Appellate case found that a driver had not in fact violated the letter of the law. In People v Gonzalez-Carrera, the court struck down a traffic stop based on a defective tail light. The Defendant was charged with “driving with one red tail light” because of a hole allowing white light to shine through the other light. Police subsequently discovered a controlled substance in the car, charging Defendant with possession with intent to deliver.

The Court looked carefully at the wording of the tail light law. Drivers are required to have two red tail lights turned on from sunset to sunrise, during rain, fog or snow, or when visibility is less than 1000 feet. However, none of these conditions applied at the time Defendant was stopped. Therefore, Defendant wasn’t violating the law, and the police stop was no longer valid.

The above case underscores the importance of carefully examining the facts of each case. If you are charged with a crime involving a traffic stop, an experienced criminal or DUI attorney can review your situation for the best possible defense. If police lacked probable cause to stop you, an attorney may be able to bring a motion to suppress any evidence resulting from the illegal stop.

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.

UPDATE (Jan. 12, 2015): A recent U.S. Supreme Court decision muddies the waters. The Supreme Court recently upheld a traffic stop where the officer mistakenly understood a North Carolina law to require two working brake lights. The law, however, was subject to varying interpretations, and the Court said its decision to uphold the officer only applied to reasonable mistakes of law. See Helen v North Carolina.

(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 GETS TOUGH ON TRAFFIC TICKETS WITH NEW LAW

Posted on September 3, 2014 by mdkeenan

A new Illinois law makes it tougher to ignore those routine traffic tickets.

Before the new law, your ticket could be dismissed even if you didn’t show up for court. As long as the arresting officer or complaining witness were absent, the judge could throw out your case.

As of January 1, 2015, however, you will no longer be able to roll the dice. Under the new law (625 ILCS 5/6-308), if you fail to appear at your court date, the clerk will send you notice of a new court date. If you still don’t show, the court will issue an order that you failed to appear unless you show good reason why you couldn’t attend.

And this is the real bite: The court will tell the Secretary of State that you failed to appear. As a result, your driver’s license will be immediately suspended until you clear up your traffic violation.

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 I BE ARRESTED FOR AVOIDING A POLICE ROADSIDE CHECKPOINT IN ILLINOIS?

Posted on August 4, 2014 by mdkeenan

You were driving home from a party when you noticed several cars up ahead and spotted a police checkpoint. You really didn’t want the hassle, so you turned your car around and drove away. Next thing you know, a police car came after you with sirens flashing. You were later arrested for DUI.

Can they do that?

A recent Illinois appellate case has held that if you turn away from a roadblock before you get to the scene without violating any traffic laws, the police will not have the reasonable, articulable suspicion of wrongdoing required to stop you. People v Timmsen.

The police can stop you if your behavior is otherwise suspicious or you are within the area of the roadblock. For example, police can stop someone who fails to stop or changes places with a passenger just before the roadblock. Police can also stop someone who parks within the roadblock area.

However, in the recent case, a driver spotted a roadblock up ahead and then made a legal U-turn to drive away. While the State argued that this behavior gave police the reasonable suspicion required to investigate, the court disagreed: “The mere act of avoiding a roadblock is generally not sufficient to constitute reasonable suspicion by itself, and must be coupled with other articulable facts.”

If you think you were wrongfully stopped because of a roadblock, contact an experienced DUI attorney immediately. An experienced attorney can evaluate your case to help present your best possible defense. If the police stop was improper, it may be possible to get the entire case against you dismissed.

Even if the stop was proper 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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The Crime of Obstructing Identification in Illinois

Posted on July 22, 2014 by mdkeenan

While it may hardly seem like a crime, under certain circumstances, you can be charged with a Class A Misdemeanor for failing to give your correct name, address or birthdate to police.

In Illinois, Obstructing Identification involves knowingly and intentionally providing false information to police once you have been lawfully detained or arrested or the officer has good cause to believe you witnessed a crime. For example, an Illinois Appellate Court recently upheld a conviction against a woman who gave police a third party’s ID claiming it was her own after she had been lawfully detained for suspected DUI.

If you are charged with Obstructing Identification, consult an attorney immediately. Do not speak to the police or a third party about your case. Your attempt to talk your way out of a situation might only dig you in deeper.

An experienced criminal law attorney can review your case for your best possible defense. As with most criminal offenses, the state must prove all the elements of the offense beyond a reasonable doubt. Did you realize you had given the wrong information to the police? Were you lawfully detained or did the police randomly ask for your information?

Even if the evidence against you is overwhelming, an experienced attorney who is respected in the courthouse may be able to work out a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal, DUI 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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WHAT IS THE DIFFERENCE BETWEEN A SUSPENDED AND A REVOKED DRIVER’S LICENSE IN ILLINOIS?

Posted on July 15, 2014 by mdkeenan

Depending on the nature, severity and number of times you’ve been charged with DUI, the Secretary of State may suspend your license or revoke it.

Generally, your license is automatically suspended for a set period when you are charged with DUI. During that period you cannot drive. You do have an opportunity to petition the court to undo the suspension. Your chances of success improve if you quickly retain legal counsel to file the necessary motion. If you are suspended and you have not had any other incidents, you may simply send in the required fee at the end of your suspension, and your license will be reinstated.

A revocation is a much more serious and difficult affair. A DUI conviction will generally result in the revocation of your license. Note that in Illinois, many first time offenders may receive supervision on a first offense. Supervision is not a conviction, and thus does not result in revocation. However, if your first offense involved injury or other aggravating circumstances, you can be convicted and your license may still be revoked.

While suspension is for a set time period, revocation can be forever. To get your license back, you will have to jump through many hurdles. The Secretary of State requires that your record be otherwise clean, that you obtain a drug/alcohol evaluation and treatment, and that you appear at a hearing. You must also demonstrate that you are not a threat to public safety. The Secretary of State is generally inclined to deny an offender’s first attempt at reinstating their license.

An attorney can greatly assist you in your efforts to recover your license. If you have been revoked, an attorney can help present you and your case in your best possible light. Even with an attorney, you may need more than one try, but an attorney’s strategic assistance can improve your odds.

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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HOW TO DRESS FOR DUI COURT

Posted on June 27, 2014 by mdkeenan

I am often surprised at how casually some parties dress for court. The judge may pass sentence on you, so you need to impress him or her. A defendant should remember that the judge is a human being who will make their determinations based in part on the impression you leave, which can include how you appear and behave.

Here are some guidelines to putting your best foot forward:

1) Wear “your Sunday best.” You don’t have to be a church goer, but you should wear what is considered appropriate for that venue.

2) Nose and eyebrow rings are best removed.

3) Avoid showing too much skin. Avoid super low-cut blouses, super short skirts or muscle shirts.

4) Avoid clothes that look like you just came from the gym.

5) Avoid slouchy clothes such as sweats, cutoffs and shorts.

6) Avoid t-shirts. If you must wear one, be sure it does not contain an offensive slogan or design. A bystander in Lake County was actually jailed for contempt of court after the judge saw she was wearing an inappropriate t-shirt.

7) For men, a clean, pressed shirt with a tie and nice pair of pants can work well.

8) For women, dress as you to interview for a management position. Makeup and fingernail polish is fine but should be discreet and muted.

9) Business suits are always a good idea.

10) Hats are not allowed in court. If you want to dye your hair bright blue or pink, try to wait until after court.

11) Gang symbols are a definite red flag to the judge.

12) Do not be ostentatious. Just as you do not want to look like you’re going to the grocery store, you also don’t want to look like you spend more on shoes than the prosecutor makes in salary. Avoid flashy clothes.

While dressing right won’t insure a lenient sentence, it can go a long way to convince the judge that you deserve a break.

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.

For more pointers, see Plan Your Wardrobe for Court.

(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 MISSED MY COURT DATE!:” THE ILLINOIS LAW ON BOND FORFEITURE WARRANTS

Posted on June 17, 2014 by mdkeenan

You overslept and didn’t make it to court. Or maybe you couldn’t get off from work. In any case, you missed the court date for your DUI.

What can happen to you? What can you do?

When you are charged with DUI, you must show up for all court dates. The fact your attorney was in court is not enough to avoid trouble. If you do miss a court date, the judge can issue a bond forfeiture warrant. That means any bond money you may have posted will now belong to the State. Additionally, the judge can issue a warrant for your arrest.

If you did miss court, however, there is still hope. With the help of an experienced attorney, you can bring a motion before the court to vacate the bond forfeiture/warrant so that the new arrest warrant will be quashed and you can continue to defend your case. Be warned, however, that judges only have so much patience. It may be difficult to vacate a warrant after the first time.

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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OUTSIDE THE CITY LIMITS: HOT PURSUIT IN ILLINOIS

Posted on June 10, 2014 by mdkeenan

When you saw the siren, you panicked. You knew you were near the city limits or the state border and you thought if you crossed it, the police would have to stop just like in the movies.

Can police follow you across jurisdictional lines? For the most part, they can although the rules for out of state and in-state police are somewhat different.

Police from outside Illinois have the same authority to arrest you inside Illinois as an Illinois officer if they are in hot pursuit. (725 ILCS 5/107-4). Hot pursuit is defined as the immediate pursuit of a suspect who is avoiding arrest. The officer need not have you in view the entire time, but must have uninterrupted knowledge of your whereabouts and must proceed without unreasonable delay. The officer’s jurisdiction must share a border with the place where you fled.

Once arrested, the officer must bring you before the circuit court in the county where you were arrested in order to determine whether the arrest was lawful.

Inside Illinois, police may arrest you anywhere in the state for a crime committed inside their jurisdiction. (725 ILCS 5/107-5). Illinois case law has held that police may make an arrest in an adjoining jurisdiction where the officer has probable cause to believe that the accused committed an offense in the officer’s jurisdiction.

This is true even though the officer merely entered the adjoining jurisdiction because of some suspicious activity and was not then in fresh pursuit of the offender. People v Carraher.

Police, however, cannot arrest you for a crime committed outside their jurisdiction. A recent Illinois case held that Chicago police could not arrest a Maywood defendant where the criminal act, police surveillance, search and arrest all took place in Maywood. People v Harrell.

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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NEW ILLINOIS MARIJUANA LAWS DO NOT CHANGE THE DUI TRACE LAW: YOU STILL CAN’T DRIVE WITH MARIJUANA IN YOUR SYSTEM

Posted on June 2, 2014 by mdkeenan

Medical marijuana is now allowed in Illinois under certain restrictions. So what does that mean if you are charged with DUI after taking that joint?

Unfortunately, the penalties for driving and smoking without a prescription can still be severe, even if the marijuana in your system is from weeks ago. Bear in mind that marijuana can linger in your system for 30 days or more.

Known as the Illinois 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 the drugs influenced your driving. The fact the drug is in your system is enough to convict you of DUI. However, if you have a lawful prescription for a drug, the prosecution must still prove you were under the influence.

Recently, an Illinois Appellate court has held that the push to liberalize marijuana laws does not impact the trace law. People v Rennie. Marijuana is still illegal in Illinois, the court said, and even where marijuana is legal, you are barred from driving with it in your system.

If you are at fault in an accident and any trace of marijuana remains in your system, the penalties can be harsh whether or not you were under the influence. The sentence for aggravated DUI based on causing great bodily harm or permanent disability or disfigurement to another is 1 to 12 years in prison.

If you are charged with a DUI, contact an experienced DUI attorney immediately. An attorney can review your case to help you present the best possible defense. Did you cause the accident? Did police follow procedures in obtaining any blood tests? Even if the evidence against you is overwhelming, an 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 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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