DO YOU HAVE A RIGHT TO REFUSE TO DUI TESTING IN ILLINOIS?

Posted on April 24, 2014 by mdkeenan

If you are stopped for DUI, you can refuse to take a breathalyzer or perform field sobriety tests. But your ability to refuse is not a constitutional right and is not protected by your Fifth Amendment right against self incrimination.

Further, police are not required to read your Miranda rights before testing or inform you that you can refuse. Some counties even have judges on call 24 hours a day to sign search warrants that allow the state to draw your blood without your consent.

Under Illinois statute, you are deemed to have consented to DUI tests once you are arrested for DUI. You can still refuse the tests. In many cases, refusal may be your best option since a bad performance can give the State the evidence they need to convict you.

However, refusing the tests comes at a price. The Secretary of State can more than double the length of your automatic driver’s license suspension.

If you are charged with drunk driving or a related offense, contact an experienced attorney immediately. An attorney can review your case for the best possible defense. Even if you took DUI tests and the evidence against you is overwhelming, an skilled attorney who is respected in the courthouse may negotiate a better 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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2014 UPDATE TO ILLINOIS SPEEDING LAW

Posted on April 8, 2014 by mdkeenan

For the third time since 2011, Illinois has stiffened the laws against speeding. Now, you can be charged with a Class A Misdemeanor if you speed 35 miles or more above the limit.

Speeding first became criminalized as a misdemeanor in 2011. In 2011, driving 31 to 39 miles over the limit was upgraded to a Class B Misdemeanor, while speeding 40 and over became a Class A. On January 1, 2013, driving 25 miles over the limit became enough to trigger the Class B Misdemeanor. While a Class B misdemeanor is punishable by up to six months in jail, a Class A is punishable by up to one year. Both carry maximum fines of $2,500.

Under current law, speeding 26 to 34 miles over the limit is a Class B Misdemeanor, while 35 and above is a Class A. You cannot receive supervision for these offenses. Supervision is essentially a warning to stay out of trouble and is not considered a conviction for criminal law or insurance purposes. Therefore, if you plead or are found guilty of speeding over 25 miles, you will have a conviction.

If you are charged with a speeding or other traffic or criminal offense, you should contact an experienced attorney immediately. An attorney can review the facts of your case to see if you have a defense. Even if you do not, an attorney who enjoys a good reputation in the court house may be able to obtain a better plea arrangement than you can 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.

See Illinois Speeding Law.


(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 IT WASN’T MY CAR!”: STOPPED FOR SOMEONE ELSE’S CRIMES

Posted on March 31, 2014 by mdkeenan

You borrowed a friend’s car. Unbeknownst to you, your friend had some legal troubles. When the police stopped the car, they ran a check on your license and discovered you had some legal trouble of your own. Can they do that?

According to a recent Illinois Supreme Court case, police conduct must be reasonably related to the reason for the stop. If you were breaking a traffic law or police smelled marijuana or saw an open beer bottle in the car, they would have grounds to detain you. However, if your only offense is driving someone else’s car, police could be barred from even asking to see your license.

In People v Cummings, police stopped a van driver because a check on the van’s expired license plate revealed that the owner had an outstanding arrest warrant. After asking for the defendant’s license, police found he had a suspended license and so charged him with driving on a suspended license.

However, the van’s owner was a woman while the driver was a man. The Court stated that once police saw that the driver could not be the van owner, they could not ask for defendant’s driver’s license: “Any reasonable suspicion of criminal activity vanished, and seizure became unlawful because there was no longer a fourth amendment justification for the stop.” As a result, the evidence regarding defendant’s arrest for driving on a suspended license was suppressed.

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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HOW DOES THE NEW ILLINOIS MEDICAL MARIJUANA LAW AFFECT MY DUI?

Posted on March 11, 2014 by mdkeenan

As of January 1, 2014, medical marijuana became legal in Illinois provided you are a registered user with a diagnosis for one of the specified medical conditions, and you purchased your pot from a licensed dispensary. So what happens if the police stop you for DUI and all you’ve taken is your medicine?

As with other legally prescribed drugs, you can still be found guilty of DUI under the new law, but only if your driving was impaired. Before the law changed, you could be convicted for having any amount of marijuana in your system.

After you are charged with DUI, the Secretary of State will issue an automatic suspension of your driver’s license. Under the new law, your license should not be suspended if you were not impaired.

Under the new law, an officer must have a reasonable suspicion of your DUI based on an independent cannabis-related rationale before asking you to take field sobriety tests. Your possession of a medical marijuana registry card is not by itself a sufficient basis.

The new law permits the police to use field sobriety tests to determine impairment. However, you may get your own chemical testing, and you may present evidence that you lacked the physical capacity to perform the tests.

The laws are subject to interpretation to some degree, and it is is highly likely that different judges will construe them differently. While the medical marijuana law may legalize some use under limited circumstances, it hardly creates a perfect defense to allegations of driving under the influence.

If you are charged with a marijuana-related DUI, contact an experienced DUI attorney immediately. An attorney can review your case for the best possible defense. Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to obtain a better plea agreement than you can 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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CAUGHT IN THE CRACKS: DRIVING ON A SUSPENDED LICENSE BEFORE YOUR SUSPENSION IS THROWN OUT

Posted on February 18, 2014 by mdkeenan

If you are charged with DUI in Illinois, the Secretary of State will automatically suspend your driver’s license 46 days after your arrest unless you successfully petition the court to rescind or undo the suspension. If you are caught driving on a suspended license, you could serve a mandatory 10 days in jail or 30 days community service for a first offense. And the penalties for subsequent offenses only get worse.

But what happens if, after you are arrested for driving on a suspended license, the judge lifts the suspension? Can you still be convicted? Different Illinois Appellate Courts had different answers, but the Illinois Supreme Court has settled the issue by saying, in short, that you are out of luck. (See People v David K. Elliott).

A downstate Court of Appeals previously ruled that a “rescission” should be treated as though your suspension never happened. Therefore, you could not be convicted for driving on a suspended license even if you didn’t get the rescission until after you were arrested. Other Appellate Courts, however, said that if your license is suspended at the time you are stopped, then you should pay the price. These courts reasoned that people should not be encouraged to ignore the law by driving while suspended.

The Illinois Supreme Court has now ruled that a rescission is not like hitting the reset button. The Court determined that the Illinois legislature did not mean the term “rescind” to apply retroactively in the DUI context. Therefore, if you are caught driving before the rescission, you can still be convicted of driving on a suspended license even though the judge later says it is okay to drive.

If you are charged with driving on a suspended license or related crime, be sure to contact an experienced DUI law attorney immediately. Even under the new decision, an attorney can look for other avenues of defense. Did the police have probable cause to stop you? Can you get community service instead of jail?

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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VIOLATING YOUR ILLINOIS MONITORING DEVICE DRIVING PERMIT

Posted on February 3, 2014 by mdkeenan

First-time DUI offenders may quality for a Monitoring Device Driving Permit (MDDP) which allows you to keep driving—as long as you carefully follow all the rules. A violation of your MDDP can extend your time without a driver’s license and even land you in jail.

An MDDP requires that your car be equipped with a Breath Activated Ignition Interlock Device (BAIID). You have to blow into the device each time you try to start your car. The Illinois Secretary of State penalizes attempts to get around or tamper with the device.

It is a violation of your MDDP if you:

a) Fail ten or more attempts to start your car within 30 days.

b) Fail five or more attempts to start your car within 24 hours.

c) Fail to blow into the device before starting the car.

d) Blow a breathalyzer reading higher than .05.

e) Fail a random breath test or fail to take the test. (The MDDP program requires you to perform breathalyzer testing at random times while you are driving. You must pull over and blow a sample as soon as you can safely do so.)

f) Fail to take the BAIID in for monitoring every 30 to 60 days.

g) Fail to take the BAIID in for an inspection within 5 days of being asked to do so.

h) Tamper with or circumvent the BAIID in some other way.

i) Drive any car that does not have the BAIID.

j) Have someone else blow your sample. (This trick has become much harder since the BAIID now automatically photographs the person blowing into it. Blocking the view of the camera is another violation.)

If you have violated your MDDP, the Secretary of State will give you 21 days to provide an explanation. If your explanation is not satisfactory, the Secretary of State could extend your driver’s license suspension three months for each violation. For certain violations, your MDDP may be cancelled or your car could be impounded or become inoperable. You may request a hearing to contest the Secretary of State’s determination.

If you are caught driving a car without a BAIID, you can be charged with a Class 4 felony, along with a minimum jail term of 30 days.

If you are charged with violating your MDDP, contact an experienced DUI attorney immediately. An attorney can review your case for the best possible defense. Even if 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 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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HOW LONG WILL I LOSE MY DRIVER’S LICENSE FROM DUI IN ILLINOIS?

Posted on January 20, 2014 by mdkeenan

You need your car to get to work. If you can’t drive, you’ll lose your job. Unfortunately, you just got charged with DUI. Will you lose your license and for how long?

The answers to those questions depend on several variables. Was this your first offense? Did you take the breathalyzer? Do you qualify for a breath activated ignition interlock device (BAIID)?

For a first-time DUI, if you took the breathalyzer, the Secretary of State automatically suspends your license for six months, beginning on the 46th day after your arrest. You may be able to overturn this suspension if you consult an experienced DUI attorney as soon as possible after your arrest. The chance of beating the suspension may decrease with time. If you beat the suspension, you will again be allowed to drive.

On a first-time DUI, you may be eligible for the BAIID beginning on the 31st day of your suspension. No relief at all is permitted under state law for the first thirty days. (UPDATE: As of January 1, 2016, a new law has abolished the 31-day waiting period.) This requires you to blow into a device on your car’s ignition system to start your car. A BAIID can be embarrassing and restrictive. If you blow while intoxicated, you can get into further trouble. You cannot drive a car without the BAIID. This even means that you are not legally permitted to move your car from one side of the street to the other to avoid a parking ticket. A quick drive across the street to avoid a fifty dollar ticket might just put you in jail for thirty days in Illinois.

On a first-time DUI, your suspension is increased to one year if you refused the breathalyzer. Again, your chances of beating the suspension improve if you consult an experienced criminal law attorney quickly. And your chances of beating the entire DUI may be improved if you didn’t take tests.

For a second or greater offense, the automatic suspension period increases to one year with the breathalyzer and three years without. Repeat offenders are not eligible for a BAIID.

If convicted of DUI, a first offender can be revoked. While you will be eligible for reinstatement after one year, the process is an arduous and expensive one and there is no guarantee of success. Repeat offenders may lose their license from five years to life depending on the number of priors and other circumstances.

If you are under 21, the zero tolerance policy applies, and you may lose your license for two years on a first offense.

If you are charged with DUI or a related offense, contact an experienced DUI attorney immediately. An attorney can review your case to present the best possible defense and possibly win back your license. The rules on suspensions are very complex and the Secretary of State also has the power to issue a discretionary suspension. As a further complication, the rules are frequently changed, and these changes have made it increasingly challenging to drive at all in the wake of an arrest for driving under the influence.

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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HOW ACCURATE IS THE BREATHALYZER MACHINE?

Posted on January 2, 2014 by mdkeenan

When you are stopped for DUI, the officer might ask you to blow into a portable breathalyzer machine. Depending on that reading, you may be arrested and asked to blow into a breathalyzer at the police station.

Many factors can influence the accuracy of the breathalyzer reading including whether you are diabetic, used mouthwash or regurgitated. But even if none of those many factors are present, the machine’s reading could still be a little bit off.

First, the portable breathalyzer is not considered accurate enough to be used as evidence against you, although it can provide a basis for the police to make the initial arrest.

But even the breathalyzer at the police station is not completely foolproof. In Illinois, police must perform accuracy checks of their machines within every 62 days. The machine is given two tests using a reference sample. If the machine reads within 10% of the reference sample’s alcohol content, the machine can be certified as accurate.

For defendants who are just a tiny bit over the .08 legal limit, 10% can mean the difference between a conviction and a not guilty verdict. For a .08 legal limit, the machine can range from .072 to .088 and still be considered accurate. If your breathalyzer came in at .086, you might have a fightable case.

Portable breathalyzers are also checked for accuracy every 93 days, but again, they may not be used as evidence of guilt.

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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HOW TO CHOOSE A DUI ATTORNEY

Posted on December 16, 2013 by mdkeenan

No matter how great they are, not all attorneys are right for all clients. So how do you choose the criminal defense attorney that will best represent you? Here are some pointers:

1) Communication: This factor would likely be at the top of any client’s list. You need an attorney who will communicate well with you. This does not necessarily mean that your calls are immediately returned every time, although an attorney should not leave clients hanging. But the attorney should answer your questions and explain your options in a way that you understand.

2) Trust: Choosing an attorney can be like choosing a doctor. You need to have confidence in their judgment. If you find yourself constantly second-guessing your attorney, then you may need to find someone else. You should not, however, assume that how you think a case should be handled would actually work in the courtroom. An experienced attorney knows how the justice system really works, which is why you need someone you trust to guide you through it.

3) Personality: While not strictly the most important factor, finding a good fit for your personality can increase your peace of mind. Perhaps you’ve never gotten in trouble before, and you are terrified. A compassionate attorney with a warm and caring manner might work better for you than the more coldly, clinical type. If you are all business yourself, you might prefer a more detached lawyer.

4) Knowledge and Experience: Has the attorney worked on this kind of case before? Does your attorney ask the right questions? Are they knowledgeable about the law and procedure? How about the players in the courthouse? An attorney’s main job is to formulate the best strategy to defend your case. A knowledge of what the prosecutor is likely to offer or how the judge is likely to react can be invaluable when making important decisions such as whether to take a case to a jury.

5) Reputation: An attorney who enjoys a good reputation at the courthouse is more effective. An attorney who is respected and/or liked may get a better deal than one who is rude and does sloppy work.

6) Location: While not essential, it can certainly help to get someone located relatively close to the courthouse. I have an office in Skokie, and so I do a lot of my work at the Skokie Courthouse. But this is not the most important factor. I do work in many other Chicago-area courthouses equally effectively. A conscientious attorney can make a good impression anywhere.

7) Price: This is the least important factor except in terms of your budget. It is possible, although difficult, to find an excellent attorney who charges the bare minimum. Many of these attorneys are only interested in pleaing out your case as soon as possible. They generally will not bother to review the evidence to see if you have a defense. Many times, I have had a difficult second DUI offense with a client because they hired a cheap attorney to plea out a fightable first DUI. Even where a plea agreement is best, attorneys who automatically plea out cases may not get you the best possible deal. A prosecutor has no incentive to give a good deal to an attorney who wouldn’t fight for you anyway. By the same token, the fact that an attorney charges top dollar is not a guarantee of quality. You really need to evaluate each attorney based on the above factors.

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 HE CUT ME OFF!”: THE ILLINOIS LAW ON ROAD RAGE

Posted on December 4, 2013 by mdkeenan

You just saw red. When the other driver cut you off, you got so mad you rammed his car. Now, for that few seconds of road rage, you are charged with reckless driving.

In Illinois, a person commits reckless driving when he or she drives any vehicle with a willful or wanton disregard for the safety of persons or property. Reckless driving is also defined as knowingly driving a vehicle or using an incline in a roadway such as a bridge or hill to cause a vehicle to become airborne. This type of road rage is a Class A misdemeanor, punishable by up to one year in jail and a $2,500 fine.

If you caused great bodily harm or permanent injury or disfigurement, you could be charged with aggravated reckless driving, a Class 4 felony, punishable by 1 to 3 years in prison and a larger fine.

Where the incident involves a child or a school crossing guard, the charges are kicked up a notch. Under these circumstances, reckless driving is a Class 4 felony, and aggravated reckless driving is a Class 3 felony, punishable by 2 to 5 years.

If you left your car to start fighting, other charges such as assault or battery may apply.

If you are charged with some type of reckless driving or road rage, contact an experienced criminal law attorney immediately. Do not discuss your case with police or third parties. Any statements you make could be used as evidence against you or could limit the options for your defense. An experienced attorney will review your case to present your situation in the best possible light. Maybe the incident really was an accident and you weren’t acting willfully. Maybe you were acting in self defense.

Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a better plea agreement that 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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