RECKLESS HOMICIDE IN ILLINOIS

Posted on May 27, 2014 by mdkeenan

You were just joyriding. You knew you were going way too fast in that neighborhood subdivision but it was late at night and you didn’t think anyone was around. But you hit a man walking his dog. Now you are charged with reckless homicide.

What is reckless homicide? What can happen to you? What can you do?

In Illinois, reckless conduct that causes death or great bodily harm is considered involuntary manslaughter, even if your actions were otherwise lawful. But if your conduct involved a car, a snow mobile or a boat, you may be charged with reckless homicide. The definition particularly includes unintentionally killing someone by using a ramp to cause your vehicle to become airborne.

Both reckless homicide and involuntary manslaughter are Class 3 felonies, punishable by 2 to 5 years in prison. Reckless homicide can be upgraded to a Class 2 felony under certain circumstances. If your conduct a) killed a police officer in performance of his or her duties, b) involved children in a school zone, c) took place in a construction zone, d) disobeyed a police officer’s lawful order, or e) involved an emergency vehicle, your prison term can range from 3 to 14 years. If you kill more than one person in the same act, your sentence can be doubled from 6 to 28 years.

Generally, the prosecution must prove you guilty of all the elements of a crime beyond a reasonable doubt. The elements of reckless homicide are when 1) a person 2) unintentionally kills an individual 3) without lawful justification 4) if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and 4) he performs them recklessly. A judge or jury may infer the fourth element if the prosecution proves you drove more than 20 miles over the speed limit in a school or construction zone or failed to yield to an emergency vehicle.

If you are charged with reckless homicide, contact an experienced criminal or traffic law attorney immediately. An experienced attorney can evaluate the evidence to help determine your best defense. Can the prosecution prove all the elements of the crime? Can they prove you drove the vehicle? Were your actions justified? Even if the evidence against you is overwhelming, an experienced attorney who is respected in the courthouse may 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.

Source: Illinois Reckless Homicide Statute.

(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 THEY SEARCH MY STUFF IN SOMEONE ELSE’S CAR?

Posted on April 28, 2014 by mdkeenan

You were a passenger in a friend’s car. You had your suitcase in the backseat. Your friend got pulled over by police, and police searched your bag and found drugs or weapons.

Can the police search your bag if you don’t own the car? What can you do?

Whether police can search your belongings in another’s car without a warrant turns on whether you had a reasonable expectation of privacy in the car or your bags. To determine whether you can challenge a search, the court weighs several factors including:

1) Do you own the car?

2) Do you have control of the car or a right to exclude others from using it?

3) Are you legitimately in the car yourself? If you stole the car, you would not have a right to prevent a police search of your belongings.

4) Do you have a subjective expectation of privacy in the car?

5) Have you previously used the area that was searched?

In general, passengers do not have a reasonable expectation of privacy in a car they don’t own, but may still have privacy rights in their own belongings. However, the court has found a privacy right where the passenger was given the keys to the car or was on a long road trip and stored their belongings in the car.
If you had a reasonable privacy expectation in the car, you may be able to challenge the search and any evidence that was seized. If you are charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for the best possible defense and petition the court to suppress the results of any illegal search.

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.

Resource: People v Ferris.


(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 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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