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 If you have been revoked, an attorney can help present you and your case in your best possible light.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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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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