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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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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“HOW DID I DO?”: EVALUATING DUI VIDEO EVIDENCE

Posted on November 13, 2013 by mdkeenan

Many police department, including Chicago, Niles, Morton Grove and Skokie, require police to video traffic stops if their car is equipped with a camera. The video should be the most accurate record of how you performed on field sobriety tests. At times, the video even captures your driving before the police pulled you over.

When there is a video, your defense attorney will review it to see whether you have a good chance of winning at trial. Sometimes on a first offense, the video evidence can help the attorney win a motion to undo the Secretary of State’s summary suspension of your driver’s license.

So how do you know how well you did?

First, we look at any driving captured on the video. Were you crossing the lines? Did you swerve over two lanes to make a left turn? Were you driving the wrong way down a one way? Did your driving seem slow and unsteady?

If you took field sobriety tests, the officer generally starts with the Horizontal Gaze Nystagmus test (HGN), which involves following an object like a pencil from side to side with your eyes. You cannot really evaluate how you did through a video, and fortunately, the courts do not tend to rely on this test. The officer, however, will look to see if your eyes are bobbing up and down as they follow the pencil.

The next test is usually the Walk and Turn. Most officers will demonstrate what they want you to do. Generally, you have to walk a straight line heel to toe for 9 steps, turn around with small steps, then walk back 9 steps. For this, we look at how well you followed directions. Did you take the correct number of steps? Did you walk heel to toe or as you would normally? Were you putting your foot down to catch your balance or failing to walk a straight line?

The final test is generally the One-Leg Stand. Here, you have to raise your foot about six inches off the ground with your arms pinned to your sides, and then count to 30, which can be a lot to remember while under stress. For this, we look at how long you kept your foot up. How many times did you put it down? Were your arms flailing to catch your balance instead of staying at your sides?

If your tests went well, there is a good chance you could win a not guilty verdict at trial. Even if they were poor, however, not all is lost. There are many factors that can influence how well you did. Were you wearing high heels? Was it cold outside? Do you have a condition that makes it difficult to walk or keep your balance? Did the officer demonstrate the tests? Did they have a reason to stop you in the first place?

If you are charged with DUI, contact an experienced DUI attorney immediately. Do not discuss your case with others or police. Just like in cop shows, any statements you make can be used against you. An experienced attorney can review your case for your best possible defense. In appropriate cases, an attorney may even get a field sobriety test or breathalyzer thrown out along with the charges against you.

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 information, see our related blog: Can you Fail Field Sobriety Tests Even if You Are not Intoxicated?.

(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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BECAUSE THEY CAN: THE SECRETARY OF STATE’S DISCRETIONARY POWER TO SUSPEND YOUR LICENSE

Posted on October 22, 2013 by mdkeenan

We can all agree that the Secretary of State has a valid interest in keeping the roads safe. As part of that interest, Illinois law has given the Secretary of State broad power to suspend a person’s driver’s license for a DUI-related offense in two ways.

First, the mandatory driver’s license suspension generally takes place 46 days after you are charged with DUI. If you get an attorney promptly, that attorney may ask the court to overturn your suspension and you can continue to drive if the attorney succeeds.

Even where the court has ordered your suspension rescinded, however, the Secretary of State has a second way of suspending your license: the discretionary suspension. While in my practice, I can count on the fingers of one hand the number of times I have seen this happen, the list of reasons the Secretary of State can suspend you is seemingly endless, containing no fewer than 46 sections, and not all of them are related to DUI.

Just a few examples are:
1) you have had three traffic offense convictions in 12 months;
2) you’ve had repeated traffic accidents;
3) you allowed someone to fraudulently use your driver’s license or you lied when getting a license;
4) you fled police;
5) you fled the scene of an accident;
6) you were convicted of illegal possession of a controlled substance while driving;
7) you had an accident while driving under the influence that caused serious injury;
8) you had two or more DUI convictions in one year;
9) you are under 21 and zero tolerance laws apply.

The Secretary of State may exercise this discretionary suspension without a preliminary hearing provided there is sufficient evidence that you have committed the offense. The Secretary of State must notify you of the suspension, and you may be able to request a hearing. In certain circumstances, you may be eligible for a restricted driving permit. This system is in place as a sort of catch-all, and judges lack jursidiction to deal with these issues in court.

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 further information, see 625 ILCS 5/6-206.


(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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DRIVING UNDER THE INFLUENCE OF CANNABIS OR DRUGS IN ILLINOIS

Posted on October 9, 2013 by mdkeenan

In Illinois, there are several ways of charging you with driving under the influence of marijuana or cannabis. With one exception, however, the state may have difficulty proving you were actually impaired.

If you were driving after smoking pot you can be charged with:
1) Driving under the influence of an intoxicating compound.
2) Driving under the influence of any drug or combination of drugs.
3) Driving under the combined influence of alcohol and another drug.
4) Driving while there was any unlawfully consumed drug such as cannabis or methamphetamine in your system.

Except for the last charge, the state must prove beyond a reasonable doubt that your driving was impaired and unsafe. Unlike a DUI based on alcohol, however, there are no hard and fast rules, such as the .08 breathalyzer, to demonstrate impairment. For this reason, the state must rely on an officer’s experience and any evidence of impairment such as the field sobriety tests. In many cases, that may be tough. If you didn’t perform the one-legged stand and walk-and-turn tests, it may be tougher. Plus, in order to give an opinion on your impairment, the officer must have enough experience and training to be qualified as an expert.

The last charge mentioned above, however, requires no proof of impairment. If you are charged under 625 ILCS 5/11-501(a)(6), then the state need only show that you had some trace of an unlawfully consumed substance in your system. When a serious accident is involved, any trace of cannabis or other drug in your system is enough to convict you, even if you actually took it days before. See our related blog: Illinois Supreme Court Case Toughens Driving While Under the Influence of Drugs.

If you are charged with driving under the influence of cannabis, another drug or a combination of drugs and alcohol, contact an experienced DUI lawyer immediately. An experienced attorney can review your case to determine the best possible defense. Did the officer have probable cause to stop you? How strong is the evidence of impairment? Even if the evidence 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 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 THEY REALLY STOP ME FOR THAT?” OBSTRUCTED WINDSHIELDS, IMPROPER LICENSE PLATE DISPLAY, AND OTHER MINOR OFFENSES

Posted on September 23, 2013 by mdkeenan

UPDATED July 25, 2023:  As of January 1, 2024, police will no longer be able to stop you for something hanging from your front windshield.  While you may not drive a motor vehicle with any objects suspended between  you and the front windshield which would materially obstruct your view, an officer can not stop or search you solely on that basis.  

Before you can be apprehended for DUI, police need a reasonable suspicion to stop your car. Of course, if you are weaving all over the road, driving the wrong way up the highway, or blowing traffic lights, the police have all the probable cause they need.

But what if your driving really isn’t that bad, and what draws their attention is that air freshener hanging from your rearview mirror, or taking too long to move off a green light? Is that enough? For the most part, yes.

In Illinois, even some of the most trivial traffic offenses can give police the reasonable suspicion of wrong doing required to perform an investigatory stop. In some cases, the behavior does not even violate Illinois law. Courts have upheld stops for:

1) Objects hanging from the rearview mirror like an airfreshener or bandana where police have a reasonable belief that the object constitutes a material obstruction.

2) Improper display of license plates where defendant had tinted plates or had posted his plate in his rear window.

3) Sitting 20 seconds or more at a green light.

4) Failing to stop completely behind the stop line at a red light

5) Stopping on the shoulder of the road with the emergency lights activated.

6) Driving away from a police roadblock.

If you are stopped for a minor offense that escalates into a DUI, contact an experienced DUI attorney immediately. An attorney can review your case for your best possible defense. Maybe the officer lacked a reasonable basis to believe that cross hanging from your mirror really obstructed your view. Even if the stop is valid, the state must still prove you guilty of the DUI beyond a reasonable doubt. It may be harder to prove you were impaired if bad driving wasn’t the reason you were stopped.

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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