WHY HASN’T MY ILLINOIS DUI BEEN DISMISSED WHEN THE COP IS NOT IN COURT?

Posted on May 20, 2013 by mdkeenan

You were charged with DUI, and you’ve been to court maybe six times. Not once have you seen the officer who arrested you. Meanwhile, you’ve watched other cases get dismissed because a witness or even an officer didn’t show. Why are you still here?

In Illinois, DUI cases are handled a little differently from some other criminal cases. While you may not see your arresting officer until your trial date, the judge still requires you to show month after month. If you fail to appear, the judge can put out a warrant for your arrest.

Why the difference? Partly out of respect for the demands of a police officer’s job and partly due to issues related to the burden of proof.

For most criminal cases including DUI, the state must prove you guilty beyond a reasonable doubt. That generally means the state needs a witness to your alleged crime. For many crimes, the witness is a third party such as the victim of a battery or perhaps a store security officer on a retail theft. If your DUI involved a car accident, the witness may be the other driver. If this third party failed to show in court, then the state would not be able to meet its burden of proof, and the case would likely be dismissed.

But for many DUIs, the arresting officer is the witness. So why don’t they have to appear? The answer is judges have respect for officers and the demands of their jobs. The officer may have worked all night, or the officer may be tied up in an investigation. There is also no good reason to force an officer to show up for routine court dates where the case might simply be set for status or for you to get the results of your alcohol evaluation.

Please note, however, that the officer’s presence may be critical if you have filed a petition to rescind the statutory summary suspension. If the officer does not appear, the state may be compelled to rescind your suspension under some circumstances.

Once the case is set for trial, the officer must come. Even then, a judge out of deference may continue the case if the officer can’t be there one or more times.

One exception is for routine traffic violations, which judges prefer to resolve quickly. Technically, your first court date can be the trial date so a missing officer lead to a dismissal.

One way to shorten the number of continuances is for an attorney to demand trial. Under the speedy trial act, the state has a certain number of days to try your case or your case must be dismissed. But this option may sound like a no-brainer, delays can work in your favor. Whether to demand trial is a strategic decision that must be weighed carefully with your attorney.

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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WHY YOU SHOULD FIGHT YOUR ILLINOIS DUI–EVEN IF YOU LIVE OUT OF STATE

Posted on April 29, 2013 by mdkeenan

Back in the early United States, if you didn’t like the person you married, you could simply move to another state and marry someone else. No one would ever know.

But the world has changed a lot since then. Technology has made it possible to keep tabs on you—and your driving record. So while it may be tempting to ignore those DUI charges you picked up one weekend in Chicago, an Illinois DUI can still affect your license where you live.

For starters, many states such as Illinois belong to the Interstate Drivers License Compact. Under the Compact, Illinois could report any conviction involving a motor vehicle to the licensing authority in your home state. If you blow off the Illinois DUI, you will be convicted in your absence, and your home state could be notified. Depending on your state, you could lose your license.

Even if you come to court, you should consult an experienced DUI attorney who will look for ways to defend your case. If the attorney wants to “just plea it out” without thoroughly evaluating your situation, you should find someone else. A plea of guilty could have a major effect on your home state driver’s license.

Illinois does offer “supervision” to many first-time DUI offenders, which is technically not a conviction. So why not plea out for that? Because it’s just not that simple. Your home state may still interpret your Illinois supervision as a conviction for their purposes. In other words, you could find yourself with a revoked license at home while still able to drive in Illinois.

Of course, sometimes you may not have much choice. Depending on the facts of your case, supervision may be the best you can do. Even so, it’s best to find an attorney who will carefully weigh your options and take a plea on your case only as a last resort.

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 our related post, see I Have an Illinois DUI, But I Live Out of State. Do I Have to Deal With It?”.

(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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THEY TESTED MY BLOOD? CAN I STILL DEFEND MY ILLINOIS DUI?

Posted on April 16, 2013 by mdkeenan

You thought you were driving just fine, even after a few beers, but then you got into a car crash. You were injured and taken to the hospital. Police asked if they could test your blood for alcohol, and you agreed. The test came back over the legal limit, and now you are charged with DUI.

Can you still defend your case?

The answer in certain circumstances is yes. Depending on how your blood was drawn and what happened to the sample, you may be able to get the results kept out of evidence.

When you consent to a blood test (as opposed to when blood is taken for emergency purposes), the police must ask hospital personnel to draw the sample. Only doctors, registered nurses, certified paramedics or phlebotomists can take the sample. An officer must be present at that time. The sample is then labeled and sealed in a kit. The officer and hospital personnel must initial the seal. These procedures, known as the chain of custody, help guarantee that the sample was not tampered with in some way. Even if the chain of custody is intact, the blood sample must be protected from deterioration.

A defense attorney can fight your test results if the chain of custody has been broken or the attorney can show that the sample is no longer reliable. What if the person taking your blood sample was a physician’s assistant and not the required personnel? What if the seal is unsigned or broken before it got to the lab? What happened when the sample left the hospital? Was it left sitting out in the heat?

Even if the attorney cannot get the blood results thrown out and the evidence against you is overwhelming, an experienced attorney respected at the courthouse may be able to obtain 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.
See our related post: Can They Take My Blood? Your Rights and DUI Blood Testing.


(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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THE CHARGE OF BAC EXCEEDS 0.08 IN ILLINOIS

Posted on March 31, 2013 by mdkeenan

Your driving was actually just fine, but your breathalyzer was well over the legal limit. Or maybe you swerved all over the lane, but you only blew a .04. Either way, you can be found guilty of DUI.

How can that happen? What can you do?

In Illinois, you cannot operate a motor vehicle if 1) you are under the influence of alcohol or 2) your breath or blood alcohol content (BAC) exceeds .08. Although you can only be convicted of one crime, these are two separate offenses, and you can be guilty of one but not the other. In other words, you could still be driving under the influence even though your blood alcohol was well under the legal limit. Or your alcohol tolerance could be terrific, but you could still be convicted of DUI because your breathalyzer was too high.

If you are stopped for DUI and have reason to believe you’ve had too much drink, it may not be a good idea to perform the field sobriety or breathalyzer tests. These tests can give the police enough evidence to prove that you were too drunk to drive. Blowing over .08 may give you a conviction for DUI even if your driving looked good, and even if you performed your field tests like an acrobat. Be advised, however, that refusing the tests can double the length of time for which the Secretary of State automatically suspends your license.

If you are charged with DUI, contact an experienced attorney immediately. An attorney can review your case for the best possible defense. In Illinois, you are presumed to be under the influence if you blow over a .08, but this is only a presumption, which an attorney can try to reverse. Maybe your driving was really steady, your speech was clear and your walk was normal. Maybe you’re not guilty of DUI.

But you could still be convicted for exceeding the legal limit. If you did blow over .08, an attorney can look at whether the police had probable cause to ask you to take the breathalyzer or even stop you in the first place. In limited circumstances, an attorney can ask for a dismissal when police failed to follow procedures.

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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I WON MY ILLINOIS DUI. CAN I DRIVE?

Posted on March 11, 2013 by mdkeenan

You fought your DUI, and you won. You figured that meant you were OK to drive. But you got pulled over by the police, and now you have been charged with driving on a suspended license.

How did that happen? What can you do?

In Illinois, it is important to understand that DUI law operates on two levels: judicial and administrative. Or in other words, you must deal with both the Court and the Secretary of State. A positive outcome in one does not necessarily affect the other.

When you are stopped for DUI, the Secretary of State issues a mandatory suspension of your driver’s license that generally begins on the 46th day after your stop and can last 6 months to a year or more. At times, it is possible to overturn this suspension. See our related post at Can I Drive? Getting Rid of Your Illinois Secretary of State Mandatory Suspension. At times, you may be eligible for a breath activated interlock ignition device (BAIID). See related post at Illinois Driving Permits for DUI Offenders.

In either case, you might assume that if you are not guilty of DUI, that your suspension or your BAIID requirement will simply go away. Unfortunately, that is not the case. If your driver’s license is suspended, you must first get your license reinstated with the Secretary of State.

Therefore, you must not drive until your license is reinstated. In some cases, that may be as simple as paying a fee at the end of the suspension. In others, you may have to apply for a hearing with the Secretary of State. You should consult an attorney before attempting to resolve the situation on your own. A first time driving under a suspended license due to an underlying DUI carries with it a minimum 7 days in jail or 30 days community service.

If you are charged with driving under a suspended license, consult an experienced DUI attorney immediately. Sometimes, an attorney can help you clear up your underlying suspension in order to get a more favorable result in the newer case.

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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LEAVING THE SCENE AND DUI: A TOXIC COMBINATION

Posted on February 24, 2013 by mdkeenan

You stayed too late at the party and drank too much. On the way home, you heard a thud. You’re not sure what you hit, but you panicked and fled. Somehow the cops figured out where you lived, and you’re now charged with DUI and Leaving the Scene.

What can happen to you? What can you do?

If you are involved in an accident, Illinois requires that you stay at the scene, file a police report and/or call for assistance. In accidents involving injury or death, a failure to stop can lead to a Class 4 felony, punishable by one to three years in prison. If you also fail to file a police report, you may be charged with a Class 2 felony, punishable by 3 to 7 years. If the other party died, you are now subject to a Class 1 felony, punishable by 4 to 15 years. When the accident only involves property damage, you may still be charged with a Class A misdemeanor, punishable by up to one year in jail plus a fine.

Add alcohol to the mix and what might have been a simple first time DUI could become an Aggravated offense , a Class 4 Felony on top of your Leaving the Scene penalties. See our related post at: Aggravated DUI in Illinois: Definition, Punishment and Defense.

If you are charged with Leaving the Scene and/or DUI, contact an experienced attorney immediately. An attorney can review your situation for your best possible defense. As with most criminal charges, the state must prove you guilty beyond a reasonable doubt. Can the State show you were the one driving? Or that you were under the influence at the time of the accident? Did you wait to drink until after you arrived home?

Although running away might help you with this type of defense, it is NEVER a good idea to leave the scene. Judges particularly dislike these types of cases, and many will look harshly on any Defendant who flees.

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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COOK COUNTY CIRCUIT COURT ALERT: NEW CELL PHONE BAN

Posted on February 18, 2013 by mdkeenan

Cook County Circuit Court has a new security rule at the courthouse.

As of April 15, 2013, visitors to any Cook County Courthouse other than the Richard J. Daley Center can no longer bring in cell phones or electronic communications devices. The ban prohibits cell phones, laptop computers, smart phones or any other device capable of connecting to the internet. Anyone found in violation of this rule can be held in contempt of court. For more information, see our related website page on court appearances: Court Appearances and see the Cook County Courthouse website: Electronic Communication and Internet Devices Banned from All Circuit Court of Cook County Courthouses Except Daley Center.

There are exceptions. Attorneys, judges, persons with disabilities, news media, vendors, repair people and law enforcement are among those allowed to bring in such devices provided they can show proper identification. You may also bring in your phone if you are involved in a domestic violence situation.

The new rule goes into effect April 15, 2013. Judge Timothy Evans explained that the ban was in response to judges’ concerns that cell phones were used to improperly photograph witnesses, jurors and judges. Panic in the Court!. Cell phones were also used to transmit judge’s comments or witness testimony to those outside the courtroom. Potential witnesses are often excluded from the courtroom while others are testifying in order to prevent influencing their testimony.

DuPage County already bans cell phones or communication devices in the courthouse. Lake County allows you to bring in your phone but not to use it in the courtroom.

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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THE POLICE NEED A REASON TO STOP YOU: ILLINOIS LAW ON ARRESTS

Posted on February 4, 2013 by mdkeenan

You really hadn’t done much. You and your friend were parked side by a side in a deserted lot. You handed a small package to your friend, and he pulled off. Next thing you know, the police blocked your car. After a search, they found your secret stash of marijuana and maybe a little cocaine.

Can they arrest you? What can you do?

Under the Fourth Amendment, police can search you without a warrant as long as they have a reasonable, articulable suspicion of criminal activity. In other words, the police cannot search you based solely on a hunch or feeling. They must point to specific facts that made the officer reasonably believe before the search that you were committing a crime. The fact the officer found the drugs on you does not retroactively justify the search.

Whether the Court believes a search is justified depends on all the facts of the situation. Were you in a high crime area? Did the officer see you exchange something that looked like drugs? Was the area under surveillance? Had the officer received a tip that a drug deal was about to take place? Were you acting nervous? Could your conduct be explained in some other, more innocent way? Maybe you were just shaky because it was cold, or perhaps you were returning a lost item to your friend.

If you are arrested after a search, contact an experienced criminal law attorney immediately. An attorney can review the facts of your case to see if there is a basis to ask the Court to suppress the evidence from an illegal search.

If you have questions about this or another related criminal, DUI or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

For more information, see our related post at Can the Police Search My Car? Your Rights During a DUI Stop. For an interesting Illinois case, see: People v Petty

(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 HAVE AN OPEN DUI CASE FROM YEARS AGO”: CLEARING UP AN OLD DUI IN ILLINOIS

Posted on January 22, 2013 by mdkeenan

Many years ago, you were stopped for DUI. At the time, you were unwilling to deal with the problem, so you simply blew off court or maybe you went to Court but didn’t complete the treatment or pay the fines. Now, you are older and wiser and ready to face the issue.

Can you go back and resolve the old case? How?

You may be able to clear up an old DUI, but it will take some time and effort. The case should still be open—in other words, you did not plead guilty, go to trial or finish the terms of your sentence.

If you wish to get closure on an old case, your best bet is to contact an experienced DUI attorney. The process can be tricky, and you will need a navigator. For example, if you didn’t show up for court, there might be an outstanding warrant for your arrest. An attorney can work to get the warrant put aside.

In clearing an old DUI, the first step is to ask the Court to reinstate your case on the docket and to vacate any warrants the judge might have issued in your absence. An attorney can petition the court for this on your behalf.

What happens next depends on where the case left off. If you simply stopped showing up for court, you may have to go through the whole process, beginning with obtaining an alcohol or drug evaluation to determine what treatment level you may require. An experienced DUI attorney who is respected in the courthouse may then be able to work out a more favorable plea agreement than you could on your own. Under certain limited circumstances, you may even be able to take the case to trial.

If you either pled guilty or were convicted and failed to fulfill the terms of your sentence, the court may give you time to complete the classes, community service or fines.

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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“SOMEONE TOLD THE POLICE I WAS DRUNK!”: WHEN YOU ARE STOPPED FOR DUI BASED ON A TIP

Posted on January 14, 2013 by mdkeenan

You had a few drinks at the bar over the course of a few hours. You hadn’t broken any laws on your way home, but the police stopped you and arrested you for DUI. Turns out someone from the bar had called the police to say that you were drunk.

Can you fight the arrest?

Police are allowed to stop drivers based on information received from a third party. However, that information must have some indication of reliability. The officer should consider who the informer is, what they know and how they know what they know. Is the informer a concerned citizen or someone with something to gain? Informers who provide specifics stating what a defendant will do, for example, defendant will leave apartment at 123 Main Street in blue Chevy SUV at 9 p.m. and go to City Park to deliver drugs, are considered to have inside information, and thus may be more reliable.

An anonymous informer is generally considered less reliable, and so, an officer should try to corroborate any tips. While this practice is somewhat relaxed in drunk driving cases, an officer should still attempt to corroborate the information, for example, by following a DUI suspect’s car. In one Illinois case, the court threw out a DUI arrest where the officer had received an anonymous tip, but the officer had not witnessed any driving and arrested the defendant who was parked in a convenience store lot. (People v Smulik). (UPDATE: An April 22, 2014 Supreme Court decision held that an officer need not observe suspicious conduct before making the stop. See our related blog: New Supreme Court Law on Anonymous Tips and DUI.

If you are charged with DUI, contact an experienced attorney immediately. An attorney can review your case to present the best possible defense. Did the officer have probable cause to stop you? Could the officer rely on the informant’s information? Did the officer observe impaired driving? In some cases, an attorney can petition the court to have the arrest 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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