“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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IMPROPER LANE USAGE IN ILLINOIS: A PATH TO DUI

Posted on December 31, 2012 by mdkeenan

After a few drinks at a party, you were driving home listening to your favorite CD, when you heard the siren behind you. The police pulled you over because you had crossed momentarily into the adjoining lane. Once stopped, the police smelled alcohol on your breath, and now you are charged with DUI.

Did the police have probable cause to stop you? What can you do?
Improper lane usage is one of the most common violations used to pull over drunk drivers. Even if you only briefly crossed the line, the police may have the reason they need to stop you. Illinois law (625 ILCS 709) requires that where a roadway is divided into two clearly marked lanes, a driver must stay as nearly as practicable within a single lane. Recent case law has held that even a brief crossing into the next lane is probable cause, and your crossing need not be a danger to others.

If you are charged with DUI, contact an experienced attorney immediately. An attorney can evaluate your case for the best possible defense. Illinois law requires that you stay in your lane if practicable. Maybe the road was in bad shape and you were weaving to avoid potholes. Maybe a review of the squad video from your stop will show that your driving was not impaired. Plus an early call to an attorney increases the chance that you can avoid the suspension of your driver’s license.

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 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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WHAT ARE THE PENALTIES FOR DUI?

Posted on December 11, 2012 by mdkeenan

Depending on the level of your offense, the penalties for DUI can range from an expensive and painful slap on the wrist to years in prison.

Unless you are found not guilty, many DUIs result in a conviction. Only a first time DUI is eligible for supervision. Supervision is an administrative warning. Unlike many other criminal offenses, however, a supervision for DUI cannot be expunged. In other words, you cannot petition to have it erased from your criminal record.

Other penalties for DUI include:

1) Community service: The number of hours may depend on the offense. If you are sentenced to the Sheriff Work Alternative Program (SWAP), you will be expected to perform a certain number of hours doing what is usually strenuous work. Often, you may be picking up trash off the highway. SWAP usually starts very early in the morning, and if you are even a minute late, you may be forced to come back another day. In limited cases, a judge might allow you to perform community service at a charity of your choice.

2) Fines: Class A Misdemeanors (most first offenses) can be fined up to $2,500. If your DUI is upgraded to a felony, the fines can range up to $25,000.

3) Classes – All DUIs are required to get a court-ordered evaluation. Depending on the level of severity indicated in the evaluation, you will be ordered to take alcohol treatment classes or possibly go to rehab. Some levels require inpatient care. These classes and treatment can be expensive.

4) Supervision fees – if you do get supervision, you are required to pay a monthly fee for the term of your supervision, around $50 a month, or $600 for a year.

5) License suspension – You will not be able to drive. The length of the suspension depends on a variety of factors: Did you take the field sobriety tests? Did you have prior DUI-related offenses? Was anybody injured? Unless an attorney can get your automatic suspension overturned, you could lose your license for 6 months to years on end.

6) Licensing fees. To get your license reinstated, you must pay a fee to the Secretary of State. More severe suspensions or revocation of your license can require you to petition the Secretary of State to get your license back. This can be expensive, result in legal fees, and there is no guarantee you will get your license back in the first few attempts. Some people never regain their driving privileges.

If you are charged with DUI or a related offense, contact an experienced DUI attorney immediately. An attorney can review your case for the best possible defense. Did the police have probable cause to stop you? Can the state prove beyond a reasonable doubt that you were too impaired to drive? Even if the evidence is overwhelming, an attorney respected in the court house can often 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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PUT AWAY THAT PHONE!: NEW ILLINOIS TRAFFIC LAWS ON TEXTING AND PHONING

Posted on November 26, 2012 by mdkeenan

While Illinois has not completely banned cell phones while driving, new laws are limiting when and where you can use them. The new laws target hand-held devices.

As of January 1, 2013, you may not use a hand-held device within 500 feet of an emergency scene, such as where lights are flashing. You must also beware if you see signs of an approaching construction or maintenance speed zone. However, the new laws do make an exception for voice-activated devices, and you can text or phone while stopped in traffic if your transmission is in park or neutral.

Also as of January 1, 2013, drivers of commercial vehicles may not text or use a hand-held phone while driving, even when stuck in traffic or at a light. You must pull off the road to use your device.

One exception to these laws is that you may use your device to contact emergency personnel or law enforcement, even while driving.

In most cases, a violation of the new law is a petty offense, punishable by a fine. Commercial driver’s license holders should also beware that a conviction could hurt their driving privileges.

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.
Sources: 625 Illinois Compiled Statutes (ILCS) 5/11-605.1, 625 ILCS 5/12-610.1, 625 ILCS 5/12-610.2


(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 DROVE ANOTHER CAR!”: WHEN YOU HAVE VIOLATED YOUR MONITORING DEVICE DRIVING PERMIT (MDDP)

Posted on November 5, 2012 by mdkeenan

As a first time DUI offender, you were eligible to receive a Breath Activated Ignition Interlock Device (BAIID) under an MDDP. You paid your fees and had the device installed. Generally, you take your own car and blow into the device.

But this particular day, your car wasn’t working, so you took someone else’s. Or maybe you had a few beers, so you used your friend’s car instead. Unfortunately, the police stopped you and you are now charged with violating your MDDP.

What can happen to you? What can you do?

If you have an MDDP and you drive or you are in physical control of a car that is not equipped with a BAIID, you can be charged with a Class 4 felony, punishable by 1 to 3 years in jail with a minimum sentence of 30 days. (625 ILCS 5/6-303(c-4). Even if you don’t have an MDDP, but you were eligible for one, you can be charged with a Class 4 felony. (625 ILCS 5/6-303(c-3). (If you were not eligible for an MDDP, then a first-time driving under a suspended license is a Class A Misdemeanor, punishable by up to one year in jail and a minimum of 10 days imprisonment or 30 days community service.)

Any violation of the MDDP is a separate offense from your DUI. As well as receiving penalties for the new charges, you could be resentenced under the original DUI for violating any related court orders.

Violating your MDDP agreement can also increase the time your driver’s license is suspended.

If you are charged with violating your MDDP, contact an experienced criminal law attorney immediately. An attorney can evaluate whether you have a defense. Did the officers have probable cause to stop your car? Were you in actual physical control of the car?

If you do have an MDDP, you must be particularly careful to follow its rules. These include taking the car in for retesting and keeping a journal to explain if you blow over the .025 limit on the device. For more information, see our related post: Illinois Driving Permits for DUI Offenders.
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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BE CAREFUL WHAT PEOPLE CAN SEE IN YOUR CAR! THE PLAIN VIEW EXCEPTION TO POLICE SEARCHES IN ILLINOIS

Posted on October 15, 2012 by mdkeenan

You ran a red light when the police officer pulled you over. After making the stop, the officer noticed some spoons and straws sticking out of your visor. The officer opened the visor. As it turns out, you stashed a little cocaine up there too. Now you are under arrest.

Can you fight the results of the search?

In Illinois, the police generally need a warrant to search you, your home or your car unless they spot evidence in plain view. The police must be somewhere they have a right to go. They cannot barge into your bedroom and look around. But if they stop you for speeding and notice a bag of pot on the front seat of your car, the police may have grounds to search.

While courts usually find a reason to uphold a search, not everything a cop does is permitted. In a recent Illinois appeals case, the officer stopped a defendant for throwing a can out his car window. When the officer ordered the defendant out of the car, she noticed a knotted plastic baggie sticking out of his pocket. The baggie turned out to contain drugs. Nevertheless, the appeals court held that spotting the baggie did not justify the search.

The court noted that objects such as spoons, straws, mirrors and baggies are often used in drug dealing. Allowing police to search based on the presence of one of these items would lead to the type of random searching forbidden by the Constitution. The police have a basis to search only if the incriminating nature of the baggie or spoon is immediately apparent, for example, some of the powder is visible in the baggie.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. If the officer’s search is questionable, an attorney may be able to bring a motion before the judge to have the results of the search thrown out.

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: People v Cesar Garcia.


(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 AUTOMATIC DRIVER’S LICENSE DUI SUSPENSION IN ILLINOIS: THE 31-DAY NO-DRIVING WINDOW

Posted on September 18, 2012 by mdkeenan

(UPDATE: As of January 1, 2016, the 31-day window has been abolished.)

When you are charged with DUI in Illinois, the Secretary of State automatically suspends your license. The suspension starts on the 46th day after your arrest and can last six months, a year or even longer (especially if you don’t pay the reinstatement fee).

If this is your first DUI, you may qualify for a breath-activated ignition interlock device (BAIID), which will allow you to keep driving as long as you breathe cleanly into the device in order to start your car. But even if you qualify for a BAIID, Illinois law specifies that you cannot use it until the 31st day of your suspension.

Therefore, you have a 30 day-window, starting on the 46th day after your arrest, where you absolutely cannot drive.

But there may be one thing you can do. If you are charged with DUI, it is imperative that you consult an experienced DUI attorney immediately. An attorney can file a petition seeking to overturn the driver’s license suspension. If the petition is granted, then you will not lose your driving privileges. While the petition may be a long shot, the odds of success depend on you getting in as soon after your DUI arrest as possible.

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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BE CAREFUL HOW YOU APPROACH THAT DUI POLICE CHECKPOINT

Posted on September 13, 2012 by mdkeenan

Illinois police are allowed to set up roadblocks to catch drunk drivers within certain guidelines. The checkpoint can only be minimally intrusive to the driver, it must look official, and it must follow police department rules.

But even if your car was not selected for a stop, police can still pull you over if they reasonably suspect you of criminal activity. And that criminal activity can be as simple as driving too fast through the checkpoint.

In a new Illinois Appeals Court case, police stopped every third car at a DUI checkpoint. The defendant’s car was not among those selected, but the officer thought he was driving too fast and motioned for Defendant to slow down. People v Clements. The Defendant thought he had been asked to stop and so he parked within the checkpoint area. The officer, suspecting the Defendant of drinking, asked that he perform certain tests which led to the Defendant’s DUI arrest. The Appellate Court upheld the officer’s handling of the case.

If you are stopped near a roadblock, even though your stop is not part of the roadblock, the State must prove that the officer had a reasonable suspicion of criminal wrongdoing based on specific and articulable facts. An officer cannot pull you over because he had a hunch or because you look “like a criminal.”

If you are charged with DUI, contact an experienced DUI attorney immediately. An attorney can review the case to see if the police had a valid reason for stopping you. In some cases, an attorney can bring a motion to suppress the evidence against you and maybe even get the case dismissed. Even if the police had that reasonable suspicion to stop you and the evidence against you is overwhelming, an experienced attorney respected in the courthouse can often obtain a better plea agreement than you might negotiate on your own.

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.

(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 SUPREME COURT CASE DEFINES PARENTAL EXCEPTION TO UNDERAGE DRINKING

Posted on August 27, 2012 by mdkeenan

As most of us know, the drinking age in Illinois is 21. Parents who are social hosts of underage drinkers or establishments that provide alcohol to those under 21 can face criminal penalties.

But there is an exception to that rule. Under Illinois law, parents can allow their underage child to drink alcohol for religious purposes or under the parent’s direct supervision and approval in the privacy of their home. 235 Illinois Compiled Statutes 5/6-20(g).

A new Illinois Appellate case defines the terms of that supervision, People v. Haase, 2012 IL App (2d) 110220. In People v Haase, the parents of the defendant allowed their son to have a glass of wine-cooler punch to celebrate his obtaining a G.E.D. Their son then left the home to help a friend, at which time he was arrested for underage drinking and sentenced to one year of supervision.

The State argued that the parents were responsible for supervising their son until the effects of the alcohol wore off. The Court disagreed. Under the language of the statute, parents need only supervise the actual drinking of the alcohol and not the after-effects.

Before you break out that bottle of champagne, however, you should check the laws of the municipality where you live. Some municipalities such as Skokie and Wilmette do not allow your child to leave your home while still under the influence. Whether the new case will supersede these municipal laws is yet to be determined.

If you are charged with an underage drinking offense, contact an experienced criminal law attorney immediately. An attorney can evaluate your case for the best possible defense. Even if the state has overwhelming evidence against you, an attorney who is respected in the courthouse where you must appear 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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