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Even where the court has ordered your suspension rescinded, however, the Secretary of State has a second way of suspending your license: the discretionary suspension.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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BUT IT’S MY FIRST DUI! DOESN’T THAT MATTER?

Posted on September 16, 2013 by mdkeenan

You’ve never been in trouble before. This DUI is your first arrest of any kind. Doesn’t that help?

The answer is yes and no. A first offender may be eligible for a lighter sentence than a repeat offender. However, your otherwise good character doesn’t really matter when it comes to determining your guilt or innocence.

We’ve all seen the TV shows where the defendant looks for character references to prove he couldn’t have committed the crime. But it doesn’t work that way in real life. In the legal system, the fact you are a good person does not make it any more or less likely that you committed a crime than if you were a bad person. The state still has to show whether you are guilty of this particular DUI.

Contrary to TV law, a defense attorney will avoid the character issue until sentencing. At trial, putting on evidence of good character opens the door for the state to put on evidence of bad character. If you say you’re a good family person who goes to church and holds a job, the state can bring up the fact you’re mean to puppies and you party a lot.

Good character can be relevant once your guilt is established. While Illinois law imposes certain sentencing guidelines, the court may be more lenient on you if your offense is clearly a one-time deal.

Under Illinois law, a first-time DUI is a Class A misdemeanor, punishable by up to one year in jail and a $2,500 fine. A second DUI leads to mandatory jail time or community service. Higher offenses result in even stiffer penalties.

If your breathalyzer reads more than twice the legal limit (over .16) on a first offense, you will be subject to a mandatory 100 hours of community service plus $500 fine on top of other penalties. A second offense mandates an additional two days in jail plus $1250 fine.

Furthermore, the length of your driver’s license suspension is shorter on a first offense and your level of required alcohol treatment will likely be lower.

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 TAKE MY BLOOD? THE EMERGENCY ROOM EXCEPTION

Posted on August 20, 2013 by mdkeenan

Previous posts have discussed how police may take your blood with or without your consent after a DUI-related accident. But police can also obtain blood or urine results from you under the emergency room exception.

Blood or urine tests for intoxication are admissible in prosecuting a DUI or related crime if taken during the regular course of emergency room treatment and not at the request of police. The tests must be performed by the lab ordinarily used by the hospital. Unfortunately, your usual right to keep your medical records confidential no longer applies. (See the statute at 625 ILCS 5/11-501.4.)

If police have obtained hospital tests and charged you with DUI, consult an experienced attorney immediately. An attorney can examine what type of medical treatment you had and whether the sample was taken in the normal course of it. An attorney can also question whether the results of the blood test were properly converted for DUI purposes. Even if the sample was properly taken and the results are correct, a DUI attorney can probe for other weaknesses in the state’s case, or if all else fails, negotiate a more favorable plea agreement than you might do 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 posts on blood draws with consent They Tested My Blood! Can I Still Defend My Illinois DUI? and without Can They Take my Blood? Your Rights and DUI 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 LAKE COUNTY, ILLINOIS VETERANS COURT FOR DUI AND OTHER NON-VIOLENT CRIMES

Posted on July 29, 2013 by mdkeenan

A day in the Lake County Veteran’s Treatment and Assistance Court (VTAC) begins with the very compassionate Judge John Phillips selecting one of the veterans to lead the pledge of allegiance. After that, Judge Phillips hears status updates from veterans on how they are progressing through the program.

The Lake County Veterans Court began in 2011 to help veterans avoid jail time and stay out of trouble by providing support for their special needs, such as post-traumatic stress disorder. The program uses a team approach which includes the Court, Veteran’s Administration, Adult Probation Services, Health Department, and other community agencies and volunteers.

“These agencies work together to provide veteran offenders services to address their needs through treatment interventions, rather than incarceration,” states the program fact sheet.

To participate, you must first be screened for eligibility. The program only accepts probation-eligible felony offenses, misdemeanors, or DUIs. If your crime involves a victim, your victim must consent to your participation (although violent offenses that result in death or severe injury are ineligible). You must also qualify for Veterans Benefits and Services.

And you must be willing to work hard. The program is rigorous. Your commitment can last 12 to 30 months. Besides remaining drug and alcohol free, you may need to appear regularly at court dates, submit to random drug testing, perform community service, pay fines, hold a job, and pursue recommended substance abuse or other treatments.

If you successfully complete the program, you may graduate and your charges may be dismissed. Failing to stay clean, however, could result in the very jail time you were trying to avoid.

If you are a veteran charged with a crime, consult an experienced criminal or DUI attorney immediately. Participating in VTAC means pleading guilty to your offense. An attorney can evaluate your situation to determine your best option. Perhaps the evidence against you is weak or the police acted improperly, and therefore, you might be better served by fighting your case. In certain circumstances, the attorney may bring a motion to dismiss the evidence against you. Even if VTAC is your best option, an attorney can help you navigate through the system.

If you have a question 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 SEARCH MY CAR AFTER A TRAFFIC STOP IN ILLINOIS?

Posted on June 24, 2013 by mdkeenan

You got pulled over for a traffic violation. The cop thought he smelled alcohol, and after some tests, you were charged with DUI. After they put you in the police car, the officers began searching the passenger compartment of your car. The stuff they found got you in bigger trouble.

Can they search your car like that? What can you do?

A police officer may search your car without a warrant as part of your arrest if 1) you have access to the car or 2) the officer reasonably believes that there is evidence of the crime in your car. Typically, when officers search a car after a DUI, it is because they are looking for evidence of drinking. The search should generally be limited to an area where you have access such as the passenger compartment. Under those circumstances it may be a legitimate search.

However, if you are stopped for an offense such as driving on a suspended license or speeding, the search may no longer be justified. Proof of speeding or driving on the suspended license would not likely be found in the car.

If the grounds for the search are questionable, an attorney may bring a motion to suppress the evidence of the search. What if the police exceeded the boundaries of the search, such as by opening the trunk? Or maybe the offense did not justify the need for a search. Be aware, however, that police can frisk for weapons to protect their own safety if they have a reasonable, articulable suspicion that you may be a danger to themselves or others. The police may also conduct an inventory search of your car when it is lawfully impounded.

If you are stopped for a driving offense or DUI, contact an experienced criminal law attorney immediately. An experienced attorney can evaluate your case to present the best possible defense. In limited cases where the evidence was obtained by an illegal search, your case may even be dismissed.

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 at Can They Search My Car? Your Rights During a Traffic Stop..


(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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CHEATING YOUR CAR’S BREATHALYZER DEVICE JUST GOT HARDER IN ILLINOIS

Posted on June 3, 2013 by mdkeenan

Some DUI defendants qualify for a breath activated ignition interlock device (BAIID). The device allows you to drive as long as you blow into a breathalyzer. If you are intoxicated, the car will not start.

Some drivers evade this requirement by getting someone else to blow into the device for them. But no more. As of July 1, 2013, the Illinois Secretary of State has implemented new rules that require the BAIID be equipped with a camera. Each time you blow, the camera will take your picture.

Not only does the picture ensure that it’s you blowing into the device, it also eliminates false claims that some other intoxicated person tried to start your car. Any failure to activate the device is reported to the Secretary of State and can result in additional penalties.

For more information see our related posts at Illinois Driving Permits for DUI Offenders and ”I Drove Another Car!”: When You Have Violated Your Monitoring Device Drivers Permit.

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 COOK COUNTY VETERANS TREATMENT COURT HELPS VETERANS WITH DRUG, DUI OR OTHER NONVIOLENT CRIMES

Posted on May 28, 2013 by mdkeenan

As a veteran of the United States Military, you may qualify for a special program to help deal with your criminal or DUI charges.

The Cook County Veterans Treatment Court program aims to prevent veterans from returning to the criminal justice system and to improve their quality of life. The program recognizes that those who have served their country may suffer from post-traumatic stress or other traumas. (The Lake County Circuit Court operates a similar program.)

In order to participate, you must obtain court approval. Your criminal defense attorney can help you navigate through this process.
As a veteran, you are eligible for the program provided you show willingness to participate, your crime is non-violent, you have no convictions for violent crime within the last ten years, and you haven’t been through the program in the last three years.

Once accepted, you must sign a contract with the court. You must participate in any treatment recommended by the Veterans Court Treatment Team. You must avoid alcohol and other illegal substances and submit to random drug testing. You cannot possess any weapon or commit another crime. You must report to your VA case manager and probation worker and appear at all court dates. You may also have community service. If you fail to comply with these requirements, the court may impose extra penalties.

While the program may seem tough, the program it is a real alternative to any criminal sentence you might otherwise receive. In some cases, completion of the program may result in a clean slate.

For more information, see Cook County Veterans Treatment Court. For an article on Lake County’s program, see Lake County Veterans Treatment Court Begins.

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 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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