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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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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