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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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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