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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NEW ILLINOIS LAW CRACKS DOWN ON SPEEDERS ONCE AGAIN

Posted on August 20, 2012 by mdkeenan

A new Illinois law has dropped the threshold for when your routine speeding ticket becomes a criminal offense.

Speeding first became criminalized as a misdemeanor in 2011. Driving more than 31 miles over the limit was upgraded to a Class B Misdemeanor, while speeding 40 and over became a Class A. Starting January 1, 2013, driving 25 miles over the limit is enough to trigger a Class B Misdemeanor. While a Class B misdemeanor is punishable by up to six months in jail, a Class A is punishable by up to one year. Both carry maximum fines of $2,500.

In a bid to crack down on lead-footed drivers even more, the new law bars you from receiving supervision if you speed over 25 miles. Supervision is essentially a warning to stay out of trouble and is not considered a conviction for criminal law or insurance purposes. Now, if you plead or are found guilty of speeding over 25 miles, the judge must convict you.

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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DO I NEED AN ATTORNEY FOR DUI? NOW, MORE THAN EVER, UNDER NEW IL CASE LAW.

Posted on July 24, 2012 by mdkeenan

It’s almost never a good idea to represent yourself.

Clients generally do not have the knowledge, skill or distance to act as their own attorney in DUI or criminal court. The average defendant simply does not know the ins and outs of court procedure, the judge’s preferences or how to tell a good defense from a lame excuse.

A new Illinois Supreme Court case makes using an attorney even more critical. In the past, any prior convictions you received while representing yourself could not be used to increase the penalties on a later DUI. The new Supreme Court case overturned all that. (People ex rel Glasgow v Kinney. ) Now, a subsequent DUI can be bumped up to a felony based on any prior convictions, including those where you represented yourself. For repeat DUI offenders, this change could mean the difference between getting probation and going to jail.

If you have been charged with DUI or another traffic or criminal offense, contact an experienced attorney immediately. An experienced DUI attorney can evaluate your case for your best possible defense.

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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IS A CONFESSION ENOUGH TO CONVICT YOU OF DUI IN ILLINOIS?

Posted on July 16, 2012 by mdkeenan

You had several drinks at a party, then drove yourself and some friends home. On the way, you hit a light pole. You were walking home when police stopped you. You told them you’d had too much to drink and shouldn’t have driven your car. Now you are arrested for DUI.

Is your confession enough to convict you?

While we always tell clients not to make statements to third parties and especially not the police, a confession, by itself, is not enough to convict you in Illinois. The problem arises when your confession is corroborated by other evidence.

To convict you of DUI, the state of Illinois must prove beyond a reasonable doubt that 1) you were driving and 2) you were under the influence of drugs or alcohol. Illinois courts have long held that the elements of a crime cannot be proven by a defendant’s confession without some independent evidence.

Generally, DUI confessions become an issue when a defendant has left the car before police arrive. The defendant’s statement that he or she was driving is not enough to prove that element. Coming up with corroboration, however, may not be very difficult. One Illinois case involved a defendant who was seen standing next to the car he owned while the car’s other occupant was trapped in the passenger seat. Evidence also showed that the defendant was fussy about his car. The Court held that this was sufficient evidence to support a conviction.

Could you be convicted if you admitted to police you were drunk? Defense attorneys never like it when clients make these statements. It can make the case more difficult, although not impossible, to defend. The State, however, would still need independent evidence, but an officer’s testimony that you smelled of alcohol, had slurred speech and glassy eyes and drove all over the road might be more than enough corroboration.

If you are charged with DUI or another traffic or criminal offense, contact an experienced attorney immediately. An experienced DUI attorney can evaluate your case for the best possible defense.

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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DO I NEED AN ATTORNEY FOR A DUI BOND HEARING IN ILLINOIS?

Posted on June 26, 2012 by mdkeenan

(UPDATED 1/16/24:  Illinois eliminated cash bond under the SAFE-T Act as of September 18, 2023.  However, you can still be held in jail if the state meets certain criteria. You should still consider hiring an attorney for any pre-trial detention hearing. See our related post at: What to Expect at Your Illinois Bond Hearing Now That Cash Bail is Abolished).

The answer is yes. An experienced criminal law attorney can present your situation in the light most favorable to a judge, which could mean the difference between waiting for your trial inside the county jail or out.

If you are arrested for DUI in Illinois, there are three types of bonds, an I-bond, D-bond and C-bond. If you have a first time DUI, you will most likely be released on an I-bond at the time of your arrest. An I-bond means you do not have to pay money or wait for a court hearing. You are allowed to go on your own recognizance.

Sometimes, the police will allow you to leave after posting a smaller bond of a few hundred dollars or less.

If your DUI is a felony, for example because it was your fourth DUI or someone was killed, you may be held in jail until the bond hearing, which is usually on the next business day. At that hearing, you may be ordered to pay either a D- or C-bond, or the judge may refuse to grant bond at all so that you must remain in jail. A D-bond means you must pay 10% of whatever amount the judge sets as bond. For example, if the bond is $10,000, you must come up with $1,000 to be released from jail. A C-bond means you must pay the entire amount set by the judge. A C-bond may be so high that it is like not having bond set at all. There are no bail bondsmen in the State of Illinois, so you will need to get that money from your own resources.

If you cannot pay your C- or D-bond, you will be held in jail until the disposition of your case by trial or plea agreement.

While having an attorney does not guarantee that you will be set free, an attorney can help persuade the judge to set a lower bond or to allow some other arrangement such as home monitoring. An attorney who is familiar with the judges in your courthouse is likely to have a better idea than most clients on what arguments are likely to sway a judge. If you cannot afford an attorney, a public defender will be assigned for purposes of the bond hearing.

For information on posting bond, visit our website at Where to Post Bond.

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 I LOSE MY DRIVER’S LICENSE BECAUSE OF A DUI IN ILLINOIS?

Posted on May 30, 2012 by mdkeenan

You have been arrested for DUI. You remember the police officer said something about a suspension, but you don’t remember exactly what. And what if you are found guilty? Will you lose your license then?

Generally, a first-time DUI results in the temporary suspension of your license. After your arrest, either because of drugs or alcohol, the Secretary of State will issue a Statutory Summary Suspension which suspends your license on the 46th day after your arrest for a period of six months. If you refused the breathalyzer or field sobriety tests, you may be suspended for one year.

For most first-time DUIs, you will not lose your license after the suspension expires except under certain circumstances. Under the Illinois Zero Tolerance policy, the Secretary of State will automatically suspend your license if you are under age 21, even if you weren’t actually driving but were caught drinking or carrying open alcohol in the passenger compartment.

You can also lose your license if you are convicted. Generally, a first time DUI offender will receive a sentence of supervision. Supervision may involve attending alcohol classes, performing community service and paying fines. Supervision is not a conviction, and thus, you would still be allowed to drive. However, if your DUI resulted in an accident that caused serious injury or involved some other aggravating circumstances such as an extremely high breathalyzer, you could be convicted on a first offense. Convictions are the rule for second or subsequent DUI offenses.

If you are convicted, the Secretary of State may revoke your license indefinitely until you satisfy several conditions, and maybe not even then. Conditions may include attending classes, obtaining alcohol abuse treatment and surviving a rigorous interview with the Secretary of State. Even if you are diligent, the Secretary of State will probably require your car to be fitted with a breath activated ignition interlock device (BAIID) prior to returning your license.

If you are charged with DUI, contact an experienced attorney immediately. An experienced DUI attorney may be able to fight the Statutory Summary Suspension on your behalf, or at least, help you obtain a BAIID so that you can continue to drive.
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 IS MY CHICAGO DUI IN SKOKIE?

Posted on May 18, 2012 by mdkeenan

You seldom set foot out of the city. You live in Chicago, you were pulled over for DUI in Chicago, Chicago police arrested you, and your bond hearing was held in Chicago. But now, you’re heading for your first court date at some place in Skokie or Bridgeview.

Why isn’t your felony DUI case being handled in Chicago?

In Cook County, Chicago felony cases are generally assigned to the Criminal Courts Building at 2600 S. California. However, Chicago is the third largest city in the United States, and that means a comparably large number of felony cases that go through one relatively small building.

According to a 2007 study by the Chicago Appleseed Fund for Justice, Chicago’s criminal court system handles more than 28,000 felonies per year. Probation handles 23,000 cases per year and the neighboring jail harbors 10,000 inmates awaiting trial. All this falls on the shoulders of the 29 judges currently listed for that courthouse. ( Cook County Court Directory.) The 2007 study found that each judge had an average of 275 cases pending at any one time, with little time available for trials.

As a result, something had to give. Any felony case overflow is directed to two suburban courthouses. If your offense took place south of Madison Street, then you could be assigned to the Bridgeview Courthouse at 10220 S. 76th Street. If your offense was north, you may be appearing at the Skokie Courthouse at 5600 Old Orchard Road.

No matter where your case may be heard, it is essential to have an experienced DUI attorney who is familiar with the judges in that courthouse. Many a defense strategy is based on gauging how a judge might react to your individual situation.

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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