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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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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CAN THEY TAKE MY BLOOD? YOUR RIGHTS AND DUI BLOOD TESTING

Posted on April 19, 2012 by mdkeenan

You were leaving an after-work party, when you missed a stop sign and slammed into another car. Both you and the other driver were taken to the hospital. At the hospital, an officer asked the nurse to draw your blood for DUI testing. Your blood then tested over the .08 limit.

Can the police draw your blood if you did not consent? What can you do?

Under Illinois DUI law, you have the right to refuse chemical testing except under certain circumstances. Exercising your right to refuse does come with penalties: the length of time your driver’s license is suspended can be doubled, and your refusal can be admitted in court to show “consciousness of guilt.”

When it comes to blood alcohol testing, the police can obtain a sample of your blood without your consent if you were involved in an accident that caused serious injury or death. Serious injury is defined as requiring immediate professional attention in “either a doctor’s office or a medical facility. A Type A injury includes severe bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.” (625 Illinois Compiled Statutes 11.501.2.) The blood sample, however, can only be taken by licensed physician, phlebotomist, physician’s assistant, nurse, paramedic or someone else deemed qualified by the Department of State Police. You can also have blood drawn by a medical professional of your choosing in addition to the sample taken for the police.

Can the police use physical force to draw the blood sample from you? A recent Illinois Appellate Court decision said no. In that case, the defendant injured her head in a car accident and was taken by ambulance to the hospital. Although she refused blood testing, hospital personnel held her down and forcibly drew blood. The Appellate Court said that while a defendant did not have a right to refuse the blood test, the police still had no right to use physical force to extract it. State of Illinois v Jacqueline Farris.

If police have taken your blood sample and charged you with DUI, consult an experienced attorney immediately. Depending on how and why the sample was taken, you may have grounds to suppress the test results. Even if the police strictly followed the law, 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


(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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POLICE VIDEOS OF DUI ARRESTS: NEW ILLINOIS COURT RULING

Posted on February 3, 2012 by mdkeenan

You were stopped for DUI. The officer asks you to get out of the car, and you agree to take the field sobriety tests. You thought you did pretty well holding your leg up and walking a straight line, but the officer’s report says you fell all over yourself.

Now you are afraid that if you go to trial, it will be your word against the officers, and who do you think a judge or jury is going to believe? That’s why the mobile video recording of your stop is so important. It is the one objective piece of evidence that can show what really took place.

The Illinois Supreme Court recently upheld your right to get a copy of the video recording from your arrest. Under certain circumstances, a judge may even sanction the prosecution if the video evidence is unavailable. For example, a judge could prevent the officer from testifying about anything that would have been shown on your video. So let’s say the officer would have testified that you couldn’t stand up straight. Without the video, the court might prevent the officer from talking about that. In some instances, this could even result in your case getting dismissed.

If you are stopped for DUI, the police recording should operate from about the time the sirens go on. Generally, a video should capture the officer speaking with you, your exiting the car and any field sobriety tests you might take. Some videos even show the police searching your car after the arrest.

Illinois first began requiring the state to equip its police cars with mobile video recording equipment in 2008. Taping traffic stops is good for both police and for DUI defendants. The video provides a truthful record. Police are protected from false allegations of lying and brutality. And you are protected from an officer who might lie about your actions.

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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“I HAVE AN ILLINOIS DUI, BUT I LIVE OUT OF STATE. DO I HAVE TO DEAL WITH IT?”

Posted on December 16, 2011 by mdkeenan

You were having a good time visiting friends in Illinois when you got pulled over and charged with DUI. Since you live in another state, coming back to Illinois to fight your DUI is a real hassle. Can you afford to ignore the Illinois proceeding?

The short answer is no.

For starters, if you ever intend to return to Illinois, ignoring your DUI can cause you much grief. If you do not appear for your Court date, the Judge can issue a warrant for your arrest, and you could lose whatever bond you may have already paid. If you later return to Illinois and are stopped by police for any reason, you will automatically be taken to jail. If you are arrested on a Friday night, you could spend your whole weekend in jail before a bond hearing is set.

Because you already failed to appear at Court, the Judge could set a much higher bond, which may be difficult for you to meet. And because, in the Court’s view, you have already shown disrespect for the process, the Judge might subject you to higher penalties, such as a larger fine or more time in jail.

Even if you believe you will never return to the state, an arrest warrant issued in Illinois could be enforced against you in your home state. Plus ignoring your Illinois DUI could still affect your license. If you do not appear for your Illinois DUI, the Judge can also enter a conviction against you in your absence. You would then lose any chance you had at contesting the case and possibly winning a dismissal. The State of Illinois can also report any conviction to your home state. http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+6+Art%2E+VII&ActID=1815&ChapterID=49&SeqStart=85800000&SeqEnd=86800000.

If you are charged with an Illinois DUI, you should contact an experienced attorney immediately. As with other criminal offenses, the State must prove you guilty beyond a reasonable doubt. An experienced attorney can probe for weaknesses in the state’s case. Did the police have probable cause to stop you or have you take a breathalyzer? Did you show evidence that you were too intoxicated to drive? Even if the evidence against you is strong, an attorney can help you negotiate a better plea agreement than you might get 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. 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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YOUR LICENSE MAY BE TATTLING ON YOU!: LICENSE READING CAMERAS IN ILLINOIS

Posted on November 28, 2011 by mdkeenan

What might have started as a casual trip to the mall could end as a trip to jail in at least one Illinois community. In October, the Belleville, Illinois police department began catching criminals by using an automated camera to read license plates.

Perched on top of an unmarked car, Belleville police use the automated license reader to check for matches of license plates associated with arrest warrants or other criminal activity. When a match is found, nearby officers move in to stop the driver.

In its first four hours, the Belleville reader captured seven local and eight out-of-state warrants, led to 56 stops, 13 traffic citations and one arrest for violating an order of protection. And all this for the camera’s low cost of $17,000, which could make it irresistible as a crime fighting tool to municipalities struggling to balance their budgets. Which means that in the future, the automated reader could become as prevalent as the red light cameras are today.

If you are stopped because of a automated reader camera, what can you do? Be courteous, but as with any police stop, the less said the better. If you are taken into police custody, you must say “I wish to remain silent and I want an attorney,” in order to trigger your Miranda rights (or the officers can keep questioning you). Any attempt to explain yourself could unwittingly give police the evidence they need to convict you.

If you are arrested, you should contact an experienced criminal or traffic law attorney immediately. Even if an automated reader made it easier to catch you, the state must still prove you guilty beyond a reasonable doubt. An experienced attorney can probe for weaknesses in the state’s case in hopes of winning a dismissal. Even if the evidence against you is overwhelming, the attorney may be able to obtain a better plea bargain for you than you could get on your own.

If you have questions about this or another related DUI, 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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