In Illinois, driving on a suspended/revoked license is a difficult charge to fight.  On a first offense, the state need only prove that you were driving and that your license was suspended or revoked.  However, you may still have a defense.
Did the police have probable cause to stop you?  If not, an attorney can petition the court to suppress the evidence from the stop.  In certain circumstances, the court might even dismiss your case.
Were you driving on private property?  The law bars driving without a license on “any highway” of Illinois.  A “highway” is defined as the entire…
Continue Reading DEFENSES TO DRIVING ON A SUSPENDED/REVOKED LICENSE

 
Under 725 ILCS 5/103-3.5, you have the right to communicate free of charge with an attorney of your choice and members of your family as soon as possible upon being taken into police custody, but no later than 3 hours after arrival at the first place of detention. You must be given access to a telephone to make 3 calls. If you are moved to a new place of detention, your right to make 3 calls within 3 hours of arrival is renewed.
If police violate these rights, your statements to them are presumed inadmissible as evidence. However,…
Continue Reading YOUR RIGHT TO COMMUNICATE WHILE IN POLICE CUSTODY IN ILLINOIS

The answer depends on your specific circumstances.
Did your driving show impairment?  Did you behave in a calm and controlled manner with police?  Were you stumbling to get out of the car?  Is your voice slurred on the evidence video?
On or about your first court date, your attorney will request any evidence that the state may have on you.  The evidence will likely include a video of your arrest.  The video should show what happened during the police stop and may even show your driving.  After viewing the video, your attorney can better assess if the state will be…
Continue Reading CAN I BE CONVICTED OF DUI IF I DIDN’T TAKE ANY FIELD SOBRIETY TESTS?

Before you can be arrested for DUI, police must have probable cause.  But at what point are you considered under arrest?
In Illinois, you are under arrest when your freedom of movement has been restrained by means of physical force or a show of authority. To determine when that happened, a court looks at: (1) the officer’s intent to make the arrest, and (2) your understanding, based on an objective standard of reasonableness, that you were under arrest. Probable cause cannot be justified by the evidence found after your arrest.
For example, in People v. Workheiser, the defendant took…
Continue Reading DID POLICE HAVE PROBABLE CAUSE BEFORE YOUR ARREST?

Without more, the answer is probably not.  Under Illinios law, nervousness by itself does not give an officer probable cause for the search.
While most police searches require a warrant, there is an exception for automobiles. Under that exception, law enforcement officers may perform a warrantless search if there is probable cause to believe that the automobile contains evidence of criminal activity that the officers are entitled to seize.  The fact you may have made furtive movements is not enough by itself to provide probable cause.
Your furtive movements may have an innocent explanation, such as that you were trying…
Continue Reading CAN POLICE SEARCH MY CAR BECAUSE I’M NERVOUS?

In our April 20, 2021 post, we discussed People v. Pearson in which the court held that police could not search a defendant’s hospital room without a warrant because the defendant had a reasonable expectation of privacy in his hospital room.  (Can Police Search My Hospital Room Without a Warrant?)
But a later Illinois Appellate case shows how specific facts viewed by a particular judge can reach a different outcome.  This is why it is important to hire an experienced attorney who is familiar with your courthouse and can present your facts in their best possible light to…
Continue Reading CAN POLICE SEARCH MY HOSPITAL ROOM WITHOUT A WARRANT? PART II

You were driving to a friend’s one night when police pulled you over for a broken headlight.  Noticing a bag of white powder on the floor, the officer suspected you had illegal narcotics.  She searched your car, taking the baggie.  You then were arrested for a narcotics offense.
Can police search your car without a warrant?  What can you do?
Under Illinois law, an officer who lawfully stops your vehicle and has probable cause to believe you have contraband may lawfully search any closed containers within your car that might reasonably contain that contraband. An officer may properly seize evidence…
Continue Reading CAN AN OFFICER SEARCH YOUR CAR BECAUSE OF SOMETHING THAT IS IN PLAIN VIEW?

In Illinois, fleeing and eluding a peace officer means that the officer signaled you to stop and you willfully failed to obey, increased your speed, extinguished your lights or otherwise fled or attempted to elude the officer.  The officer must be in uniform, and if the officer is driving, his or her vehicle must flash its lights when used with a horn or siren.  (See 625 ILCS 5/11-204).
Your offense becomes aggravated if you do any of the following when trying to escape:

• drive speeding more than 21 miles over the limit,
• you commit more than $300 in property

…
Continue Reading WHAT IS AGGRAVATED FLEEING OR ATTEMPTING TO ELUDE A POLICE OFFICER?  

The legalization of recreational marijuana has caused some confusion regarding its effect on DUI laws.  A recent Illinois appellate court decision is providing some guidance. Essentially, the smell of burnt cannabis, without any corroborating factors, is not enough to establish probable cause to search the vehicle. This decision is likely to be revisited as the issue remains a complex one.
Effective January 1, 2020,   410 ILCS 705/10-10  permits  Illinois residents 21 years or older to possess no more than 30 grams of cannabis, 500 milligrams of tetrahydrocannabinol (THC) in a cannabis-infused product, or 5 grams of cannabis concentrate. Possessing…
Continue Reading CAN AN OFFICER SEARCH MY CAR BASED ON THE SMELL OF MARIJUANA?

There are a host of offenses that can be either a Class A Misdemeanor or a Class 4 felony if you knowingly possess or display a fictitious or unlawfully altered driver’s license or permit.  (See 625 ILCS 5/6-301.1).  Simply possessing such a license is a Class A Misdemeanor on a first offense and a Class 4 felony on a later offense.
It is also a Class 4 felony if you possess or display that altered license under any of the following circumstances:

• You wanted to obtain an account, credit, credit or debit card from a bank, financial institution or

…
Continue Reading WHAT IS THE CRIME OF “FICTITIOUS OR UNLAWFULLY ALTERED DRIVER’S LICENSE OR PEMIT” IN ILLINOIS?

When you were very young, you got caught driving while intoxicated and pled guilty to DUI.  That was more than 20 years ago.  Now you have been arrested for a second DUI.
Does the first one still count?
The answer is yes.  The DUI law does not limit the amount of time the state can look back in order to enhance your punishment for a second-time DUI or upgrade you to an Aggravated DUI for a third or later offense.
Is there anything you can do?  First contact an experienced DUI attorney.  The attorney can review your case for your…
Continue Reading CAN MY PAST ILLINOIS DUI HURT ME EVEN IF IT HAPPENED A LONG TIME AGO?

Driving without a license is a bad idea.  Driving without a license while intoxicated is even worse.  Your DUI can then be upgraded to an aggravated offense and a Class 4 felony if you did not possess a driver’s license or any type of driving permit and you drove while intoxicated.
You can also be convicted of aggravated DUI if you had a license, but that license was suspended or revoked due to a reckless homicide or alcohol-related offense. Besides having a Class 4 felony DUI, you can also be convicted of driving on a suspended license and sentenced to…
Continue Reading DUI WITHOUT A LICENSE