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Click on the criminal defense case victory links below to learn more about how we won each case.

Recently Won Cases

(Actual Dates and Cases)

AUGUST 2021

Manufacturing and Delivery of 900+ grams of Methamphetamine, Cocaine and Heroin – CASE DISMISSED

Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED

Aggravated Unlawful Use of a Weapon – Class 4 Felony – Entered into Veteran’s Treatment Court

JULY 2021

Disorderly Conduct – Class A Misdemeanor – CASE DISMISSED

Leaving the Scene of an Accident – Class A Misdemeanor – CASE DISMISSED

JUNE 2021:

Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED

Retail Theft- Class A Misdemeanor – CASE DISMISSED

Possession of Cannabis in a Motor Vehicle – Ordinance Violation – CASE DISMISSED

Criminal Damage to Property – Class A Misdemeanor – CASE DISMISSED

MAY 2021:

Domestic Violence Order of Protection – CASE DISMISSED

Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED

APRIL 2021:

Aggravated Unlawful Use of a Weapon – Class 4 Felony – REDUCED TO CLASS A MISDEMEANOR WITH SUPERVISION

Theft – Class 4 Felony – CASE DISMISSED

Theft By Deception – Class 3 Felony – CASE DISMISSED

Identity Theft – Class 3 Felony – CASE DISMISSED

Domestic Battery – Bodily Harm – Class A misdemeanor – CASE DISMISSED

MARCH 2021:

Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED

Aggravated Unlawful Use of a Weapon – Class 4 Felony – CASE DISMISSED

FEBRUARY 2021:

Aggravated Unlawful Use of a Weapon – Class 4 Felony – CASE DISMISSED

November 2020

Possession of a Controlled Substance – Class 4 Felony – CASE DISMISSED

October 2020

Leaving the Scene – Class A Felony – CASE DISMISSED

No Stalking Petition – VACATED

Aggravated UUW – Class 4 Felony – FINDING NO PROBABLE CAUSE

Aggravated UUW – Class 4 Felony – CASE DISMISSED

September 2020

Disorderly Conduct – CASE DISMISSED

August 2020

Aggravated UUW – Class 4 – FINDING NO PROBABLE CAUSE

JULY 2020

MB and son JB – Murder Charges ruled self defense after hearing – CASE DISMISSED

Applied for Clemency on Cannabis charges – CLEMENCY GRANTED
Three (3) separate cases of manufacturing/delivery of cocaine – Class 1 felonies – CASE DISMISSED

MARCH to JUNE COURTS CLOSED DUE TO COVID-19

APRIL 2020

Violation of Order of Protection- Class A misdemeanor – CASE DISMISSED

Leaving the Scene of Accident- Class A misdemeanor – CASE DISMISSED

Felony Sealing – GRANTED

Felony Gun Case Sealing – GRANTED

Battery- class A misdemeanor – CASE DISMISSED

Aggravated Sexual Abuse Investigation – NOT CHARGED

March 2020

JB – Class X- MDMA/Ecstasy Possession with Intent to Deliver – looking at 6-30 years IDOC – CASE DISMISSED

Disorderly Conduct – CASE DISMISSED

Misdemeanor – CASE DISMISSED

February 2020

MF -1st Degree Murder – ACQUITTED

Battery to a child – CASE DISMISSED

Order of Protection – CASE DISMISSED

Possession of Cannabis – Class 4 Felony; Unlawful Possession of Weapon – CASE DISMISSED

Deceptive Practices – Class 4 felony – CASE DISMISSED

DUI – REDUCED TO RECKLESS DRIVING

January 2020

AW – Aggravated Arson-class X – Dismissed

Criminal Trespass to Land – Class A Misdemeanor – CASE DISMISSED

December 2018

Possession of Controlled Substance- Class 4 Felony – CASE DISMISSED

Possession of Cannabis – Class 4 Felony & Unlawful Use of a Weapon – Class A Misdemeanor – DISMISSED

November 2018

Battery – Misdemeanor – BENCH TRIAL- NOT GUILTY

Battery – Misdemeanor – CASE DISMISSED

Battery and Obstruction of Justice – CASE DISMISSED

People v. GK, Agg Speeding – Misdemeanor – REDUCED TO PETTY OFFENSE

DUI – REDUCED TO RECKLESS DRIVING

People v. AN, DUI – REDUCED TO RECKLESS DRIVING

October 2018

Battery – CASE DISMISSED

Assault – CASE DISMISSED

Felony Class 4 possession of a controlled substance – CASE DISMISSED

Disorderly conduct – CASE DISMISSED

Felony aggravated DUI – NOT GUILTY

September 2018

Felony Class 3 criminal fortification of a residence or building – FINDING OF NO PROBABLE CAUSE AT A PRELIMINARY HEARING – CASE DISMISSED

Battery – CASE DISMISSED

Class 4 felony possession of heroin – CASE DISMISSED

Domestic battery – CASE DISMISSED

Violation of an Order of Protection – DISMISSED

Battery – CASE DISMISSED

Unlawful use of a weapon – CASE DISMISSED

Class 4 felony possession of cocaine – CASE DISMISSED

August 2018

Battery – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

July 2018

Battery – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

Driving on a suspended license – CASE DISMISSED

Possession of marijuana – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

June 2018

DUI – Misdemeanor – DISMISSED ON MOTION TO DISMISS 06/2018

Battery Misdemeanor – DISMISSED

Civil Forfeiture – HEARING WON – CAR RETURNED

May 2018

Pardon – GRANTED W/ LEAVE TO EXPUNGE

Battery Misdemeanor – DISMISSED – CONVINCED STATE IT WAS SELF DEFENSE

Expungement – EXPUNGEMENT GRANTED

April 2018

Executive Clemency Petition (AKA Governor’s Pardon) for Class 2 felony burglary – GRANTED

Battery – CASE DISMISSED

March 2018

Class 2 unlawful use of a weapon by a felon – NOT GUILTY

February 2018

Domestic battery – CASE DISMISSED

January 2018

Domestic battery – CASE DISMISSED

December 2017

Class 4 felony possession of a controlled substance – FINDING OF NO PROBABLE CAUSE AT PRELIMINARY HEARING – CASE DISMISSED

Class X Felony Cannabis Case – NOT GUILTY

November 2017

Class X Aggravated discharge of a firearm and Unlawful Use of Weapon by a Felon NOT GUILTY

October 2017

Battery – CASE DISMISSED

Class 4 felony possession of a controlled substance – FINDING OF NO PROBABLE CAUSE AT PRELIMINARY HEARING – CASE DISMISSED

Battery – CASE DISMISSED

Class 3 felony possession of a controlled substance – finding of no probable cause at a preliminary hearing – CASE DISMISSED

Trespass – CASE DISMISSED

Retail theft – CASE DISMISSED

September 2017

Battery – CASE DISMISSED

August 2017

Attempt murder – NOT GUILTY

Battery – CASE DISMISSED

Class 4 felony possession of a controlled substance – FINDING OF NO PROBABLE CAUSE AT PRELIMINARY HEARING – CASE DISMISSED

Unlawful use of a weapon – CASE DISMISSED

Theft – CASE DISMISSED

Domestic Battery – CASE DISMISSED

July 2017

Class 4 Felony possession of cannabis with intent to deliver – FINDING OF NO PROBABLE CAUSE AFTER A PRELIMINARY HEARING – CASE DISMISSED

Retail theft – CASE DISMISSED

Unlawful use of a weapon – CASE DISMISSED

Class 4 felony possession of a controlled substance – FINDING OF NO PROBABLE CAUSE AT A PRELIMINARY HEARING – CASE DISMISSED

Battery – CASE DISMISSED

June 2017

Motion to Suppress Granted – CLASS X FELONY NARCOTICS CASE DISMISSED

May 2017

Battery – CASE DISMISSED

Class 4 possession of a controlled substance – FINDING OF NO PROBABLE CAUSE AT A PRELIMINARY HEARING – CASE DISMISSED

.08 BUT YOUR LAWN LOOKS GREAT – WHAT CAN & CAN’T YOU DRIVE DRUNK?

August 13, 2018 / Robert J Callahan / Blog

DUI in Chicago, IL - Call Robert J Callahan

DUI in Chicago IL Information

This is America. We have rights. So the natural question is: Can you mow your lawn drunk? Answer: Does your lawnmower have seat, an electric motor & a cup holder for your beer? If yes: Sadly, even in America, with all our freedoms, this a DUI. If no, drink up, just expect to call landscapers later to fix your mess. Driving Under the Influence. DUI. We all know the general scenario. Someone’s had too much to drink on the way to/from/after the bar/party. But what about when you aren’t driving a car. But how about your tractor? What about a segway? Or on boat? Can you get a BUI? (biking while intoxicated)? When is that drunk driving? It depends. Is what you are driving a “motor vehicle”? Illinois law defines a “motor vehicle” as: “[e]very vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power, motorized wheelchairs, low-speed electric bicycles, and low-speed gas bicycles.”^[1] Wasted on your wheelchair? A-O-K. Buzzed on a bike? Cheers. There is no such thing as a BUI. Here’s a helpful list of the things you can and can’t drive drunk:^[2]

Bicycle: DRINK UP- NO DUI
Horse: DRINK UP- NO DUI
Kayak: DRINK UP- NO DUI
Electric Wheelchair^[3]: DRINK UP- NO DUI
Low Speed Electric bicycle^[4]: DRINK UP- DUI

Motorized lawn mower:
- Pushing: DRINK UP
- Seated: DUI
Tractor: DUI
Boat: DUI ^[5]
Snowmobile: DUI^[6]
Four-Wheeler: DUI
Golf cart: DUI
Moped^[7]: DUI
Segway: Likely DUI, but no precedent
Low speed gas bicycles:
- The Illinois Vehicle code defines a “low-speed gas bicycle” as a “2 or 3-wheeled device with fully operable pedals and a gasoline motor of less than one horsepower, whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour.”
- The question: Is this motor/engine capable of transporting a 170 pound person at 20 mph without the help of gravity or pedaling?^[8]
  - IF YES: DUI
  - IF NO: DRINK UP

SIMPLE, RIGHT?

Keep in mind that these rules don’t apply only to being drunk & driving, if your license is suspended or revoked for a Illinois DUI and you are operating any of the above “motor vehicles,” with the exception of a boat, on a “highway,” you can and will be arrested for driving while license revoked, drunk or not. In Illinois, unlike some other states, you can get a DUI on private property. That means that in Illinois you can’t plow your fields plowed. Nor can you drink and drive in your driveway. There is no private property defense for DUI in Illinois.^[9] Drinking & driving is no joke. Neither is mowing your lawn drunk. Nobody wants you to do either, certainly not your neighbors, whether or not its legal. But if you’re going to drive anything drunk, get a lawyer. Odds are you’re going to need one. At Robert Callahan & Associates, we are criminal defense lawyers in Chicago here to help. ^[1] 625 ILCS 5/1-146. ^[2] PLEASE NOTE: even if you cannot be charged with DUI, if you engage in these activities you risk other charges, including, but not limited to: Public Intoxication & Disorderly Conduct. ^[3] Illinois law defines an electric wheelchair as: “Motorized wheelchair.Any self-propelled vehicle, including a three-wheeled vehicle, designed for and used by a person with disabilities, that is incapable of a speed in excess of 8 miles per hour on level ground.” 625 ILCS 5/1-148.3. ^[4] A bicycle equipped with fully operable pedals and an electric motor of less than 750 watts that meets the requirements of one of the following classes: (a) "Class 1 low-speed electric bicycle" means a low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour. (b) "Class 2 low-speed electric bicycle" means a low-speed electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches a speed of 20 miles per hour. (c) "Class 3 low-speed electric bicycle" means a low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour. A "low-speed electric bicycle" is not a moped or a motor driven cycle. ^[5] 625 ILCS 45/5-16. ^[6] 625 ILCS 40/5-7. ^[7] A moped is a motor-driven cycle, with or without optional power derived from manually operated pedals, whose speed attainable in one mile is at least 20 mph but not greater than 30 mph, and is equipped with a motor that produces 2 brake horsepower or less. If an internal combustion engine is used, the displacement shall not exceed 50 cubic centimeter displacement and the power drive system shall not require the operator to shift gears. ^[8] People v. Plank, 2018 IL 122202. ^[9] The opposite is true for a Summary Suspension and Driving While License Revoked/Suspended. For both, the person must be on a “public highway.”