Robert J Callahan | Chicago, IL Criminal Defense Lawyer | Attorney
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Recent Criminal Case Victories

Robert J. Callahan

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Call (312) 322-9000 and Start Fighting for Your Rights.

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

Recently Won Cases

(Actual Dates and Cases)

February 2023

Class X Predatory Sexual Assault of a Child – CASE DISMISSED Solicitation of Unlawful Business – CASE DISMISSED

January 2023

Class 4 Felony Possession of a Controlled Substance – CASE DISMISSED Battery – CASE DISMISSED Unlawful use of a Weapon in an airport – CASE DISMISSED

December 2022

Battery – CASE DISMISSED

November 2022

Unlawful use of a Weapon in an airport – CASE DISMISSED Reckless Conduct – CASE DISMISSED Possession of Ammunition – CASE DISMISSED

September 2022

Unlawful Use of a Weapon – CASE DISMISSED Trespass – CASE DISMISSED

August 2022:

Class 3 Felony Retail Theft Charges – CASE DISMISSED

June 2022:

Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED Criminal Damage to Property –

Class A Misdemeanor – CASE DISMISSED
Class 4 Felony Unlawful Use of Weapon – NOT GUILTY
Class 1 Felony Possession of an Controlled Substance – CASE DISMISSED
Domestic Battery – CASE DISMISSED Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED

May 2022

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

Assault – CASE DISMISSED
Aggravated Unlawful Use of Weapon by a Felon – CASE DISMISSED
Violation of Concealed Carry Permit – CASE DISMISSED
First Degree Murder – REDUCED TO ARMED ROBBERY

April 2022

Class 4 Felony Criminal Damage to Property – REDUCED TO A MISDEMEANOR

Unlawful Use of Weapon – CASE DISMISSED

March 2022

Aggravated Assault – CASE DISMISSED

February 2022

Class 4 Felony Unlawful Use of Weapon – REDUCED TO A MISDEMEANOR

Domestic Battery – CASE DISMISSED
Class 3 Felony Theft – NOT GUILTY

JANUARY 2022

DUI- Class A Misdemeanor – Dismissed

Unlawful Use of a Weapon – Class A Misdemeanor – Dismissed

DECEMBER 2021

Domestic Battery – Class A Misdemeanor – Dismissed

NOVEMBER 2021

Battery- Bodily Harm – Class A Misdemeanor- Dismissed

OCTOBER 2021

Violation of Order of Protection – Class A Misdemeanor- Bench Trial- Not Guilty

Unlawful Use of a Weapon – Class A Misdemeanor- Dismissed

SEPTEMBER 2021

Domestic Battery-Bodily Harm- Class A Misdemeanor – Bench Trial- Not Guilty

Possession of Controlled Substance- Class 4 Felony – Dismissed
Aggravated Unlawful Use of a Weapon – Class 4 Felony – Dismissed

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

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DON’T SCOOT AND DRUNK

July 1, 2019 / Robert J Callahan / Blog
0
DUI on a Scooter
Chicago is now part of the electric scooter nationwide revolution. Sadly, Only two weeks into the city’s new electric scooter pilot program, Chicago marked it’s first electric scooter related murder. On June 26, 2019, a 17 year old got shot and killed in Humboldt Park while riding on an electric scooter.

It’s always a few bad apples that ruin a good time. Hopefully, this type of scooter related violence won’t spoil everyone’s fun with these things because….have you tried one yet? People either love them or hate them, safety concerns abound, but one thing is for sure: they’re a blast. You zip along with the breeze on your back, going almost anywhere on the westside of Chicago. Try one out for yourself. Just be careful if you’re thinking about taking that scooter to the bar. You might still want to op for the Uber instead of scooting and drinking your way home. Sure the multiple electric scooter companies like Lime, Bolt, Bird, Jump and others tell you not to scoot while intoxicated, sounds like good practical advice. But what does the law say about it?

With the dawn of electric scooter here in Chicago, there’s one question you need to know before scooting out on the town:

CAN YOU GET A DUI ON AN ELECTRIC SCOOTER?

The crime of DUI or Aggravated DUI requires that you are driving or in actual physical control of a motorized vehicle while impaired by alcohol or drugs. In order to determine if electric scooters fail within the scope of the DUI or Aggravated DUI statute, the definition of vehicle needs to be broken down.

Illinois defines a “vehicle” as “(e)very device, in, upon or by which any person or property is or may be transported or drawn upon a highway or requiring a certificate of title under Section 3-101(d) of this Code, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles as defined in the Snowmobile Registration and Safety Act.”

For DUIs and Aggravated DUIs, more than just a vehicle is necessary. The crime requires 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. For this Act, motor vehicles are divided into two divisions:

First Division: Those motor vehicles which are designed for the carrying of not more than 10 persons.

Second Division: Those motor vehicles which are designed for carrying more than 10 persons, those motor vehicles designed or used for living quarters, those motor vehicles which are designed for pulling or carrying freight, cargo or implements of husbandry, and those motor vehicles of the First Division remodelled for use and used as motor vehicles of the Second Division.”

Do you see the term/word electric scooter or electric powered vehicle in that definition? Nope. Still, electric scooters may seem to fall within the first division of “motor vehicle” given they are “self propelled” and only carry one person, which is less than the 10 people limit in the first division. It’s not included in the definition, but it’s not excluded either.

The closest Illinois has recently come to addressing a situation similar to a DUI on a scooter was the case of People v. Plank. Plank dealt with a guy who got a DUI on a motorized bicycle going 26 mph. He challenged his conviction for DUI on the basis that the definition of a “low speed gas bicycle” was unconstitutionally vague. The law defines a “low speed gas bicycle” as “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 Court didn’t buy it, finding that a motorized bicycle going 26 mph qualifies as a motor vehicle for the purposes of DUI or Aggravated DUI.

The definition of a “low speed gas bicycle” doesn’t even come close to describing how an electric scooter operates. Plank will likely not have much of an influence on the law on electric scooters. Electric scooters aren’t powered by gas and go less than 20 mph no matter how much you weigh. Still, it could give an indication that the courts in Illinois are willing to affirm DUIs in the nonconventional automobile situation.

The definition of “motor vehicle” excludes a type of self propelling device similar to an electric scooter. A low-speed electric bicycle. This type of electric motor is defined in Illinois law as: (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.

Electric scooters are generally lightweight (as light as 22 pounds) platforms with a battery-operated motor of 100 to 750 watts.

A motor of less than 750 watts. Scooters range from 100 to 750 watts. Electric scooters only go up to 15 mph, not the 20 or 28 mph metric for low speed bicycles.The similarities could be an indication illinois would consider electric scooters in a similar light as low speed electric bicycles. They don’t reach the 20+mph speeds of mopeds or low speed gas bicycles.

What if you’re drinking and driving something that’s not a car, but not quite an electric scooter? Can you get a DUI or Aggravated DUI

    • Bicycle: NO DUI


  • Horse: NO DUI


  • Kayak: NO DUI




    • Electric Wheelchair: NO DUI


  • Low Speed Electric bicycle: DUI


    • Motorized lawn mower:
      • Pushing: No
      • Seated: DUI
    • Tractor: DUI


  • Boat: DUI


  • Snowmobile: DUI
  • Four-Wheeler: DUI
  • Golf cart: DUI
  • Moped: DUI




  • Segway: maybe DUI, but no precedent






THE VERDICT

Based on the current Illinois statutory definitions, NO. But the jury is still out. It’s not clear yet in Illinois whether you can get convicted of a DUI or Aggravated DUI on an electric scooter. That doesn’t mean you can’t get arrested for it. The Courts will be addressing this issue at some point in the near future if electric scooters catch on. Illinois could follow other above mentioned states in specifically defining electric scooters as a motor vehicle. In L.A., DUIs on scooters are 100% legal and happening. Wisconsin, Minnesota, Oregon, and other states have definitions of electric scooters in their law. They have a law defining electric scooters and their application to DUIs. Illinois doesn’t yet. They might soon….or they might not.

The Illinois House of Representatives recently proposed new legislation that will regulate electric scooters. House Bill 1590, proposed by Representative Marcus C. Evans, Jr, wants to amend the Illinois Vehicle Code to include a definition of a “low-speed electronic scooter.”

This new Illinois law will define “low-speed electronic scooter” as:

  • A device weighing less than 100 pounds, with 2 or 3 wheels, handlebars, and a floorboard that can be stood upon while riding;
  • that is solely powered by an electric motor and human power; and
  • whose maximum speed, with or without human propulsion on a paved level surface, is no more than 20 miles per hour.
  • “Low-speed electric scooter” does not include a moped, motor-driven cycle, motor vehicle, or vehicle.
This law aims to require operators to be at least 16 years old, have a valid driver’s license, instruction permit, or State ID card. It would mandate all electric scooters have brakes, lights, and reflectors, as well as a ban on putting sirens on them (interesting idea…..). It would also specify exactly where one can legally ride their electric scooter. But perhaps the most interesting aspect of the proposed law is the provision granting riders of electric scooters “all of the rights and shall be subject to all of the duties applicable to an operator of a bicycle.” When you combine this with the fact that you can’t get a DUI on a regular old bicycle, it doesn’t seem this proposed law would make DUI and Aggravated DUIs laws applicable to electric scooters.

Regardless, drinking and scooting is NOT a good idea. Don’t do it. Even if you can’t get charged with DUI on a scooter, if you’re acting like a drunk fool on a scooter, there are plenty of other offenses the police can pick to charge you with. Not to mention, forget about whatever legal consequences you might have, you don’t want to die as some idiot who hit a car while he was drunk scooting. If you’re hammered on a scooter the police are probably going to arrest you for DUI. Whether or not it sticks will have to be seen. DUI convictions on electric scooters have happened in other cities across the country.

Whatever type of DUI or Aggravated DUI arrest is out there, we know about it. If you were arrested for DUI or Aggravated DUI, you need an experienced criminal defense attorney. Call Robert Callahan & Associates for a free initial consultation on your DUI or Aggravated DUI criminal case. You’ve got questions, we’ve got answers. We’re here to help. Call us at 312 322 9000.
Chicago DUI, DUI, Illinois DUI, Scooter DUI

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Robert J Callahan | Chicago Defense Lawyer
53 W JACKSON BLVD # 1615
CHICAGO IL 60604-3536

Phone: (312) 322-9000
Fax: (312) 427-1289



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