UUW Conviction from 2016 Vacated
MISDEMEANOR UUW CONVICTION FROM 2006 – VACATED
People v. VM - On August 27, 2005, my client was pulled over by a police officer for a minor traffic violation. While the officer was issuing a traffic violation he noticed the strong odor of alcohol coming from my client’s breath and noticed my client’s slurred speech and asked him to exit the vehicle. After my client exited the vehicle the officer asked him if he had been drinking and my client admitted that he had been drinking alcohol earlier in the evening. The officer suspected that my client had been Driving Under the Influence of Alcohol and asked him to perform Field Sobriety Tests. After determining that my client had failed the Field Sobriety Tests he had him take a Preliminary Breath Test and the PBT indicated that his blood alcohol content was over the legal limit. At that point the police officer decided that he had enough evidence to place my client under arrest for a DUI and took him into custody by placing handcuffs on him and putting him in the back seat of his squad car. The officer then began to do an inventory search of my client’s car before it was towed from the scene of the arrest. As he approached the passenger side of the vehicle he noticed the chrome nickel finish of the butt of a .44 Magnum revolver sticking out from under the passenger. He retrieved the loaded firearm from underneath the passenger seat of my client’s vehicle. My client admitted that the firearm was his and he produced a valid Firearm Owner’s Identification Card (FOID) that was in his wallet.
My client was eventually charged with a Class 4 Felony UUW and a misdemeanor DUI. The case was eventually transferred to the Old Orchard Courthouse in Skokie. The Class 4 Felony UUW was eventually reduced to a misdemeanor UUW due to the fact that my client had no criminal record and had a valid FOID card at the time of the arrest. In the fall of 2016 he plead guilty to the misdemeanor UUW and he received misdemeanor probation and community service hours. However, my client was forced to deal with a criminal conviction that was on his record and came up whenever he had to undergo a background search for a job.
In 2012 the Seventh Circuit Court of Appeals in Chicago ruled that the Illinois UUW statute was unconstitutional because it did not allow for a resident of Illinois to be able to legally carry a concealed firearm outside the home. A little less than a year later, in a landmark ruling, the Illinois Supreme Court agreed with the Seventh Circuit Court of Appeals and ruled that the Illinois Class 4 UUW statute violated the 2nd Amendment to the United States Constitution because it imposed a blanket prohibition on the right to carry a concealed firearm in Illinois. In response, the Illinois State Legislature passed a Conceal and Carry Statute which allows residents of Illinois to legally carry a concealed firearm in public provided that they comply with certain statutory requirements.
Meanwhile, my client continued with his life dealing with the difficult burdens that come with having a criminal record. My client read an article discussing the cases involving the Seventh Circuit Court of Appeals and the Illinois Supreme Court and the Illinois UUW statute and decided to contact Chicago UUW lawyer, James Dimeas, to see if he could have his misdemeanor UUW conviction from 2006 removed from his record.
After I obtained the court file in Cook County and the police reports I filed a Motion to Vacate the UUW conviction from 2006 based on the 2 cases from 2012. Even though the 2 cases from 2012 involved the Class 4 felony portion of the Illinois UUW statute, I argued that the rulings in those 2 cases applied to the Misdemeanor portion of the UUW statute that my client had been convicted of in 2006. My motion raised novel issues that were fully briefed and argued by me and the state. The Court eventually agreed with me and ordered that the misdemeanor UUW conviction from 2006 be vacated and thrown out. A Petition to Expunge was filed after this and the misdemeanor UUW conviction was removed from my client’s record. Whenever he applies for a job the 2006 Misdemeanor UUW conviction does not appear on his record. My client no longer has to admit that he was convicted of a crime and is able to move forward with his life without any criminal convictions appearing on his record or in a background search.
Chicago DUI and UUW lawyer, James Dimeas, has spent 25 years handling UUW and DUI cases throughout Cook County, DuPage County and Kane. James Dimeas is an award winning criminal defense lawyer and published author. If you are facing DUI or UUW criminal charges you can contact James Dimeas anytime for a free and confidential consultation. You can always call James to talk to him personally about your case. Mr. Dimeas can always be reached at 847-807-7405.