David B. Franks, Attorney at Law
Partner, Franks & Kelly, P.C.
David B. Franks has represented clients in criminal defense, DUI, and traffic-related matters throughout Illinois since being admitted to the Illinois Bar in 1989. With experience as both a prosecutor and defense attorney, he brings decades of courtroom knowledge and practical legal experience to clients facing serious criminal and traffic-related charges in McHenry County and the surrounding areas.
Before entering private practice, Mr. Franks served as an Assistant State’s Attorney in both Cook County and McHenry County, Illinois. During his time in McHenry County, he spent four years handling cases in both the misdemeanor and felony divisions. He also served as one of the county’s first designated Domestic Battery Prosecutors and later became Supervisor of the Misdemeanor and Traffic Division.
David Franks belongs to the following attorney-related organizations:
- National College for DUI Defense
- National Association of Criminal Defense Lawyers (NACDL)
- Criminal Justice Section of the McHenry County Bar Association
Drawing on years of experience on both sides of the courtroom, Mr. Franks understands how criminal and DUI cases are investigated, prosecuted, and defended. He has represented clients facing a wide range of charges, including DUI offenses, reckless driving charges, traffic violations, domestic violence allegations, drug offenses, and felony criminal charges ranging from misdemeanor offenses to Class X felonies.
Mr. Franks is known for providing straightforward legal guidance, detailed case preparation, and strong courtroom advocacy tailored to the circumstances of each client’s case. He works closely with clients throughout every stage of the legal process, from investigation and pretrial proceedings through negotiation, hearings, and trial when necessary.
In addition to his legal career, Mr. Franks served in the United States Navy Reserve, ultimately achieving the rank of Commander before retiring in 2007. His military background further strengthened the discipline, preparation, and strategic thinking he brings to his legal practice.
Military Service
Active Duty:
Defense Intelligence Agency
Bolling Air Force Base
Washington, D.C.
March 1984 to June 1987
Strike-Fighter Squadron 113
Naval Air Station Lemoore, California
August 1981 to February 1984
Reserve Duty:
Various Reserve Units Supporting Commander, Atlantic Fleet; Office of Naval Intelligence; Joint Analysis Center; Commander, U.S. Forces Japan
August 1987 to September 2007
National Defense University
Adjunct Faculty Member
Ft. Leslie J. McNair, Washington, D.C.
1999-2004
Personal Awards:
Defense Meritorious Service Medal
Joint Service Commendation Medal
Navy and Marine Corps Commendation Medal (Awarded 3 Times)
Navy and Marine Corps Achievement Medal (Awarded 2 Times)
Continuing Legal Education (CLE) Seminars
“The Fundamentals of AI Implementation”, Illinois State Bar Association, St. Louis., Missouri, June 12, 2026
“IDOC Program”, McHenry County Bar Association, Woodstock, Illinois March 3, 2026
“What Every Attorney Should Know About Drug Courts”, McHenry County Bar Association, Woodstock, Illinois, February 3, 2026
“Beyond the Badge and Gun”, 2026 Winter Session, National College for DUI Defense, Inc., Austin, Texas, January 16, 2026
“New Year New Laws”, McHenry County Bar Association, Woodstock, Illinois, January 6, 2026
“8 Movies-Lawyers Who Would be Disciplined in Real Life”, Illinois State Bar Association, Springfield, Illinois October 15, 2025
“Witness Examinations-Part 1”, McHenry County Bar Association, Woodstock, Illinois, October 7, 2025
“DWI/SFST Practitioner Course XII”, National College for DUI Defense, Inc., Louisville, Kentucky, February 8, 2025
“New Year New Laws”, McHenry County Bar Association, Woodstock, Illinois, January 28, 2025
“Issues in Pre-Trial Detention”, Illinois State Bar Association, Chicago, Illinois, December 15, 2024
“Ethical Considerations in Criminal Defense Law”, Illinois State Bar Association, Chicago, Illinois, December 14, 2024
“An Insider’s Look at Judicial Decision Making”, Illinois State Bar Association, Chicago, Illinois, December 13, 2024
“60 Artificial Intelligence Tips in 60 Minutes”, Illinois State Bar Association, Chicago, Illinois, December 13, 2024
“Collateral Consequences of Criminal Charges, Artificial Intelligence, and the Jaded Lawyer”, Illinois State Bar Association, Springfield, Illinois, November 1, 2024
“The Art of Cross-Examination”, McHenry County Bar Association, Woodstock, Illinois, October 10, 2024
“The Importance of Compassion and How to See Your Client as an Individual in Need”, Illinois State Bar Association, Springfield, Illinois, October 4, 2024
“Successful Strategies From the Masters of DUI”, 28th Annual DWI Means Defend With Ingenuity Seminar, National Association of Criminal Defense Lawyers, Las Vegas, Nevada, September 21, 2024
“The Role of Forensic Pathology in the Fight for Accountability in Legal System”, McHenry County Bar Association, Woodstock, Illinois, September 4, 2024
“The Dawning of the Age of Artificial Intelligence: Promise or Threat to the Practice of Law?”, Illinois State Bar Association, Chicago, Illinois, June 7, 2024
“The Jaded Lawyer”, McHenry County Bar Association, Woodstock, Illinois, April 10, 2024
“Judicial Branch Independence: Why it Matters”, Illinois State Bar Association, Chicago, Illinois, December 8, 2023
“Beyond Objection: Using Theatre Techniques for Effective Counsel”, Illinois State Bar Association, Chicago, Illinois, December 8, 2023
“Coroner’s Office Basic Procedures”, McHenry County Bar Association, Woodstock, Illinois, October 20, 2023
“Safe-T Act”, McHenry County Bar Association, Woodstock, Illinois, August 29, 2023
2023 Summer Session, National College for DUI Defense, Inc., Chicago, Illinois, July 22, 2023
“Advanced DUI & Traffic Law Program”, Illinois State Bar Association, Springfield, Illinois, April 26, 2023
“Rethinking How We Deliver Justice”, Illinois State Bar Association, Chicago, Illinois, December 9, 2022
“Building Resilience and Good Habits for Lawyer Wellbeing”, Illinois State Bar Association, Chicago, Illinois, December 9, 2022
2022 Summer Session, National College for DUI Defense, Inc., Chicago, Illinois, July 15, 2022
“Professional Responsibility”, Illinois State Bar Association, Lake Geneva, Wisconsin, June 12, 2022
“60 Tips in 60 Seconds”, Illinois State Bar Association, Lake Geneva, Wisconsin, June 10, 2022
“The Future is Now: Emerging Technologies and National Security Law”, Chicago-Kent College of Law IIT, Chicago, Illinois, February 17, 2022
“New Criminal Laws for 2022”, McHenry County Bar Association, Woodstock, Illinois, February 3, 2022
“New Year, New Laws”, McHenry County Bar Association, Woodstock, Illinois, January 25, 2022
Criminal Law Section March 2021 Meeting, McHenry County Bar Association, Woodstock, Illinois, March 4, 2021
“Nazi Crimes and Legal Ethics”, Chicago-Kent College of Law, IIT, Chicago, Illinois, March 3, 2021
“Demystifying Cannabis in Illinois”, Illinois State Bar Association, Springfield, Illinois, March 3, 2021
“9/11 at 20: Enhanced Interrogation and Torture”, Chicago-Kent College of Law, IIT, Chicago, Illinois, February 28, 2021
“9/11 at 20: Military Detention and Commissions; Balancing Security and Freedom”, Chicago-Kent College of Law, IIT, Chicago, Illinois, February 28, 2021
“9/11 at 20: Trying the Terrorists”, Chicago-Kent College of Law, IIT, Chicago, Illinois, February 28, 2021
“9/11 at 20: Homeland Defense After 9/11…An Island no More”, Chicago-Kent College of Law, IIT, Chicago, Illinois, February 21, 2021
“9/11 at 20: Intelligence and Surveillance”, Chicago-Kent College of Law, IIT, Chicago, Illinois, February 21, 2021
“Hate Speech and the First Amendment”, Decalogue Society of Lawyers, Chicago, Illinois, August 13, 2020
“60 Tips in 60 Seconds”, Illinois State Bar Association, Lake Geneva, Wisconsin, May 24, 2020
“Diversity and Inclusion: Increasing Diversity Within the Legal Profession”, Illinois State Bar Association, Lake Geneva, May 24, 2020
“Holocaust and the Law: Lessons for Today”, Chicago-Kent College of Law, IIT, Chicago, Illinois, February 9, 2020
Criminal Law Section January 2020 Meeting, McHenry County Bar Association, Woodstock, Illinois, January 16, 2020
Criminal Law Section November Meeting, McHenry County Bar Association, Woodstock, Illinois, November 7, 2019
“Expungement and Sealing”, McHenry County Bar Association, Woodstock, Illinois, October 3, 2019
“The Jaded Lawyer: Compassion Fatigue & Burnout”, McHenry County Bar Association, Woodstock, Illinois, September 24, 2019
“Solving the Mystery of DUI Acquittals”, 23rd Annual DUI Means Defend with Ingenuity Seminar, National Association of Criminal Defense Lawyers, Las Vegas, Nevada, September 21, 2019
PUBLICATIONS
People v. Greer, 2025 IL App (1st) 232302-U, Defendant’s conviction for aggravated driving under the influence based on actual impairment were reversed, Case Summary, Traffic Laws and Courts Section Council Newsletter, May 2026, Volume 35, Number 5.
City of Lake Forest v. Rey Martinez-Galarza, 2025 IL App (2d) 240352, Arresting Officer did not unreasonably prolong a traffic stop, Case Summary, Traffic Laws and Courts Section Council Newsletter, July 2025, Volume 35, Number 1.
People v. Redmond, 2022 IL App (3d) 210524, Odor of Burnt Cannabis Insufficient to Support Probable Cause for Search, Case Summary, Traffic Laws and Courts Section Council Newsletter, July 2023, Volume 33, Number 1.
People v. Jackson, 2022 IL App (3d) 19062, Parking on the Curb Is Not the Same as Changing Lanes for Signal Purposes, Case Summary, Traffic Laws and Courts Section Council Newsletter, May 2022, Volume 31, Number 3.
People v. Mueller, 2021 IL App (2d) 190868, Defense Must Prove Blood Draw Was Carried Out by State Actors, Case Summary, Traffic Laws and Courts Section Council Newsletter, May 2021, Volume 30, Number 4.
People v. Althoff, 2020 IL App 2d 180993, Case Summary, No Video, No Discovery Violation, Traffic Laws and Courts Section Council Newsletter, October 2020, Volume 30, Number1.
People v. Mueller, 2018 IL App (2d) 170863, No Erratic Driving for Touching Center Yellow Line and White Fog Line, Case Summary, Traffic Laws and Courts Section Council Newsletter, August 2019, Volume 29, Number 1.
People v. Relwani, 2018 IL App (3d) 170201, Statutory summary suspension affirmed where petitioner failed to present some evidence that parking lot did not constitute a public highway, Case Summary, Traffic Laws and Courts Section Council Newsletter, December 2018, Volume 28, Number 2.
People v. Swanson, 2016 IL.App (2d) 150340, No. 2-15-0340, Warrantless entry into Defendant’s home was not justified, Case Summary, Traffic Laws and Courts Section Council Newsletter, June 2016, Volume 25, Number 4.
People v. Strobel, 2014 IL App (1st) 130300, 383 Ill.Dec. 591 (1st Dist. 2014), The Appellate Court found that the Trial Court abused its discretion in barring testimony regarding field sobriety tests and barring the introduction of the video depicting defendant’s performance on the field sobriety tests because of the lack of any audio recording, Case Summary, Traffic Laws and Courts Section Council Newsletter, February 2015, Volume 24, Number1.
City of Highland Park v. Kane, 2013 IL App (2d) 120788; 2013 Ill. App. LEXIS 228, Court is not limited to bases cited by the Officer for effectuating the stop. Defendant’s failure to signal her turn, although the Arresting Officer never issued her a citation for this violation, and testified that the sole basis for stopping Defendant was based upon another disputed violation, provided the Arresting Officer a proper basis to stop Defendant, Case Summary, Traffic Laws and Courts Section Council Newsletter, June 2013, Volume 22, Number 4.
Issues in DUI Search and Seizure, The Legality of Search and Seizure in DUI Cases, “Inside the Minds” Series of Aspatore Press, 2012 Edition.
People v. Smulik, 964 N.E.2d 183, 2012 Ill.App LEXIS 7 (2nd Dist. 2012), Defendant’s motion to quash affirmed where informant merely reported contemporaneous non-inculpatory observations regarding the description and location of defendant’s vehicle, and informant’s information contained no “predictive value”, Case Summary, Traffic Laws and Courts Section Council Newsletter, May 2012, Volume 21, Number 4.
People v. Taylor, 965 N.E.2d 431 (2011), State properly laid foundation for admission of video recording into evidence under the “silent witness” theory, Case Summary, Criminal Justice Section Council Newsletter, March 2012, Volume 55, Number 4.
People v. Barwan, et al, 954 N.E.2d 427, 2011 IL App (2d) 100689 (2011), the Trial Court improperly assessed the evidentiary support for the allegations contained in the indictments, that the present offense was each defendant’s third DUI “violation,” rather than assessing the legal sufficiency of each indictment. The Trial Court erred when it considered the pending status of Defendants’ second DUI cases in granting defendants’ motions to dismiss, Case Summary, Traffic Laws and Courts Section Council Newsletter, March 2012, Volume 21, Number 3.
People v. Price, 2011 Ill.App. LEXIS 1257; 2011 Ill.App. (4th) 110272, The Arresting Officer’s testimony regarding the size of the air freshener, how it swayed back and forth, and that it would have obstructed defendant’s view based on defendant’s sitting position, provided the Arresting Officer reasonable suspicion, based on a material obstruction, to justify the Arresting Officer stopping Defendant’s vehicle, Case Summary, Traffic Laws and Courts Section Council Newsletter, March 2012, Volume 21, Number 3.
People v. Geier, 407 Ill.App.3d 553, 348 Ill.Dec. 552 (2nd Dist. 2011), Initial probable cause did not dissipate merely because Arresting Officer continued to follow motorist for two to four miles, after observing traffic violation, before stopping motorist, Case Summary, Traffic Laws and Courts Section Council Newsletter, August 2011, Volume 21, Number 1.
People v. Maldonado, 932 N.E.2d 1038, 342 Ill.Dec. 577 (2nd Dist. 2010), The Appellate Court held that Public Acts 94-114 and 94-116 created a statutory ambiguity that must be resolved in favor of the more lenient provision. The Appellate Court held that subsection (c-1)(4) controlled over subsection (c-16) of the DUI statute. The Appellate Court affirmed Defendant’s conviction of DUI, but reduced the offense to a Class 1 felony, vacated defendant’s sentence, and remanded for resentencing. Case Summary, Traffic Laws and Courts Section Council Newsletter, November 2010, Volume 20, Number 2.
People v. Bridgewater, 235 Ill.2d 85 (2009), Where defendant was arrested for obstruction for failing to obey police officer’s commands during a traffic stop, search of defendant’s car was unreasonable, Case Summary, Criminal Justice Section Council Newsletter, August 2010, Volume 54, Number 1.
People v. Nunez, Docker No. 108189, Supreme Court of Illinois 2010 Ill. LEXIS 2010, The fact that Defendant’s driver’s license was revoked at the time he drove while under the influence is not an element of the DUI offense, but rather it was a factor that served to enhance the sentence classification from a misdemeanor to a Class 3 felony DUI. As a matter of law, Defendant’s Driving While License Revoked (DWLR) offense was not a lesser-included offense of aggravated DUI, Case Summary, Traffic Laws and Courts Section Council Newsletter, June 2010, Volume 19, Number 4.
People v. McDonough, 395 Ill.App.3d 194, 334 Ill.Dec.764 (4th Dist. 2009), In this DUI case, the Trial Court granted Defendant’s motion to suppress evidence on the ground that the State Trooper had improperly seized Defendant. Because the State Trooper did not engage in any police misconduct, the 4th District Appellate Court reversed the Trial Court, ruling that the exclusionary rule did not apply to this case, Case Summary, Traffic Laws and Courts Section Council Newsletter, March 2010, Volume 19, Number 3.
People v. Hacker, No. 4-08-0422, 2009 Ill.App. LEXIS 65, Petition to Rescind Statutory Summary Suspension denied where Defendant failed to produce evidence demonstrating that roadblock was an illegal drug interdiction checkpoint or that police lacked probable cause for stop, Case Summary, Traffic Laws and Courts Section Council Newsletter, June 2009, Volume 18, Number 4.
People v. Owens, 384 Ill.App.3d 670 (3rd Dist. 2008), Defense Attorney’s failure to consult with Defendant regarding the filing of a motion to reconsider sentence constituted ineffective assistance of counsel, Case Summary, Criminal Justice Section Council Newsletter, May 2009, Volume 52, Number 5.
People v. James C. Ewing, No. 4-07-0184, An informant tip received by telephone may form the basis of a Terry Stop if the tip is reliable and the tip allows the police officer to reasonably infer that a person was involved in criminal activity, Case Summary, Traffic Laws and Courts Section Council Newsletter, September 2008, Volume 18, Number 1.
People v. Whitfield, 2007 Ill.Lexis 1706, Defendant not entitled to sentencing credit for time spent on void Probation, Case Summary, Criminal Justice Section Council Newsletter, May 2008, Volume 51, Number 4.
People v. Catherine Sturgess, 364 Ill. App. 3d 107; 845 N.E.2d 741; 300 Ill. Dec. 852 (1st Dist.), Case Summary, Traffic Laws and Courts Section Council Newsletter, March 2007, Volume 16, Number 3.
Mr. Franks remains committed to helping clients navigate difficult legal situations while protecting their rights, driving privileges, reputation, and future opportunities.