People v. Cruz Aguilar, 2024 IL App (5th) 220651 (December). Episode 1092 (Duration 6:16)
SR-22 suspended driver’s license does not support a felony charge and conviction for aggravated DUI based on no DL.
[Read more…]Reasonable Suspicion And Probable Cause Both Justify A Seizure As Illustrated By This DUI Case
People v. Pellegrino, 2024 IL App (2d) 230343 (July). Episode 1055 (Duration 6:35)
However, even handcuffing the subject of a Terry stop and placing that subject in a squad car does not necessarily transform the stop into an arrest.
[Read more…]Granting Petition To Rescind Suspension Under Madden-Moreland Rule Is Stupid Says The Fourth District
People v. Kotlinski, 2024 IL App (4th) 230526 (June). Episode 1050 (Duration 10:11)
Statutory summary suspensions are intended to remove dangerous drivers from the road, not create a lottery for those who file recission petitions and win a lottery based on a clerical error.
[Read more…]Collective Knowledge Doctrine Applies Even When Off Duty Out Of State Officer Calls In A Traffic Stop
People v. Whiles, 2024 IL App (4th) 231086 (May). Episode 1045 (Duration 11:54)
The collective knowledge of all of the officers involved in the apprehension of a defendant, even if such knowledge is not told to the arresting officer, may be considered by the trial court in determining whether a reasonable suspicion existed.
[Read more…]Does It Make Sense To Give Medical Marijuana License Holders A Pass On This Type of DUI?
People v. Lee, 2023 IL App (4th) 220779 (August). Episode 1006 (Duration 15:36)
We hold that section 11-501(a)(7) of the Vehicle Code did not violate equal protection at the time of defendant’s motor vehicle accident.
[Read more…]Speedy Trial Demand Was Never Made – But Let’s Look At Differences Between In Custody and Out of Custody Defendants
People v. Stevenson, 2023 IL App (3d) 220055 (July). Episode 1003 (Duration 7:14)
It is readily apparent from the record that no clear or obvious error occurred.
[Read more…]All Innocent Behavior Does Not Need To Be Ruled Out To Justify A Traffic Stop
People v. Tennort, 2023 IL App (2d) 220313 (June). Episode 1002 (Duration 12:41)
The fact that the officer observed defendant for three miles before stopping him is not material, as that is not a prolonged period under the facts and circumstances here
[Read more…]Refusing To Provide A Blood Sample Even With A Warrant Is Not Obstructing Justice
People v. Hutt, 2023 IL 128170 (May). Episode 997 (Duration 7:28)
Defendant took no action to affirmatively comply with the search warrant, he also took no action to place his blood or urine out of sight or hide either from view.
[Read more…]BAC of .16 Three Hours After Driving Likely Means Driver Was Way Higher When Stopped
People v. Carlson, 2023 IL App (2d) 210782 (March). Episode 986 (Duration 11:40)
If it can be shown that a motorist was driving during the elimination phase, a subsequent blood test will show a BAC no higher than the motorist’s BAC while driving.
[Read more…]Retrograde Extrapolation, Does 4 Hour Delay Cause Admissibility Problems?
People v. Epstein, 2022 IL 127824 (November). Episode 971 (Duration 14:32)
The BAC test result obtained 4 hours after driving is highly probative regardless of whether retrograde extrapolation may be performed to calculate defendant’s BAC while driving.
[Read more…]- 1
- 2
- 3
- …
- 12
- Next Page »