Kane County Nuggets

Internal education and training for the Kane County State's Attorney's Office.

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DUI Count Dismissed When It Was Filed Over A Year After The Original Charges

January 2, 2023 By Samuel Partida, Jr.

People v. McBride, 2022 IL App (4th) 220301 (December). Episode 853 (Duration 8:32)

Williams Rule means aggravated DUI count must be dismissed.

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Filed Under: Blood, Charges, Speedy Trial Tagged With: Williams Rule

Cherry Picking Evidence In A DUI Traffic Stop Is What You’re Supposed To Do

September 27, 2022 By Samuel Partida, Jr.

People v. Patel, 2020 IL App (4th) 190917 (September).  Episode 820 (Duration 9:37)

Trial court inappropriately grants the motion to suppress evidence in the DUI case.

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Filed Under: DUI, Traffic Stop

There Is A Difference Between Implied Consent And Actual Consent To A Blood Draw

September 23, 2022 By Samuel Partida, Jr.

People v. Patel, 2020 IL App (2d) 190532 (September). Episode 819 (Duration 7:05)

In a DUI trial State admitted results of blood and urine tests relying on defendant’s actual consent and not relying on an implied consent.

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Filed Under: Blood, Consent To Search

Falling Asleep Behind The Wheel Then Waking Up Still Gets You Stopped

July 22, 2022 By Samuel Partida, Jr.

People v. Shelton, 2020 IL App (2d) 170453-B (August). Episode 805 (Duration 6:55)

Report that a driver was asleep behind the wheel justified stopping the car for an investigatory stop.

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Filed Under: Anonymous Tip, DUI, Traffic Stop

Is Stopping Too Long At A Red Light Illegal?

July 22, 2022 By Samuel Partida, Jr.

People v. Araiza, 2020 IL App (3d) 170735 (August). Episode 804 (Duration 11:40)

Stopping too long at a light before turning is not a proper basis for a stop.

[Read more…]

Filed Under: DUI, Traffic Stop

DUI On A Bridge Causes Huge Jurisdiction Problem

June 26, 2020 By Samuel Partida, Jr.


People v. Lampert
, 2019 IL App (5th) 180248 (May)
. Episode 640 (Duration 16:08)

Defendant crashes on the bridge from Illinois to Kentucky fun jurisdictional SNAFU ensues.

[Read more…]

Filed Under: DUI, Police

Statutory Summary Suspension Gamensship or Just Good Lawyering?

June 8, 2020 By Samuel Partida, Jr.

People v. Stoffle, 2020 IL App (2d) 190431 (June). Episode 782 (Duration 18:47)

Does a state’s objection to defendant’s discovery request toll Trainor?

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Filed Under: Discovery, Suspension

DUI Probable Cause And Chicken Wing Hot Sauce In Your Beard

June 4, 2020 By Samuel Partida, Jr.

People v. Bailey, 2019 IL App (3d) 180396 (May). Episode 631 (Duration 15:01)

Food in your beard is not particularly indicative of anything.

[Read more…]

Filed Under: DUI, Police, Probable Cause, Traffic Stop

When it Comes To Hospital Blood Is There A Conflict Between Rules of Evidence And The Vehicle Code?

June 1, 2020 By Samuel Partida, Jr.

People v. Deroo, 2020 IL App (3d) 170163 (May). Episode 779 (Duration 9:20)

Hospital blood admitted despite conflict between the rules of evidence and clear legislation on the matter.

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Filed Under: Blood

Compulsory Joinder Required That The Later Amended Charge Be Filed With The Original Charge

May 18, 2020 By Samuel Partida, Jr.

People v. Rogers, 2020 IL App (3d) 180088 (May). Episode 773 (Duration 13:42)

Defense counsel should have filed a motion to dismiss based on a speedy trial violation.

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Filed Under: DUI, Speedy Trial

Rule Of Lenity Saves This Lady From 180 Days In Jail

April 29, 2020 By Samuel Partida, Jr.

People v. Rowell, 2020 IL App (4th) 190231 (April). Episode 766 (Duration 5:32)

Is 6 months jail a mandatory sentencing provision for a DUI when a child is in the car or is it a discretionary sentence?

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Filed Under: Aggravation, DUI

Court Is Taking The Discovery Rules Seriously In Summary Suspension Hearings

April 20, 2020 By Samuel Partida, Jr.

People v. Patel, 2019 IL App (2d) 170766 (March). Episode 603 (Duration 19:01)

State failed to produce discover for the SSS Hearing, they subsequently blew Trainor.

[Read more…]

Filed Under: Discovery, Police, Suspension

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