By Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
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…]By Samuel Partida, Jr.
People v. Howard, 2022 IL App (3d) 210134 (March). Episode 935 (Duration 6:42)
The officers in this case did not testify that no governmental body maintained the parking lot. Instead, they stated that they did not know who owned or maintained the parking lot.
[Read more…]By Samuel Partida, Jr.
People v. Sandoval, 2023 IL App (2d) 220155 (January). Episode 923 (Duration 5:52)
The State should have been allowed to stand on the officer’s official reports to rebut defendant’s prima facie case that he was not under the influence.
[Read more…]By Samuel Partida, Jr.
People v. Boyd, 2023 IL App (2d) 220053 (January). Episode 922 (Duration 4:35)
Court does not accept the defense deceptive practice because it would improperly skew statutory summary suspension proceedings in favor of defendants, which the law does not allow, and would encourage gamesmanship.
[Read more…]By Samuel Partida, Jr.
People v. Swanson, 2021 IL App (3d) 190196 (July). Episode 904 (Duration 6:10)
The fact that the defendant received the confirmation after his suspension was set to begin and his driving abstract did not show that he was suspended until after the fact is of no consequence.
[Read more…]By Samuel Partida, Jr.
People v. McNally, 2022 IL App (2d) 180270. Episode 869 (Duration 20:24)
State amends a sworn report and the defense objects to everything.
[Read more…]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?
Read moreBy 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…]By Samuel Partida, Jr.
Scott’s Law in Illinois is the requirement that drivers slow down and move over when police cars or other emergency vehicles are stopped on the roadway.
[Read more…]