Kane County State's Attorney Podcast
A motion to suppress evidence is a formal request that a judge prevent the state from admitting certain evidence. It’s a formal request to exclude evidence.
Typically, suppression of evidence is warranted after a constitutional violation. A judge almost always has to conduct a hearing with witnesses when deciding whether to grant this motion.
[Read more…]Section 11-502 of the Illinois Vehicle Code states that
no driver may transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle upon a highway in this State except in the original container and with the seal unbroken.”
625 ILCS 5/11-502(a).
There is a scene from “My Cousin Vinny” that perfectly describes how discovery in criminal law works.
Attorney Frank Gambini (Joe Pesci) walks into the room he’s sharing with Mona Lisa Vito (Marisa Tomei) gleaming with pride because he just “finessed” a box of records from the prosecution.
[Read more…]
In Illinois a driver is guilty of a DUI if he is driving while under the influence of alcohol or is in actual physical control of a vehicle.