Illinois criminal and DUI attorney Thomas Glasgow sits down with the Criminal Nuggets Podcast to unravel a controversial DUI case.
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See People v. Guillermo, 2016 IL App (1st) 151799 (May). Episode 177 (Duration 29: 26)
It is quite easy to see that the case of People v. Guillermo has caused quite a little commotion among the Illinois criminal law DUI bar.
Top Illinois DUI lawyers all had the same immediate reaction after reading this case:
“The court got it wrong.”
Holding
No, the court said that the defendant’s petition to rescind presented a controversy ripe for adjudication, and the circuit court did not err in holding a hearing on the petition even though it was not in receipt of the confirmation of suspension issued by the Secretary of State.
Controversy in the Courthouse
It’s been awhile since a case has come down that has caused this much opinionated reaction within Illinois courthouses.
I usually like to take a more tempered approach to cases.
- Maybe it’s just the super cautious attorney in me.
- Maybe I over do it with seeking out the other side’s opinion, or
- Maybe I’m just adverse to “legal friction” between myself and my government lawyer friends.
What’s It All About?
Either way, I really did not understand why the sentiment against the decision in this case was so strong.
At first glance, it just looked like the defense bar had something taken away from them that they were use to having. I thought the reaction was no different than the average sentiment from the “losing” side.
…but I scratched a little deeper to see if I was missing something.
I called upon a good friend of the podcast, Thomas Glasgow, to walk me through it.
Thomas has…
- Authored some reference materials on DUI’s
- He has an extensive practice dealing with licensing matters with the Illinois Secretary of State, and
- He has handled roughly 4,500 DUI cases.
I felt quite comfortable asking Thomas to help me understand if there was some substance behind the almost unanimous sense of outrage to the decision in this case.
…or are we on the defense side just acting like big, whiny babies?
Hit the play button above to listen-in while Glasgow unravels this thing.
Statutes And Cases Discussed By Glasgow
Illinois DUI Resource Page
Check out the Illinois DUI Resource Page
to learn more about DUI in Illinois.
Samuel Partida, Jr. is now prosecuting criminal law cases in an Illinois county near you. He is, therefore, unavailable to answer questions on this site. Always remember, there is no substitute for steady, persistent attention to the cases.