The Illinois State Police, by statute, are required to video and audio record a vast array of different types of encounters with civilians while on the job. By June 1, 2011, all Illinois State Police cars were required to contain video and audio recording equipment for the purposes of recording most encounters that a trooper … Continue reading Illinois State Police: What Is Their Obligation With Video And Audio Recording For DUI and Traffic Stops?
Gullberg, Box, Worby & Rodgers Criminal Defense Blog
Move For a Discovery Sanction – Suppression of Evidence Is and Should Be Required When the State Fails to Retain Video In 2011 the Illinois Supreme Court decided People v. Kladis, an important case which every criminal defense attorney should know. In Kladis, an officer had arrested the defendant on a misdemeanor DUI charge. Five … Continue reading What To Do When State Fails to Preserve Audio/Video
DUI – Getting Your Iowa Driver License & Your Illinois Driving Privileges Back When You Have Been Charged With An Illinois DUI In Western Illinois, it’s not uncommon for people to both work and play at different points along the boarder between Illinois and Iowa. When the bars close around 1:45 in the morning in … Continue reading Iowa Driver in Illinois – Your License after DUI Charge
A driver with an Iowa license who is charged with an Illinois DUI as the result of the failure of an Illinois evidentiary breath test – where no other extenuating circumstances are involved – will be subject to a 180-day revocation of his driving privileges in Iowa. This revocation is separate from and in addition … Continue reading Iowa Drivers Arrested For DUI In Illinois Face Double Trouble
Despite the apparent latitude the Illinois Supreme Court gave police with their decision in People v. Hackett,DUI defense lawyers can still look to the safeguards provided by the 4th Amendment. While Hackett facially appears to give law enforcement the ability to stop a car for even a momentary lane crossing (albeit when it happens twice), … Continue reading DUI – Prolonging the Traffic Stop to Observe Evidence May Be Unlawful
DUI TRAFFIC STOP – Illinois Supreme Court decision may allow momentary inadvertent inching across highway lane divider as basis for law enforcement investigatory stop. First Paragraph: On Friday, July 6, 2012, the Illinois Supreme Court overruled the Hackett opinion of the Third District Appellate Court.People v. Hackett, 2012 IL 111781 Prior to the Supreme Court’s … Continue reading DUI TRAFFIC STOP – Illinois Supreme Court allows stop based on momentary inching across highway lane divider