In the hearing to rescind a statutory summary suspension, the defendant must first present a prima facie case for rescission, then the state must overcome this by presenting evidence justifying the suspension. People v. McClure, 218 Ill.2d 375 (2006). In the rescission hearing, the question that often needs to be asked is whether the arresting … Continue reading Reasonable Grounds or a Hunch
Category Archives: DUI – CHALLENGING THE TRAFFIC STOP
Is it legal to avoid DUI Roadblocks?
Avoiding Roadblocks Often, motorists will seek to avoid roadblocks for a variety of reasons. They may mistake a roadblock for a traffic accident and make a turn or a U-turn prior to reaching the “entrance.” Likewise, motorists may recognize the roadblock for what it is-a roadblock-and seek to avoid it for no reason at all. … Continue reading Is it legal to avoid DUI Roadblocks? →
DUI – Prolonging the Traffic Stop to Observe Evidence May Be Unlawful
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 allows stop based on momentary inching across highway lane divider
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 →