Illinois Appellate Court
Criminal Court
Probable Cause
Defendant was charged with DUI, after sherrif's deputy ticketed her for driving with all four wheels over the fog lane, but did not stop her until two to four miles after violation. Court granted Defendant's motion to quash arrest, finding that deputy was credible but lacked probable cause for stop, with delay in stop being a "significant" factor in its ruling. Officer's observation of traffic violation is sufficient to provide probable cause, and delay between violation and stop does not dissipate probable cause. (HUDSON and BIRKETT, concurring.)