Probable cause in your DUI case
By Hon. Joel Berg
Traffic Laws and Courts,
October 2018
An at-a-glance reference for the next time you have a summary suspension or motion to suppress hearing in a DUI case.
Guillermo, Brantley, and appellate court conflicts: What’s a lawyer to do?
By Hon. Joel Berg
Traffic Laws and Courts,
May 2017
Guillermo and Brantley raise important issues, but how much and to whom do they apply? Both appear to create a conflict in the Appellate Court. Yet the nature and extent of those conflicts are unclear. And both sides—prosecution and defense—have arguments, but it’s unclear who wins.
Litigating Kladis
By Hon. Joel Berg
Traffic Laws and Courts,
October 2016
In People v. Kladis, the Illinois Supreme Court approved extreme sanctions for the loss of video evidence. Many thought this a watershed moment in mandating the creation and preservation of video evidence. They were wrong. Subsequent cases illustrate both the narrow nature of the Kladis holding and how misunderstood that holding has been.
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