Articles From Rachel J. Hess

Analyzing People v. Smith: Is the key to improper lane usage what is in the officer’s mind? By Rachel J. Hess Traffic Laws and Courts, May 2012 Even though the case was decided more than 15 years ago, what actually constitutes a violation of improper lane usage is still hotly debated among the districts.
Back to the basics: Challenging the accuracy of field sobriety tests By Rachel J. Hess Traffic Laws and Courts, August 2010 Generally, in order for a “test” to be considered valid, it must be supported by a reasonable degree of validity in accordance with Frye v. United States.
Defending tickets given for passing a school bus By Rachel J. Hess Traffic Laws and Courts, March 2010 In Illinois, the driver of a vehicle shall stop such vehicle before meeting or overtaking, from either direction, any school bus stopped at any location for the purpose of receiving or discharging pupils.
Motions to vacate guilty plea after license suspension by Secretary of State By Rachel J. Hess Traffic Laws and Courts, December 2008 This article addresses the practical use of the ‘2-1401’ motion to vacate a guilty plea.
An argument as to why emergency room medical records are inadmissible in a DUI prosecution By Rachel J. Hess Traffic Laws and Courts, December 2001 Scenario: Defendant was charged with various violations of the Illinois vehicle code including Driving Under the Influence of Alcohol in violation of 625 ILCS 5/11-501(a)(1) and (2).
The State’s motion for nolle prosequiequi is not absolute and may be denied upon a showing of lack of diligence By Rachel J. Hess Traffic Laws and Courts, April 2000 This article addresses the propriety of the State's use of the 'nolle prosequi' on the day of trial or hearing and after a motion to continue is denied.

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