Appellate court holds Supreme Court Rule 504 is applicable to DUI cases
Since the Supreme Court's decision in 1976 in Village of Park Forest v. Fagan, 64 Ill. 2d 264, 356 N.E. 2d 59 (1976), it has been this author's experience that many courts have been reluctant or have refused to apply the provisions of Supreme Court Rule 504 (166 Ill. 2d R. 504) to major traffic offenses, such as DUI.
Driving below the posted speed limit as the basis for stopping a vehicle
In an interesting decision (and not uncommon situation confronted by defense counsel) the Second Appellate District has issued a decision in a case where the officer stopped the vehicle for traveling below the posted speed limit. People v. Karen Isaac, 2-01-0660, (filed December 4, 2002).
Three days following the defendant's arrest, he moved the court to preserve all transmissions by the Prospect Heights Police Communications Section for a period of 11/2 hours before his arrest, which occurred at 7:25 p.m. and for 21/2 hours after his arrest.