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Chapter 1 — Non-Alcohol-Related Motor Vehicle Violations - I. [1.1] Introduction
- II. [1.2] Statutory Authority of Traffic Offenses
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III. Ordinance Classification - IV. Territorial Jurisdiction
- V. The Action: Its Form, Nature, and Institution
- [1.9] How Charges Are Enforced
- [1.10] Illinois Supreme Court Rules 570 – 579
- [1.11] Ordinances Having a Fine Limit of $750
- [1.12] Name in Which Action Should Be Brought
- [1.13] Who May Prosecute
- [1.14] Who May Defend
- [1.15] Traffic Enforcement by Private Security Officers
- Methods of Instituting the Action
- [1.16] Citation or Hang-On Ticket
- [1.17] Short-Form Complaint and Summons
- [1.18] Uniform Traffic Citation
- [1.19] Long-Form Complaint
- [1.20] Arrest of the Defendant
- [1.21] Juvenile Traffic Offender
- [1.22] Ancillary Occurrences
- [1.23] Miranda Warnings
- [1.24] Issuance of Warrant
- [1.25] Judicial Liability
- [1.26] Service of Summons
- [1.27] Bail Bond Schedules
- VI. The Statement, Complaint, or Information
- [1.28] Formal Parts of the Complaint or Information
- Requisites of Statement, Complaint, or Information
- [1.29] Citation or Hang-On Ticket
- [1.30] Illinois Supreme Court Rules 570 – 579: Prosecutions of Local Ordinance Violations
- [1.31] Uniform Traffic Ticket: Sufficiency of the Charging Instrument
- [1.32] Short-Form and Long-Form Complaints
- [1.33] Verification of Complaint
- [1.34] Judicial Notice/Electronic Driving Abstracts
- [1.35] Negative Exceptions
- [1.36] Multiple Offenses: Joinder/Consolidation
- [1.37] Amendment of Complaint
- [1.38] Curing Defects
- VII. Pretrial Motions
- VIII. Preliminary Matters
- IX. The Trial
- [1.50] In General: Rules of the Type and Nature of the Proceedings
- [1.51] Proof of Applicable Code Provisions
- [1.52] Stipulations
- [1.53] Hearsay Evidence
- [1.54] Refreshing Recollection: The Use and Abuse of Police Reports
- Noteworthy Cases Regarding Common Traffic Offenses
- [1.55] Speeding
- Parking and Signage
- [1.56] Local Governmental Authority and Administrative Hearings
- [1.57] Rental Cars and Parking Citations
- [1.58] U.S. Military Personnel
- [1.59] Right To Appeal
- [1.60] Traffic Control Signs
- [1.61] Driving Too Fast for Conditions
- [1.62] Illegal Transportation of Alcohol
- [1.63] Vehicle Sticker Violation/Temporary Dealer Plates
- [1.64] Mandatory Insurance Violation
- [1.65] Tinted/Obstructed Windshield
- [1.66] Proof of Scienter or Intent
- [1.67] Proof of Notice
- [1.68] Burden of Proof
- [1.69] Costs and Bond Refund Procedures
- [1.70] Seat Belt Law
- [1.71] Zero-Tolerance/Fake ID Suspensions
- X. Defenses
- [1.72] Proceedings Defectively Tried
- [1.73] Delay in Arrest or Issuance of Ticket
- [1.74] Delay in Proceeding to Trial: Supreme Court Rules 504 and 505
- [1.75] Regulation Not Applicable to Defendant
- [1.76] Regulation Not in Force or Repealed
- [1.77] State Preemption
- [1.78] Entrapment and Necessity
- [1.79] Res Judicata/Double Jeopardy
- [1.80] Attorney’s Statutory Privilege
- XI. Findings
- XII. Punishment
- XIII. Posttrial Procedures
- XIV. [1.99] Ticket Quotas
- XV. [1.100] Vague Statutes and Ordinances
- XVI. [1.101] Special Circumstances Affecting Commercial Drivers’ Licenses
- XVII. [1.102] Motions To Vacate Previous Orders
- Chapter 2 — The Chicago Traffic Court: Procedures and Practices
- I. [2.1] Introduction
- II. [2.2] Case Scheduling in Major and Minor Rooms
- III. Minor Rooms
- IV. [2.9] Traffic Safety School
- V. [2.10] Motion Court
- VI. Major Rooms
- [2.11] Major Room Calls
- [2.12] Statutory Summary Suspension Filings
- [2.13] Defendant’s First Appearance
- [2.14] Pretrial Motions and Motion Practice
- [2.15] Continuances
- [2.16] Alcohol and Drug Evaluations
- [2.17] Monitoring Device Driving Permit
- [2.18] Pleas of Guilty
- [2.19] Bench and Jury Trials
- [2.20] Sentencing
- [2.21] Violations of Supervision and Conditional Discharge
- [2.22] Defendants in Custody
- [2.23] Appeal
- [2.24] Defendant’s Failure To Appear on a Major Case
- VII. [2.25] Conduct
- VIII. [2.26] Appendix — Important Agencies
- Scott F. Anderson
Scott F. Anderson
Scott F. Anderson is a Partner at Blomquist & Anderson in Arlington Heights, where he focuses on criminal defense. He is a member of the Lake County, Northwest Suburban, and Illinois State Bar Associations. Mr. Anderson received his B.A. from the University of Illinois Urbana-Champaign and his J.D. from Chicago-Kent College of Law.
- Charles S. Beach II
Charles S. Beach II
Charles S. Beach II is an Associate Judge of the Circuit Court of Cook County in Chicago. Mr. Beach received his undergraduate degree from Michigan State University and his J.D. from DePaul University College of Law.
- Ernest R. Blomquist, III
Ernest R. Blomquist, III
Ernest R. Blomquist, III, is a Senior Partner at Blomquist & Anderson in Arlington Heights, where he concentrates his practice in criminal litigation and DUI matters. He has served Arlington Heights as its Prosecutor for 46 years. He is a member of the National Association of Criminal Defense Attorneys and a lecturer at the National Judicial College at the University of Nevada, Reno. He has been named Illinois Crime Commission Municipal Attorney Man of the Year, received the IICLE® Addis Hull Award for Excellence in Continuing Legal Education, and received the Highest Rating in Legal Ability and Ethical Standards from the Martindale-Hubbell Peer Review. Mr. Blomquist received his B.A. from Western Illinois University, did postgraduate studies at Northeastern Illinois University Daniel L. Goodwin College of Education, and received his J.D. from Chicago-Kent College of Law. In 2018, he was honored by the Chicago-Kent’s Professional Achievement Award.
Motor Vehicle Violations (ARCHIVED 2017 EDITION)
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