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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] Applicable Illinois Supreme Court Rules
- [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 or Summons
- [1.25] Judicial Liability
- [1.26] Service of Summons
- VI. The Statement, Complaint, or Information
- [1.27] Formal Parts of the Complaint or Information
- Requisites of the Statement, Complaint, or Information
- [1.28] Citation or Hang-On Ticket
- [1.29] Illinois Supreme Court Rules 570 – 579: Prosecutions of Local Ordinance Violations
- [1.30] Uniform Traffic Ticket: Sufficiency of the Charging Instrument
- [1.31] Short-Form and Long-Form Complaints
- [1.32] Verification of Complaint
- [1.33] Judicial Notice/Electronic Driving Abstracts
- [1.34] Negative Exceptions
- [1.35] Multiple Offenses: Joinder/Consolidation
- [1.36] Amendment of Complaint
- [1.37] Curing Defects
- VII. Pretrial Motions
- VIII. Preliminary Matters
- IX. The Trial
- [1.49] In General: Rules of the Type and Nature of the Proceedings
- [1.50] Proof of Applicable Code Provisions
- [1.51] Stipulations
- [1.52] Hearsay Evidence
- [1.53] Refreshing Recollection: The Use and Abuse of Police Reports
- Noteworthy Cases Regarding Common Traffic Offenses
- [1.54] Speeding
- Parking and Signage
- [1.55] Local Governmental Authority and Administrative Hearings
- [1.56] Rental Cars and Parking Citations
- [1.57] U.S. Military Personnel
- [1.58] Right To Appeal
- [1.59] Traffic Control Signs
- [1.60] Driving Too Fast for Conditions
- [1.61] Illegal Transportation of Alcohol
- [1.62] Vehicle Sticker Violation/Temporary Dealer Plates
- [1.63] Mandatory Insurance Violation
- [1.64] Tinted/Obstructed Windshield
- [1.65] Proof of Scienter or Intent
- [1.66] Proof of Notice
- [1.67] Burden of Proof
- [1.68] Cost Procedures
- [1.69] Seat Belt Law
- [1.70] Zero-Tolerance/Fake ID Suspensions
- X. Defenses
- [1.71] Proceedings Defectively Tried
- [1.72] Delay in Arrest or Issuance of Ticket
- [1.73] Delay in Proceeding: Supreme Court Rules 504, 505, and 552
- [1.74] Regulation Not Applicable to Defendant
- [1.75] Regulation Not in Force or Repealed
- [1.76] State Preemption
- [1.77] Entrapment and Necessity
- [1.78] Res Judicata/Double Jeopardy
- [1.79] Attorney’s Statutory Privilege
- XI. Findings
- XII. Punishment
- XIII. Posttrial Procedures
- XIV. [1.97] Ticket Quotas
- XV. [1.98] Vague Statutes and Ordinances
- XVI. [1.99] Special Circumstances Affecting Commercial Drivers’ Licenses
- XVII. [1.100] Motions To Vacate Previous Orders
- XVIII. Recent Statutory Matters of Note
- [1.101] Aggravated Speeding
- [1.102] Scott’s Law
- [1.103] Electronic Communication Devices
- [1.104] Child Safety Restraints
- Suspension of Driving Privileges and Driving While Suspended
- [1.105] Suspension of Driving Privileges
- [1.106] The License to Work Act
- [1.107] Driving While Driver’s License, Permit, or Privilege To Operate a Motor Vehicle Is Suspended or Revoked
- Chapter 2 — The Chicago Traffic Court: Procedures and Practices
- I. [2.1] Introduction
- V. [2.10] Motion Court
- II. [2.2] Case Scheduling in Major and Minor Rooms
- III. Minor Rooms
- IV. [2.9] Traffic Safety School
- 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. Appendix
- 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.
- Diann K. Marsalek
Diann K. Marsalek
Diann K. Marsalek is a Judge of the Circuit Court of Cook County in Chicago, where she hears all traffic cases, including DUI. She is a member of the Board of Directors of the Illinois Judges Association and the Board of Directors of the Illinois Judges Foundation. Ms. Marsalek received her B.A. and M.A. from DePaul University and her J.D. from Northern Illinois University College of Law.
- Sarah E. Toney
Sarah E. Toney
Sarah E. Toneyis the Managing Attorney of The Toney Law Firm, LLC, in Chicago, where she focuses on DUI and criminal defense. She is Treasurer of the Illinois State Bar Association, recipient of a 2021 Top Women Lawyers in Leadership Award, and a founding member of the DUI Defense Lawyers Association. She received her B.A. from Miami University and her J.D from Loyola University Chicago School of Law.
Motor Vehicle Violations 2024 Edition
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