CAN THE NATURE OF THE ROAD BE A DEFENSE TO AN ILLINOIS TRAFFIC TICKET OR DUI?

In reviewing a traffic ticket or DUI, the court generally reviews all the facts of your case. In some situations, the type of road you were driving on may become important.

For example, does an officer have probable cause to stop you for improper lane usage if the road is particularly twisty? The answer may be no. See our related post What is Improper Lane Usage Under Illinois Law.

You may not legally pass a school bus that is signaling a stop. However, this law does not apply to certain types of roads. See our related post Passing a School Bus in Illinois.

In People v. Bowden, the defendant was stopped for failing to signal a lane change. The stop led to defendant’s arrest for possession of methamphetamine. However, the court granted defendant’s motion to suppress the evidence based on the nature of the road. The road had widened from a single lane into two separate lanes. The defendant had followed the right fog line with no abrupt movement in either direction. Thus, the officer lacked probable cause for the stop as no lane change had occurred.

If you have been charged with traffic or DUI offense, contact an experienced attorney immediately. An attorney can review your case for its best possible defense. Do the police have probable cause to arrest you? The answer to that question may be less than straightforward when all the facts and circumstances of your situation are taken into account. Even if the police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)