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Criminal Nuggets

Jun 2, 2016

It is quite easy to see that the case of People v. Guillermo has caused quite a little commotion among the Illinois criminal law DUI bar.

Top Illinois DUI lawyers all had the same immediate reaction after reading this case:

“The court got it wrong.”

It’s been awhile since a case has come down that has caused this much opinionated reaction within Illinois courthouses.

I usually like to take a more tempered approach to cases.

- Maybe it's just the super cautious attorney in me.

- Maybe I over do it with seeking out the other side’s opinion, or

- Maybe I’m just adverse to “legal friction” between myself and my government lawyer friends.

Either way, I really did not understand why the sentiment against the decision in this case was so strong.

At first glance, it just looked like the defense bar had something taken away from them that they were use to having. I thought the reaction was no different than the average sentiment from the “losing” side.

...but I scratched a little deeper to see if I was missing something.

I called upon a good friend of the podcast, Thomas Glasgow, to walk me through it.

Thomas has authored some reference materials on DUI’s, he has an extensive practice dealing with licensing matters with the Illinois Secretary of State, and he has handled roughly 4,500 DUI cases.

I felt quite comfortable asking Thomas to help me understand if there was some substance behind the almost unanimous sense of outrage to the decision in this case.

...or are we on the defense side just acting like big, whiny babies?

Listen in while Glasgow unravels this thing.

Statutes And Cases Discussed By Glasgow

625 ILCS 5/118.1(b)

625 ILCS 5/11-501.1(h)

People v. Moreland, 2011 IL App (2d) 100699

People v. Madden, 273 Ill. App. 3d 114 (1995)


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