Legal Question in Traffic Law in Illinois

Prosecuting fine only violations of the Illinois Vehicle Code in Cook County

This is my question. Five years ago I received a speeding ticket from the Village of Niles and it was written as the City of Niles v Me and I was charged with 625 ILCS 11-601(b)the state statue on speeding. I can across some case law dealing with 625 ILCS 5/16-102 (c). It said that all prosecutions for violations of the IVC have to be in the name and by the authority of the People of the State of Illinois and all prosecutions for Ordinance violations have to be in the name of the municipality where the ordinance was violated. The case law I can across involved three traffic accident cases from the Village of Hoffman Estates. The second part of the question is what is the policy of the Cook County States Attorneys Office in delegating authority to prosecute for fine only violations of the Illinois Vehicle Code? Did they send a letter out giving blanket authority to all municipality's to prosecute for fine only violations of the Illinois Vehicle Code? Or do they delegate authority to prosecute for fine only violations of the Illinois Vehicle Code on a case by case bases? Any help you can give me would be great.

Thanks


Asked on 1/03/08, 6:50 pm

1 Answer from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

Re: Prosecuting fine only violations of the Illinois Vehicle Code in Cook County

1. What was the disposition of the speeding ticket, what was the ticket number and what was the ticket amended in court to another violation.

2. You need to do a FOIA request to get the specific information. It appears to me that they do it on a case by case bases.

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Answered on 1/05/08, 11:04 pm


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