Legal Question in DUI Law in Illinois

Jurisdiction questions and DUI arrests

I was arrested for DUI in for an accident in Woodridge IL. However I was arrested by a Downers Grove,IL police officer that responded to the scene of the accident. Nobody was injured in the accident. The Downers Grove police told myself and the other driver to return to our vehicles and wait for the Woodridge police to arrive since the accident happened in Woodridge. He then returned to my vehicle and said the Woodridge PD would not be responding and he would handle the accident. I was then arrested for DUI. Can this be thrown out because he was not in his jurisdiction and was not pursuing me prior to the accident? How does the jurisdictional laws apply in this situation?


Asked on 11/29/04, 1:10 pm

1 Answer from Attorneys
David Shestokas Shestokas, & Associates

Re: Jurisdiction questions and DUI arrests

There is something called a police district which involves jurisdiction for police officers under the Illinois Municipal Code. It provides that sworn officers in communities that share a boundary within a county may exercise their police powers in the adjoining jurisdiction. There are some limitations on this rule and more regarding your situation would be needed to be known. A DUI is a serious matter. If you wish to discuss your situation in detail, our office number is 630-257-8280.

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Answered on 11/29/04, 5:22 pm


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