Legal Question in Traffic Law in Illinois

Arrest

My husband was stopped for a traffic stop while driving to work on friday night in Villa Park, IL. The Addison police stopped him and after finding out that his license was suspended they arrested him and impounded our vehicle. I know that they were out of their jurisdiction because Addison, Il is 15 minutes from us. Do we have the right to sue the Addison Police Dept?


Asked on 6/09/08, 8:20 pm

2 Answers from Attorneys
David Shestokas Shestokas, & Associates

Re: Arrest

There is something in Illinois called a police district. Police may exercise their police authority in municipalities sharing a border that are in the same county if they observe a crime being committed. It is likely they checked your husband's license plates and determined that the owner of the vehicle was suspended. That would give them probable cause to stop your husband and follow up on the suspended license. For further information regarding suspended license issues please visit http://shestokas.com/Suspended_License.html

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Answered on 6/10/08, 8:37 am
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Arrest

No, you would not have the right to sue the police for making a valid arrest. As for the case itself, your husband is facing up to one year in jail and up to $2500.00, in fines plus court costs. A lot depends on the reason for the stop, and the "police district" that Mr. Shestokas spoke of. I'm not sure if Villa Park is in Cook County or DuPage County. Cook is a lot more lenient with first offenders than DuPage. A lot depends on the reason for the suspension. If he's suspended for a DUI, in DuPage he's almost certain to get jail time. Please call me for a free consultation.

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Answered on 6/10/08, 11:16 am


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