Thursday, July 26, 2012

The other huge case in Will County.

Until recently, there were two huge cases pending in Will County, the State of Illinois v. Drew Peterson and the Village of Plainfield v. Michael Huseman.  One of those cases was just decided very favorably for the defense.  Sorry Drew!!

Most of you will recall that I have been waging a seven month battle against a speeding ticket (details HERE).  You will recall that I was on the way to court when I was ticketed and there is an Illinois statute that grants immunity to lawyers on their way to court.   

Well, I found out recently that the speeding ticket has been dismissed.  HOWEVER, it is the Village's position that that they have the right to re-file the ticket!!  The Village claims that  the current dismissal cures the statutory violation, but if they re-file the ticket my statutory immunity somehow does not come into play.  That does not make any sense whatsoever.  You can re-file the ticket ten times and they will all still relate back to the original traffic stop where I was unlawfully detained.  They must know something I don't.  We'll see what happens.  I will keep you apprised of any developments.  


Brian D. Moore said...

I remember reading - some years ago - that police officers avoid violating this rule by taking the attorney's driver's license and letting him/her go off to court. The officer writes up the ticket and leaves it with the license at the station for the attorney to pick up...

Michael W. Huseman said...

That's what they should do. That's not what they did to me.