Legal Question in Traffic Law in Illinois

625 ILCS 16-102(c) and proving you have permssion to prosecute

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 came across some case law dealing with 625 ILCS 5/16-102 (c). I did a FOIA request to both the Village of Niles and the Cook County States Attorneys Office about 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. The Cook County States Attorney did not send me a response and the Village of Niles said they do have permission to prosecute violations of the Illinois Vehicle Code but they do not have the letter because it was sent out a long time ago. My question is what is the burden of proof a municipality has in proving they have permission to prosecute violations of the Illinois Vehicle Code if their authority is challenged by the defendant in court? The Village of Niles does have a municipal traffic code that incorporates the Illinois Vehicle Code by reference. Any help you can give me would be great.

Thanks


Asked on 3/06/08, 2:55 pm

1 Answer from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: 625 ILCS 16-102(c) and proving you have permssion to prosecute

You are never going to prevail with that argument. The judge can take judicial notice that Niles has the authority to prosecute traffic offenses that occur within Niles. If that was a viable theory some lawyer would have presented to the courts by now. Save yourself a lot of wasted time and energy.

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Answered on 3/07/08, 11:31 am


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