Legal Question in Traffic Law in Illinois

hit and run and motion in limine

I was cited for a hit and run accident for damage to my own vehicle (no other damage), and given a date to appear for a jury trial after the arraignment. I have two questions:

1. My attorney filed a motion in limine seeking that any admissions, confessions, or statement made by me be stricken from the record, since in the motion of discovery, the state failed to mention anything stated by me, the defendant. The state did give the traffic accidne report, with the police officer's name. If the motion is accepted, can the police officer testify about what I said or other people said?

2. The statute, 403 in 625 ILCS says damage to a vehicle, which states that failure to file a report is the exact nature of the crime. Other statutes state that there must be at minimum $500 damage. Would this mean I could infer that $495 damage means that no report needs to be made.

Thank you for your assistance.


Asked on 8/14/00, 5:59 pm

2 Answers from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: hit and run and motion in limine

I assume that you paid your present lawyer. Why would you want another lawyer to second guess your? It seems to me that he or she is doing a good job.

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Answered on 9/18/00, 3:02 pm
Zedrick Braden III

Re: hit and run and motion in limine

Hello and thank you for your

question. If the motion in

limine is granted, all confessions, statements, etc.

should be excluded since the

State did not provide you

with any during the discovery

phase. However, the court

may allow the officer to

testify to statements, under

certain exceptions to the

hearsay rule. As to an

accident report, an accident

report should be filed regard-

less of the amount of the

damage in an accident case.

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Answered on 9/19/00, 1:12 am


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