Publications

Illinois Bar Journal
Articles on Driving Under the Influence

What’s New in Traffic Law for 2014 By Larry A. Davis and Thomas C. Speedie November 2014 Article, Page 532 Are you a lawyer who represents drivers, or maybe one who gets behind the wheel from time to time? Here are nine important traffic law developments.
Bill would allow restricted driving permits after four DUI convictions By Janan Hanna March 2014 Lawpulse, Page 114 The proposed permit would allow four-time offenders to drive under limited circumstances after their vehicles are equipped with breathalyzer ignition devices.
The last word on People v Elliott is ‘rescind’ By Janan Hanna March 2014 Lawpulse, Page 114 A man's conviction for driving on a suspended license stands even though the underlying suspension is rescinded, the Illinois Supreme Court rules, after thoroughly analyzing the meaning of "rescind."
The Medical Cannabis Act and Illinois DUI Law By Larry A. Davis March 2014 Article, Page 128 The Medical Cannabis Act makes important changes to DUI law, some of which are likely to inspire litigation.
Reformers: trace law unfairly punishes drug users who are not DUI By Janan Hanna March 2014 Lawpulse, Page 114 Proponents are championing legislation to eliminate harsh penalties for drivers who had traces of illegal drugs in their system but were not driving while impaired.
Dramshop: Strict damage caps for the Illinois Insurance Guarantee Fund By Adam W. Lasker January 2014 Lawpulse, Page 10 Supreme Court resolves a split in appellate decisions to strictly cap the fund's liability, despite a harsh result for the parents in Rogers.
Tighter regulations for boating under the influence October 2013 Illinois Law Update, Page 504 Any person operating or having physical control of a motorboat in Illinois who has been involved in a personal injury or fatal boating accident shall now be presumed to have consented to a blood, breath, and urine test for the purposes of determining the content of alcohol or other drugs in the person's blood if arrested for a violation of the Boat Registration and Safety Act or similar provisions of local laws. 625 ILCS 45/5-16c new.
Refusal to honor POA for property; six-juror DUI trials. September 2013 Column, Page 483 What if the bank won't accept your client's valid POA for property? Might six jurors be better than 12 for your DUI trial? Here's what other lawyers think, based on Qs and As gleaned from ISBA discussion groups.
Vehicle seizures expanded to out-of-state drivers. PA 097-0984 July 2013 Illinois Law Update, Page 336 Drivers with out-of-state licenses revoked or suspended for driving while intoxicated, hit and run, reckless homicide, or various other statutory suspensions are now subject to Illinois' provisions for seizure and forfeiture.
Recording police interrogations: bill would expand beyond homicide cases By Adam W. Lasker February 2013 Lawpulse, Page 66 Illinois was among the first states to require taped interrogations in homicide cases. Now it lags behind as other states pass broader laws. Proposed legislation would put Illinois back in the front ranks, proponents say.
Supreme court: ’reasonable suspicion’ enough for traffic stop By Adam W. Lasker October 2012 Lawpulse, Page 514 "Reasonable suspicion," not the more exacting "probable cause," is threshold requirement for an investigatory traffic stop, the Illinois Supreme Court held in a recent DUI ruling.
Uncounseled misdemeanor convictions can trigger felony DUI sentences By Adam W. Lasker July 2012 Lawpulse, Page 346 The Illinois Supreme Court ruled that prior misdemeanor DUI convictions – even if the defendant was unrepresented – can be used to bump a later DUI charge to a felony.
Missing Video Evidence in DUI Cases after People v. Kladis By Thomas Kantas May 2012 Article, Page 250 In Kladis, the Illinois Supreme Court ruled that the state commits a discovery violation if it loses or destroy video evidence in a misdemeanor DUI case. Here's a look at this and related cases.
The bloody truth about DUI testing By Helen W. Gunnarsson October 2011 Lawpulse, Page 490 Just because the state has blood test results to use against your DUI client doesn't mean the case is over, a defense lawyer argues.
The Monitored Device Driving Permit: What Practitioners Need to Know By Larry A. Davis October 2011 Article, Page 506 Illinois replaced the judicial driving permit with the monitored device driving permit ("MDDP"), which requires a large number of DUI offenders to use a breath interlock device. This article reviews the law and recent changes.
DUI Will Travel: When Drunk Driving Crosses State Lines By Theodore J. Harvatin August 2011 Article, Page 406 What happens when an Illinoisan receives a DUI in another state or an out-of-stater is charged in Illinois? Here are the basics.
Increased fines for DUI offenders. PA 096-1342 August 2011 Illinois Law Update, Page 388 The Illinois Vehicle Code has been amended to increase the fine for anyone who is found guilty of or pleads guilty to driving under the influence. 625 ILCS 5/11-501.01.
An aggravated DUI charge based on trace evidence of methamphetamine did not require the state to show that impairment was the proximate cause of the victims’ deaths July 2011 Illinois Law Update, Page 336 An appellate court erred when it reversed the conviction of a man convicted at trial of driving under the influence (DUI) even though there was no evidence of a casual link between impairment caused by a trace amount of methamphetamine and a car accident that killed two people. (See LawPulse in the June IBJ for more about Martin.)
Hutsell: Parents not liable for death of underage DUI driver By Helen W. Gunnarsson July 2011 Lawpulse, Page 330 The high court held that parents who hosted a party did not voluntarily undertake the duty to prevent underage drinking.
Trace amount of methamphetamine supports aggravated DUI conviction By Helen W. Gunnarsson June 2011 Lawpulse, Page 280 After People v Martin, the state need only prove that the driver who causes a fatal accident had methamphetamine in his system, not that it impaired his performance.
Change in Monitoring Device Driving Permit issuance procedure for DUI offenders. PA 096-1526 April 2011 Illinois Law Update, Page 180 The Illinois Vehicle Code has been amended to modify the Monitoring Device Driving Permit (MDDP) issuance procedure for first offenders arrested for driving under the influence of alcohol, drugs, or other intoxicating compounds.
Defending a DUI client who said “no” to the police By Helen W. Gunnarsson April 2011 Lawpulse, Page 174 Among other techniques, use voir dire to help tell your story and underscore the defendant's constitutional right to refuse testing and other requests. Defending a DUI case? West suburban lawyer Donald J. Ramsell provides practical tips for defending DUI refusals in jury trial cases in the March 2011 issue of ISBA's Traffic Laws and Courts section newsletter.
Law expanded for police to seize vehicles operated in violation of law. PA 096-1289 April 2011 Illinois Law Update, Page 180 State lawmakers recently expanded offenses for which police may seize a vehicle. Vehicles, vessels, and aircrafts operated in Illinois are subject to seizure if the owner knows and consents to the use and that use violates certain laws. (720 ILCS 5/36-1).
Change to DUI law would limit court involvement in MDDP process By Helen W. Gunnarsson February 2011 Lawpulse, Page 66 No longer will a court hearing or order be required for issuing a monitoring device driving permit if a new bill is signed into law.
The preclusive effect of summary suspension hearings in subsequent adjudication December 2010 Illinois Law Update, Page 616 On September 23, 2010, the Supreme Court of Illinois held that the Circuit Court of Champaign County's finding of probable cause at the hearing on plaintiff's petition to rescind his statutory summary suspension, pursuant to 625 ILCS 5/2-118.1, did not bar the issue of probable cause from re-litigation in a civil suit for malicious prosecution.
Dramshop Act does not block respondeat superior claim for employee drunk driving November 2010 Illinois Law Update, Page 564 On August 18, 2010, the Appellate Court of Illinois, First District, overturned a grant of summary judgment by the Circuit Court of Cook County, finding that the Dramshop Act does not preempt claims based on legal theories independent from the defendant's provision of alcohol.
Penalties stiffened for drunken supervisors of minors driving vehicles. PA 096-1237 November 2010 Illinois Law Update, Page 564 Supervisors of minors driving with instruction permits are now subject to stricter penalties if they use alcohol or drugs while accompanying or instructing the minors. (625 ILCS 5/11-507)  
2010 Spring Session Roundup By Jim Covington August 2010 Column, Page 404 A summary of key Illinois legislation passed this spring.
The legal significance of the difference between “in his breath” and “on his breath” July 2010 Illinois Law Update, Page 348 On April 16, 2010, the Appellate Court of Illinois, Second District, reversed a conviction for driving under the influence (DUI) by the Lee County Circuit Court holding that evidence was insufficient to establish that defendant had cannabis in his breath, blood or urine when he was driving.
Supreme court: HGN testing is good evidence, but not in this case By Helen W. Gunnarsson April 2010 Lawpulse, Page 174 In People v McKown, the high court rules that HGN tests meet the Frye standard - if they're administered properly.