Tighter regulations for boating under the influenceOctober 2013Illinois Law Update, Page 504Any 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 2013Column, Page 483What 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 097-0984July 2013Illinois Law Update, Page 336Drivers 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.
Missing Video Evidence in DUI Cases after People v. KladisBy Thomas KantasMay 2012Article, Page 250In 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 testingBy Helen W. GunnarssonOctober 2011Lawpulse, Page 490Just 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 KnowBy Larry A. DavisOctober 2011Article, Page 506Illinois 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.
Increased fines for DUI offenders. PA 096-1342August 2011Illinois Law Update, Page 388The 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.
Defending a DUI client who said “no” to the policeBy Helen W. GunnarssonApril 2011Lawpulse, Page 174Among 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.
The preclusive effect of summary suspension hearings in subsequent adjudicationDecember 2010Illinois Law Update, Page 616On 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.
Demystifying Illinois DUI SentencingBy Larry A. DavisJuly 2009Article, Page 352Presenting Illinois’ confusing DUI sentencing options as a chart enables practitioners to see at a glance which penalties their clients face.
Amendments to DUI statute should be harmonizedJune 2009Illinois Law Update, Page 284On March 27, 2009, the Illinois Appellate Court, Third District, reversed the decision of the Circuit Court of Henry County, which granted the defendants' motions to dismiss, holding that two subsections of the DUI statute enacted by PA 94-329 were not embodied in the DUI law, 625 ILCS 5/11-501 (2006), at the time the offenses were alleged to have been committed.
Subpoena for medical recordsJanuary 2009Illinois Law Update, Page 16On October 31, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Logan County denying the state's request for a subpoena duces tecum, seeking release of a defendant's medical records for the day the defendant was charged with driving under the influence (DUI).