Recording police interrogations: bill would expand beyond homicide casesBy Adam W. LaskerFebruary 2013Lawpulse, Page 66Illinois 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 stopBy Adam W. LaskerOctober 2012Lawpulse, 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 sentencesBy Adam W. LaskerJuly 2012Lawpulse, Page 346The 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. 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.
DUI Will Travel: When Drunk Driving Crosses State LinesBy Theodore J. HarvatinAugust 2011Article, Page 406What 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 096-1342August 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.
Trace amount of methamphetamine supports aggravated DUI convictionBy Helen W. GunnarssonJune 2011Lawpulse, Page 280After 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.
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.
Law expanded for police to seize vehicles operated in violation of law. PA 096-1289April 2011Illinois Law Update, Page 180State 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).
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.
Dramshop Act does not block respondeat superior claim for employee drunk drivingNovember 2010Illinois Law Update, Page 564On 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.
2010 Spring Session RoundupBy Jim CovingtonAugust 2010Column, Page 404A summary of key Illinois legislation passed this spring.
The legal significance of the difference between "in his breath" and "on his breath"July 2010Illinois Law Update, Page 348On 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.
Representing DUI Clients Before the Secretary of StateBy Helen W. GunnarssonNovember 2009Article, Page 556A plain-language primer on the SOS process, including some unwritten rules about how to represent your DUI client.
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.
The plain language of section 2-118.1(b) of the Vehicle Code suggests alternativesJune 2009Illinois Law Update, Page 284On March 31, 2009, the Illinois Appellate Court, First District, reversed and remanded the judgment of the Circuit Court of Cook County rescinding the statutory summary suspension of the defendant's driver's license.
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).
DUI Law: The BAIID Era BeginsBy Helen W. GunnarssonDecember 2008Article, Page 616Goodbye JDP, hello "monitoring device driving permit." Here's a look at the sweeping new DUI law that takes effect January 1.
Aggravated driving under the influence is a Class 2 felonyNovember 2008Illinois Law Update, Page 554On September 8, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Lake County finding the defendant guilty of aggravated driving under the influence of alcohol, and sentencing the defendant to three years in prison.
HGN tests meet the Frye standardBy Helen W. GunnarssonNovember 2008Lawpulse, Page 548So rules the Tenth Circuit court in the first-ever Illinois Frye hearing on the admissibility of HGN tests as an indicator of drunk driving - assuming various requirements are met.
