ISBA CLE

DUI, Traffic, and Secretary of State-Related Issues—2009

Sponsored by the ISBA Traffic Law Section

Bloomington
Friday, September 25, 2009
Eastland Suites Hotel & Conference Center
1801 Eastland Drive (map and directions)
8:55 a.m. – 4:30 p.m.

6.0 MCLE credit hours

This program discusses the increasingly complex issues occurring in traffic and DUI Court, as well as the very complicated sentencing options mandated by the Illinois General Assembly. Program topics include the use of videotape in squad cars, current case law, new case law, legislation, blood/breath/urine testing, Breath Alcohol Ignition Interlock Device (BAIID), Secure Continuous Remote Alcohol Monitor (SCRAM), Monitoring Device Driving Permit (MDDP), the police officer as witness, search and seizure issues, DUI and zero tolerance, and Secretary of State hearing issues. The program is designed for State’s Attorneys, public defenders, and attorneys who practice in the DUI and Traffic Courts—from entry level to advanced practitioners.

Program Coordinator/Moderator:
Alan G. Novick, Attorney at Law, Bloomington

8:55 – 9:00 a.m. Introduction and Opening Remarks
Alan G. Novick

9:00 – 9:30 a.m. Videotaping in Squad Cars
This segment discusses the use of video to prepare witnesses for court, the effectiveness of videos in relation to the officers’ written reports, and the admissibility of video in Summary Suspension and DUI hearings and trials.
Alan E. Jones, Alan E. Jones, P.C., Waukegan

9:30 – 10:00 a.m. Current Case Law, New Case Law, and Current/New Pending Legislation
This segment provides essential information on current case laws, new case laws, and pending legislation. The impact of Appellate and Supreme Court decisions in DUI and traffic courts is also discussed.
J. Brick Van Der Snick
David B. Franks, Franks & Rechenberg, PC, Lake In The Hills

10:00 – 10:15 a.m. Break

10:15 – 11:00 a.m. Hospital v. Forensic Blood: Foundation of Blood, Breath, and Urine Testing
This segment examines the foundation for using blood, breath and/or urine testing pursuant to Illinois State Police rules and regulations in DUI-related cases.
Dr. Ronald Henson, Ph.D., C.P.C.T., Peoria

11:00 a.m. – 12:00 p.m. BAIID and SCRAM
The speaker addresses the use of the Breath Alcohol Ignition Interlock Device (BAIID) and the Secure Continuous Remote Alcohol Monitor (SCRAM) by exploring how these devices work, as well as their impact on the court system.
Donald J. Ramsell, Ramsell & Associates, LLC, Wheaton

12:00 – 1:00 p.m. Lunch (on your own)

1:00 – 2:00 p.m. Direct and Cross Examination of Police Officers
Police officers are, oftentimes, the only witnesses in traffic and DUI-related cases. This segment examines their role as witness and discusses how to direct and cross-examine them in traffic and DUI courts.
Matthew P. Banach, Assistant State’s Attorney, McLean County State’s Attorney’s Office, Champaign
Officer Eric Bauwens, St. Charles Police Department, St. Charles
J. Brick Van Der Snick

2:00 – 2:30 p.m. Traffic Stop Search and Seizure Issues
The speaker focuses on current issues relative to search and seizure that impact traffic and DUI courts.
George G. Livas, Attorney at Law, Skokie

2:30 – 2:45 p.m. Break

2:45 – 3:45 p.m. DUI/Statutory Summary Suspension—Zero Tolerance
This segment is presented as a panel discussion—with Mr. Moran acting as panel moderator—and will provide an overview of the recent statutory changes in the area of DUI and traffic laws.
Matthew P. Banach
Hon. Casey Costigan, Associate Circuit Court Judge, Bloomington
Thomas M. Moran, Ahern, Maloney & Moran, LLC, Skokie
Alan G. Novick

3:45 – 4:30 p.m. Secretary of State Hearing Issues and the MDDP
This segment focuses on Secretary of State hearing issues, including reinstatement of driver’s license, restricted driving permits, CDL, graduated driver’s license, and sentencing issues. Discussion also includes the Monitoring Device Driving Permit (MDDP).
M. Christine Heins, Attorney at Law, Murphysboro
Edward M. Maloney, Ahern, Maloney & Moran, LLC, Skokie