Section Newsletters

Articles From Donald J. Ramsell

Automatic Substitution of Judge Wrongfully Denied By Donald J. Ramsell Criminal Justice, February 2023 In People v. Brusaw, the appellate court considered what happens when a defendant files a motion for substitution of judge and the motion is never acted upon.
The new DUI crime laboratory discovery rules By Donald J. Ramsell Traffic Laws and Courts, December 2018 In Illinois, the defendant’s right to obtain full discovery of crime laboratory data, mistakes, and misconduct in DUI cases has been a long and arduous road
Are blood draws under Illinois Implied Injury Consent Injury statutes unconstitutional? By Donald J. Ramsell Traffic Laws and Courts, May 2015 In a recent decision in Illinois, an appellate court was asked to decide whether 11-501.6, the personal injury testing statute, was facially unconstitutional under the 4th amendment in light of Missouri v. McNeely.
Rescinding a suspension bars charge of driving while suspended, says appellate court in People v. Elliott By Donald J. Ramsell Traffic Laws and Courts, December 2012 In the case of People v. Elliott, the defendant was stopped and charged with driving while license suspended. He had previously been arrested for DUI, and the statutory summary suspension had taken two days prior to his arrest for DWLS.
1 comment (Most recent December 22, 2012)
Review of People v. Hall By Donald J. Ramsell Traffic Laws and Courts, March 2012 In this case, because the defendant was a judge, the Illinois Attorney Generals’ office was brought in to handle the matter. Two weeks later, after the assistant attorney general learned that the blood samples were still at the hospital, they were ordered to be released to authorities for testing at the Illinois State Police laboratory. The samples did not contain a preservative.  
Defending DUI refusals in jury trial cases—Practical tips By Donald J. Ramsell Traffic Laws and Courts, March 2011 Some tried-and-true tips to use in a refusal case to help you achieve a not-guilty verdict.
2 comments (Most recent March 14, 2011)
Alcohol monitoring ankle bracelets in DUI cases (SCRAM) By Donald J. Ramsell Traffic Laws and Courts, March 2007 Beginning in December of 2006, Du Page County became the first court in Illinois to allow the use of Alcohol Monitoring Ankle Bracelets in court cases involving DUO Attests.
Are all breath tests taken in Illinois between 1986 and 2000 invalid? Two recent developments suggest that they are By Donald J. Ramsell Traffic Laws and Courts, November 2002 Recently, two important court rulings have occurred which, in effect, prohibit the introduction of all breath tests in DUI prosecutions for arrests occurring between January 1, 1986 and December 31, 2000.
Field sobriety tests in Illinois: Valid psychophysical tests or voodoo science? By Donald J. Ramsell Traffic Laws and Courts, February 2002 I recently had the opportunity to become certified in standardized field sobriety testing under the National Highway Traffic Safety Administration (NHTSA) Program, run by the International Association of Chiefs of Police.
Breathalyzer logbooks—What they don’t and won’t tell you By Donald J. Ramsell Traffic Laws and Courts, April 1999 Each breath instrument in the state of Illinois which is employed in DUI arrests has a "logbook." The logbook is defined as "a written record by the law enforcement agency for tests performed according to standards and procedures on each instrument."

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