Publications

Section Newsletter Articles on DUI

ISP Electronic Certification Insufficient for Admission of Breath Test Results By William Vig Traffic Laws and Courts, December 2015 As the breath test was the only evidence tending to show that his BAC was 0.08 or more in this case, defendant argued that his conviction should be reversed.
What you need to know about the BAIID machine By Lisa Dunn Traffic Laws and Courts, December 2015 This article will explore exactly what the BAIID machine is, who is required to install the BAIID machine, and what “tips” you can give your clients in order to be successful while driving a vehicle equipped with the BAIID machine.
Breath testing instrument update By Nancy G. Easum Traffic Laws and Courts, September 2015 In accordance with the Testing of Breath, Blood, and Urine for Alcohol, Other Drugs, and Intoxicating Compounds administrative rules found at 20 Ill. Adm. Code 1286, accuracy check records for evidential instruments may be kept in a logbook and/or the instrument’s memory.
Monitoring court-ordered sobriety through the use of technology By Steven M. Sims Traffic Laws and Courts, September 2015 An overview of the most common monitoring devices.
Revisions to the Illinois Interlock Program, DUI and summary suspension statutes By Marc Christopher Loro Administrative Law, September 2015 Effective January 1, 2016, several legislative changes amend the Illinois Interlock program, DUI and summary suspension statutes.
What constitutes “vehicles,” “motor vehicles” and their Illinois Vehicle Code violations By Ted Harvatin Traffic Laws and Courts, September 2015 A helpful overview of these frequently used terms.
An overview of DUI evaluations in Illinois By Jeremy Richey Traffic Laws and Courts, June 2015 As a general rule, a motorist cannot plead guilty to a DUI without having a DUI evaluation on file with the trial court.
What does a personal injury plaintiff have to plead to seek punitive damages against a drunk driver? By Sean C. Burke Bench and Bar, April 2015 Given the recent decision in Farris v. Sullivan, when a drunk driver injures a plaintiff in a car crash and later pleads guilty to DUI, the plaintiff should be permitted to seek punitive damages at trial.
The other DUI: Part II By Liam Dixon Traffic Laws and Courts, March 2015 A look at Arizona's statute, which is similar to Illinois' Marijuana DUI law.
The other DUI: Part I By Liam Dixon Traffic Laws and Courts, February 2015 A review of the DUI statute as it relates to the Medical Marijuana Act.
4th Amendment Rights: Citizen awarded $250,000 after false arrest and imprisonment by Missouri State Highway Patrol Officer By Maggie Noe Human Rights, October 2014 An overview of the Doe v. Crank case and jury award.
But I wasn’t even there! An overview of premises-based constructive possession By Aaron G. Brakke General Practice, Solo, and Small Firm, October 2014 An overview of the basics of constructive possession and the author's thoughts on combating a claim. 
10 tips for negotiating DUI cases: One prosecutor’s perspective By Jeremy J. Richey Traffic Laws and Courts, March 2014 This article contains ten quick tips, from this author-prosecutor’s perspective, that will help improve your next results at the negotiation table.
Chasing zero: The NTSB recommendation to lower BAC limits from .08 to .05 By J. Brick Van Der Snick Traffic Laws and Courts, March 2014 Lowering the limit would place a heavier burden on the prosecutor’s office with a drastic increase in the passage of field sobriety tests by those suspected of impaired driving.
2013 changes to Article 36: Seizures and forfeitures By Anthony A. Bruno Traffic Laws and Courts, September 2013 As of January 1, 2013 the Illinois legislature is making it easier for the State to take your car.
Chasing zero: The NTSB recommendation to lower BAC limits from .08 to .05 By J. Brick Van Der Snick Traffic Laws and Courts, September 2013 With the release of its “Reaching Zero” report, the NTSB has urged all states to lower the per se BAC limit to .05 or lower.
Obtaining court supervision in downstate Illinois DUI cases By Anthony A. Bruno Traffic Laws and Courts, March 2013 For those of us who practice in more than one county, figuring out what it takes to get a disposition of court supervision in a DUI case can be a tricky endeavor.
A DUI with no accident or injury is not an “Emergency response” for restitution By J. Brick Van Der Snick Traffic Laws and Courts, December 2012 In People v. Allen, Defendant was able to successfully appeal the trial court's order to pay  emergency response restitution because his stop did not involve an accident and/or an injury response by the Illinois State Police.
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.
Statutory summary suspension upon DUI charge to driver unintentionally stopped at checkpoint upheld By Mollie Townsend Traffic Laws and Courts, December 2012 In People v. Clements, the Appellate Court reversed the trial court’s decision to rescind the statutory summary suspension of Defendant’s driver’s license and to suppress evidence.
Appeals court discusses evidence of financial status of defendant sued for punitive damages By Michael R. Lied Labor and Employment Law, July 2012 In Powers v. Rosine, the plaintiffs filed a complaint for injuries sustained in an automobile accident where Rosine drove under the influence.
Community caretaking stop upheld By J. Brick Van Der Snick Traffic Laws and Courts, May 2012 IPeople of the State of Illinois v. Scott Mains, in an opinion released May 11, 2012, the Appellate Court reversed the trial court’s decision of granting Defendant’s motion to quash the arrest. 
DUI defense: A checklist for your file By Jeremy J. Richey Traffic Laws and Courts, May 2012 By using the checklist, you will be helping to ensure that your clients receive the quality service they deserve and nothing is forgotten.
People v. Smulik By David B. Franks Traffic Laws and Courts, May 2012 The Appellate Court concluded that the anonymous tip in the matter at bar lacked predictive value. The Appellate Court concluded that the informant did not predict anything; the informant merely reported contemporaneous observations as to the description and location of a vehicle she was following.  
Bullish for Bullcoming By Niyati Thakur Traffic Laws and Courts, August 2011 Bullcoming v. New Mexico is a notable, if cautious, extension of the Confrontation Clause cases of Crawford and Melendez-Diaz.
Don’t be intimidated by DUIs with blood evidence By Erica Nichols Traffic Laws and Courts, August 2011 Each type of blood draw has its own legal requirements for admission into evidence at trial. It is these requirements that provide the opportunity to defeat the blood evidence.
Inventory searches: Before you may search you must have the right to seize By Hon. John McAdams Traffic Laws and Courts, May 2011 The threshold question in any inventory search is the validity of the original seizure of the vehicle. If the original impound was invalid, even if pursuant to a written or oral standardized police policy, the subsequent inventory search is unconstitutional.
New summary suspension law hits Illinois By Edward M. Maloney Traffic Laws and Courts, May 2011 Beginning July 1, a person suspected of DUI in a fatal or injurious auto accident who refuses or fails to complete chemical testing can have his or her driving privileges revoked under statute 625 ILCS 5/1-197.6).
People v. Aronson: Missing video results in rescission due to inferences drawn in favor of the defendant By Sean D. Brady Traffic Laws and Courts, May 2011 A summary of the recent case of People v. Aronson.
People v. Martin: Trace of drugs and death sufficient for aggravated DUI conviction By J. Brick Van Der Snick Traffic Laws and Courts, May 2011 In the case of People v. Martin, the Illinois Supreme Court found that a driver with controlled substances in his body violates Section 11-501(a)(6) of the Illinois Motor Vehicle Code simply by driving.