Publications

Section Newsletter Articles on DUI

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.
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.
Driving under the influence: Not just for alcohol anymore By Erica Nichols Traffic Laws and Courts, March 2011 Illinois' DUI statute lists six different measurements by which an individual can be found to be under the influence, and only the first two are related to alcohol.
New grounds for challenging red light tickets after PA 96-1016 and Melendez-Diaz By Nate Nieman Traffic Laws and Courts, March 2011 A new amendment to the statute outlining procedures for "photo enforcement" citations gives defendants new grounds on which to challenge those citations.
People v. Bruni, 2010 Ill. App. LEXIS 1274 (2nd Dist. 2010) By David B. Franks-Straus Traffic Laws and Courts, March 2011 The Appellate Court concluded that defendant’s admission that he had consumed a beer, together with the officer’s testimony “was sufficient to justify the relatively minor intrusion of requesting that a properly stopped motorist step out of a vehicle to perform field sobriety tests."
Your client has been denied driving privileges by the Secretary of State. Now what? By M. Christine Heins Traffic Laws and Courts, March 2011 The type of post-hearing relief available to your client depends on whether he or she had an informal or formal hearing before the Secretary of State.
People of the State of Illinois v. Marina Kladis, No. 1-09-0686. Discovery sanctions in a misdemeanor DUI case can bar testimony of an arresting officer when a videotape has been discovered By Ava George Stewart Traffic Laws and Courts, November 2010 Kladis provides a roadmap for practitioners to avoid the destruction of discovery as well as what to do in the event the discovery is inadvertently destroyed.
People v. Maldonado By David B. Franks Traffic Laws and Courts, November 2010 The appellate court concluded that the DUI statute was ambiguous because it prescribed mutually exclusive sentencing schemes for a defendant who has been convicted of committing a sixth or subsequent DUI.
The appellate court affirms grand jury’s subpoena power to issue subpoenas in DUI cases By J. Brick Van Der Snick Traffic Laws and Courts, August 2010 An examination of the 5th District Appellate Court opinion of People v. Bauer.
People of the State of Illinois v. Samuel McPeak, No. 2080572: There must be evidence of the presence of cannabis in the blood, breath, or urine to be found guilty of a DUI based on 11-501(a)(6) By Ava George Stewart Traffic Laws and Courts, June 2010 This decision seems to put the brakes on the statute’s requirement of “any amount of drugs” in the body being sufficient to convict for a DUI.
People v. Nunez, Docket No. 108189, SUPREME COURT OF ILLINOIS 2010 Ill. LEXIS 280 By David B. Franks Traffic Laws and Courts, June 2010 The Supreme Court affirmed the appellate court finding, holding that Defendant was properly convicted of both aggravated DUI and DWLR, and that DWLR is not a lesser-included offense of aggravated DUI.