Publications

Section Newsletter Articles on Traffic Laws

A preliminary breath screening test (PBT) is admissible in a hearing in a motion to quash arrest and suppress evidence and in a petition to rescind statutory summary suspension By Sean D. Brady Traffic Laws and Courts, December 2001 The general rule in a driving under the influence of alcohol (DUI) case is that the State cannot admit into evidence the results of a preliminary breath-screening test (PBT) in its case in chief.
“Primary stop” ordinances: home rule power By Lawrence W. Terrell Traffic Laws and Courts, January 2001 According to the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA), seat belts reduce the risk of fatal injury by 45 percent and reduce the risk of serious injury by 50 percent. Nevertheless, nearly one-third of all Americans still do not buckle up.
Driving relief from 11-501.6 and 11-501.8 Summary suspensions By Edward M. Maloney Traffic Laws and Courts, March 2000 Upon the arrest for driving under the influence of alcohol a police officer is required to issue a statutory summary suspension to the arrested motorist.
Second Appellate District rule that unconstitutional roadblocks result from the unbridled discretion of police officers By Larry E. Smith Traffic Laws and Courts, March 2000 Even though the Fourth Amendment of the United States Constitution guarantees citizens the right to be free from unreasonable searches and seizures that result from objective and subjectively intrusive roadblocks, some police agencies continue to exercise unbridled discretion in the implementation of unconstitutional roadblocks under the guise of furthering public safety.
Use of Requests to Admit in summary suspension hearings By J. Brick Van Der Snick Traffic Laws and Courts, June 1999 This article will outline the impact and benefits of using the Request to Admit Facts in a summary suspension proceeding and will highlight the case law on this point.
Secretary of state suspensions for possession, display or fraudulent use of license and identification card By Edward M. Maloney Traffic Laws and Courts, April 1999 For several years now the secretary of state has been routinely suspending driving privileges of Illinois residents under the age of 21 who are found to be in possession of an identification card or license not issued to them.