Section Newsletter Articles on Traffic Laws

Recent cases and cases of interest By James J. Ahern and Thomas M. Moran Traffic Laws and Courts, March 2007 In People v. Brady, No. 02-04-1281, ___ Ill.App.2d ___, ___ N.E.2d ___, ___ Ill.Dec. ___ (2nd Dist. 2007), Defendant was charged with leaving the scene of a motor vehicle accident involving death of a person, aggravated reckless driving and drag racing.
The saga of admissibility of vehicular post-collision photographs continues By Stephen C. Buser Civil Practice and Procedure, March 2007 The First District Appellate Court decided nearly four years ago in Dicosola v. Bowman, 342 Ill.App. 3d 530, 794 N.E. 2d 875, 276 Ill.Dec.625 (1st Dist. 2003) that vehicular post-collision photographs were not admissible in automobile accident litigation absent expert testimony.
Admonitions in the criminal court: Waiver of Counsel, Jury Demand, and Noncitizen Guilty Pleas By Patrick M. Kinnally Traffic Laws and Courts, January 2007 Whether one agrees with the requirement of advising noncitizens about the immigration consequences relating to a plea of guilty is not the issue, but the law.
Community caretaking: No longer the third tier of police-citizen encounters By Steven J. Block Traffic Laws and Courts, January 2007 In Illinois, the appropriate test in determining whether a seizure has occurred for a person seated in a parked vehicle is well settled.
Recent cases and cases of interest By James J. Ahern and Thomas M. Moran Traffic Laws and Courts, January 2007 Recent cases of interest to traffic lawyers.
Summary of traffic-related decisions published in the official reports By Hon. Daniel M. Locallo Traffic Laws and Courts, May 2006 NOTE: This is the first half of the Traffic-Related Decisions Summary. The second half will be published in the next edition of the Newsletter
Terry stops: the riddle of Fourth and Fifth Amendment jurisprudence By Patrick M. Kinnally General Practice, Solo, and Small Firm, September 2004 Benny Bogain has come to see you. Over the years, he has experienced a few problems with local law enforcement officers. A DUI, a battery charge, and most recently a minor ordinance violation for possessing a 12-pack in Lincoln Park.
Recent cases By Thomas M. Moran and James J. Ahern Traffic Laws and Courts, April 2004 A police officer has authority to stop a vehicle when the driver remains at a standstill for 20 seconds after the traffic control signal turns green. In People v. Kelly, No. #2-02-0274, ___ Ill.App.3d ___, 802 N.E.2d 850, 280 Ill.Dec. 599 (2d Dist. 2003), after the officer observed the defendant's vehicle remain stopped at an intersection for approximately 20 seconds after the light turned green.
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.