The newsletter of the ISBA’s Section on Traffic Laws & Courts
Browse articles by year: 2014 (2)
Newsletter articles from 2001
2001 DUI Penalty Guide
This is a Class A Misdemeanor. The penalty imposed by the Court may be any of the following:
Do breath operators have valid licenses?
Effective January 1, 2001 the Illinois State Police assumed responsibility for the regulation of chemical tests performed pursuant to the Illinois summary suspension laws 625 ILCS 5/11-501.1 11-501.6 and 11-501.8 as well as those arising out of an arrest for violation of 11-501 from the Illinois Department of Public Health (IDPD). See 625 ILCS 5/11-501.2; 11-501.6 and 11-501.8.
Late night DUI call
What advice, if any, do you give when you are awakened by a late night DUI call? Before we begin addressing this question, it may be important to review your own state of mind which could have a bearing on the advice, if any, that you provide.
New rules for testing of breath, blood, and urine for alcohol, other drugs, and intoxicating compounds
On January 1, 2001, as a result of the enactment of P.A. 91-0828, the Illinois State Police (ISP) became responsible for the testing of breath, blood, and urine for alcohol, other drugs, and intoxicating compounds.
People v. Jung: constitutionality of 11-501.4-1 upheld
Does the provision of the Illinois Motor Vehicle Code which allows the results of physician-ordered blood or urine tests conducted in the course of emergency treatment for injuries resulting from a motor vehicle accident to be reported to state or local law enforcement officials violate a patient's right to privacy in his medical records under the Illinois Constitution?
“Primary stop” ordinances: home rule power
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.
Although Motions in Limine are most frequently used to bar or limit evidence, they may also be used by a proponent of evidence such as the State, to obtain a pretrial ruling that the evidence at issue will be admitted at trial.
Recent traffic cases
The Second District Appellate Court was recently presented with the issue of whether home rule local governmental units have authority to enact and enforce an ordinance that allows police officers to stop a motor vehicle solely because an occupant was perceived to be not wearing a seat belt even though section 12-0603.1 (e) prohibits a law enforcement officer from stopping a motor vehicle solely for not wearing a seat belt.
Recent traffic cases
Hospital blood-alcohol test results are both discoverable and admissible under section 11-501.4 of the Illinois Vehicle Code, 625 ILCS 5/11-501.4, People v. Wilber, 279 Ill.App.3d 462, 664 N.E.2d 711, 216 Ill.Dec. 74 (4th Dist. 1996).