The newsletter of the ISBA’s Section on Traffic Laws & Courts
Browse articles by year: 2013 (11)
Newsletter articles from 2002
Boating while under the influence (BUI)
Chapter 625 of the Illinois Compiled Statutes, section 45/5-16, is entitled, "Operating a watercraft under the influence of alcohol, other drug, or combination thereof."
In the last edition of the Traffic Laws & Courts newsletter (Vol. 12, No. 1) an article appeared entitled, "Boating while under the influence (BUI)," written by Douglas Olivero.
Discovery in DUI, misdemeanor and traffic cases
A problem facing prosecutors and defense attorney's practicing in the field of DUI, which includes statutory summary suspensions, misdemeanor, and traffic cases, is to what extent discovery is allowed under the Illinois statutes and case law.
The mandatory conversion of blood serum in DUI prosecutions
Pursuant to section 11-501.4 of the Illinois Vehicle Code, 625 ILCS 5/11-501.4 results of blood tests obtained during hospital treatment are admissible in DUI or Reckless Homicide prosecutions, provided the results were ordered in the regular course of medical treatment.
A primer on international driving permits
As international traffic began to expand in the post World War II years, government officials and motoring authorities in numerous leading countries realized that the existing treaty-convention in the field (Paris 1926) no longer met the growing needs of international motoring.
Prior to January 1, 2001, the Illinois Department of Public Health (now Department of State Police) had the responsibility to promulgate rules relating to the chemical analysis of a person's blood, breath or urine.
Section 110-7 of the Code of Criminal Procedures, 725 ILCS 5/110-7, provides that, when a defendant posts a bail bond deposit, he must acknowledge that his bail may be used "to pay costs, attorney's fees, fines, or other purposes authorized by the court.
The Zero Tolerance Law
In 1995 the Zero Tolerance Law (625 ILCS 5/6-11-501.8) became law. Since that time, there have been amendments to the law and the Secretary of State ('SOS') has implemented administrative rules (92 Ill. Admin. Code 1001.600 et seq.) governing these suspensions.