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Traffic Laws and CourtsThe newsletter of the ISBA’s Section on Traffic Laws & Courts

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Newsletter articles from 2007

Admonitions in the criminal court: Waiver of Counsel, Jury Demand, and Noncitizen Guilty Pleas By Patrick M. Kinnally 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.
Alcohol monitoring ankle bracelets in DUI cases (SCRAM) By Donald J. Ramsell March 2007 Beginning in December of 2006, Du Page County became the first court in Illinois to allow the use of Alcohol Monitoring Ankle Bracelets in court cases involving DUO Attests.
Can a single strand of beads hanging from the rearview mirror form the basis for a legitimate traffic stop? By J. Brick Van Der Snick March 2007 In People v. Ronald Cole, the Illinois Appellate Court for the Fourth District held that a single strand of beads hanging from a defendant’s rearview mirror, without materially obstructing the defendant’s view, could not form a legitimate basis for a traffic stop of the defendant.
Case summary By David B. Franks March 2007 On August 18, 2002 the Defendant, Catherine Sturgess, was arrested and charged with driving under the influence of alcohol (DUI) and failure to reduce speed to avoid an accident.
Community caretaking: No longer the third tier of police-citizen encounters By Steven J. Block 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.
Did People v. McKown “Frye” the HGN test? By Christopher B. Klis December 2007 The old saying be careful of what you ask for because you just might get it, applies to all DUI practitioners. If you object at trial to the admission of the HGN based on Frye, be prepared to conduct a full hearing regarding the test. The attorneys from both sides who are the first to conduct a full Frye hearing regarding the admission of the HGN, will inevitably change the course of future DUI trials in the state.
Is a treating physician required to be disclosed as an expert testimony in DUI prosecution? By J. Brick Van Der Snick January 2007 In the People v. Paul Cortez, the Illinois Appellate District held the testimony of the emergency room treating physician was not required to be disclosed as an expert testimony in the prosecution for DUI pursuant to Supreme Court Rule 412.
New Interlock Law important provisions By Edward M. Maloney December 2007 According to the Secretary of State DUI fact book 2007, which is the most recent data on this information, there are approximately 50,000 DUI arrest in Illinois in 2004.
New law abolishes judicial driving permits By Edward M. Maloney March 2007 Recently, MADD, AAIM and other support groups came to the conclusion that the increased use of BAIID or SCRAM devices would reduce the DUI recidivist rate.
Recent cases and cases of interest By James J. Ahern and Thomas M. Moran August 2007 In 2003, the City of Waukegan, Illinois enacted an ordinance which required that all vehicles being driven by persons not possessing a valid driver’s license be seized.
Recent cases and cases of interest By James J. Ahern June 2007 Section 6-303 of the Illinois Vehicle Code prohibits a person from driving a vehicle while the driver’s license is suspended or revoked.
Recent cases and cases of interest By James J. Ahern and Thomas M. Moran 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.
Recent cases and cases of interest By James J. Ahern and Thomas M. Moran January 2007 Recent cases of interest to traffic lawyers.
Recent traffic cases By James J. Ahern and Thomas M. Moran December 2007 The trial court has authority to order that bond funds be used to provide restitution notwithstanding the fact that the bond is posted by someone other than the defendant.