The newsletter of the ISBA’s Section on Traffic Laws & Courts
Browse articles by year: 2013 (11)
Newsletter articles from 2010
Defending tickets given for passing a school bus
In Illinois, the driver of a vehicle shall stop such vehicle before meeting or overtaking, from either direction, any school bus stopped at any location for the purpose of receiving or discharging pupils.
How to avoid multiple court appearances
The recent Third District Appellate Court Opinion of People v. Ziobro, 2010 WL 184073 (Ill.App. 3 Dist. Jan 13, 2010), reinforces the right of a defendant charged with a DUI, or other traffic offense, who expressly follows the procedures in Supreme Court Rules 504 and 505, to have a trial on the merits on the first appearance date (or now, on the first “clerk” scheduled trial date).
People v. Maldonado
The appellate court concluded that the DUI statute was ambiguous because it prescribed mutually exclusive sentencing schemes for a defendant who has been convicted of committing a sixth or subsequent DUI.
People v. McDonough, 395 Ill.App.3d 194, 334 Ill.Dec.764 (4th Dist. 2009)
In this DUI case, the trial court granted Defendant’s motion to suppress evidence on the ground that the State Trooper had improperly seized Defendant. Because the State Trooper did not engage in any police misconduct, the 4th District Appellate Court reversed the trial court, ruling that the exclusionary rule did not apply to this case.