The newsletter of the ISBA’s Section on Traffic Laws & Courts
Browse articles by year: 2014 (5)
Newsletter articles from 2012
Community caretaking stop upheld
In People of the State of Illinois v. Scott Mains, in an opinion released May 11, 2012, the Appellate Court reversed the trial court’s decision of granting Defendant’s motion to quash the arrest.
People v. Barwan, et al
Three unrelated cases, involving the same issue, were consolidated for decision. Each of three defendants were charged by indictment with driving under the influence of alcohol.
People v. Price
The arresting officer’s testimony regarding the size of the air freshener, how it swayed back and forth, and that it would have obstructed defendant’s view based on defendant’s sitting position, provided the arresting officer reasonable suspicion, based on a material obstruction, to justify the arresting officer stopping defendant’s vehicle.
People v. Smulik
The Appellate Court concluded that the anonymous tip in the matter at bar lacked predictive value. The Appellate Court concluded that the informant did not predict anything; the informant merely reported contemporaneous observations as to the description and location of a vehicle she was following.
A primer on motions to vacate in traffic cases
A properly pled §5/2-1401 petition to vacate can be a highly effective and expeditious means to “correct” your client’s actions from failing to appear in court and the resulting suspension of his driver’s license.
Review of People v. Hall
In this case, because the defendant was a judge, the Illinois Attorney Generals’ office was brought in to handle the matter. Two weeks later, after the assistant attorney general learned that the blood samples were still at the hospital, they were ordered to be released to authorities for testing at the Illinois State Police laboratory. The samples did not contain a preservative.
Summary suspension notice through the mail
Counsel should advise clients that if they receive a postcard indicating that they have a letter for certified mail, they should contact their attorney first before accepting and signing for the letter.