DUI and Blood Alcohol Tests after Birchfield v. North DakotaBy David J. Robinson and Tess SchwartzOctober 2016Article, Page 28Though Birchfield will have little impact on most DUI cases in Illinois, its real importance for defense lawyers is that it requires both warrantless BAC breath tests and blood-draws to be performed incident to arrest.
Keeping the Road Safe and the Law SaneBy Ed FinkelOctober 2015Article, Page 24The ISBA Traffic Law Section had one of its best years ever this legislative session, helping advance laws that remove harsh and counterproductive DUI restrictions while keeping (and sometimes boosting) appropriate punishments.
New blood alcohol testing proceduresOctober 2015Illinois Law Update, Page 18The new rulemaking amends blood alcohol testing procedures and requirements for the Department of State Police. 20 Ill. Adm. Code (eff. July 29, 2015).
What’s New in Traffic Law for 2014By Larry A. Davis and Thomas C. SpeedieNovember 2014Article, Page 532Are you a lawyer who represents drivers, or maybe one who gets behind the wheel from time to time? Here are nine important traffic law developments.
The last word on People v Elliott is ‘rescind’By Janan HannaMarch 2014LawPulse, Page 114A man's conviction for driving on a suspended license stands even though the underlying suspension is rescinded, the Illinois Supreme Court rules, after thoroughly analyzing the meaning of "rescind."
Tighter regulations for boating under the influenceOctober 2013Illinois Law Update, Page 504Any person operating or having physical control of a motorboat in Illinois who has been involved in a personal injury or fatal boating accident shall now be presumed to have consented to a blood, breath, and urine test for the purposes of determining the content of alcohol or other drugs in the person's blood if arrested for a violation of the Boat Registration and Safety Act or similar provisions of local laws. 625 ILCS 45/5-16c new.
Refusal to honor POA for property; six-juror DUI trials.September 2013Column, Page 483What if the bank won't accept your client's valid POA for property? Might six jurors be better than 12 for your DUI trial? Here's what other lawyers think, based on Qs and As gleaned from ISBA discussion groups.
Vehicle seizures expanded to out-of-state drivers. PA 097-0984July 2013Illinois Law Update, Page 336Drivers with out-of-state licenses revoked or suspended for driving while intoxicated, hit and run, reckless homicide, or various other statutory suspensions are now subject to Illinois' provisions for seizure and forfeiture.
Missing Video Evidence in DUI Cases after People v. KladisBy Thomas KantasMay 2012Article, Page 250In Kladis, the Illinois Supreme Court ruled that the state commits a discovery violation if it loses or destroy video evidence in a misdemeanor DUI case. Here's a look at this and related cases.
The bloody truth about DUI testingBy Helen W. GunnarssonOctober 2011LawPulse, Page 490Just because the state has blood test results to use against your DUI client doesn't mean the case is over, a defense lawyer argues.
The Monitored Device Driving Permit: What Practitioners Need to KnowBy Larry A. DavisOctober 2011Article, Page 506Illinois replaced the judicial driving permit with the monitored device driving permit ("MDDP"), which requires a large number of DUI offenders to use a breath interlock device. This article reviews the law and recent changes.
Increased fines for DUI offenders. PA 096-1342August 2011Illinois Law Update, Page 388The Illinois Vehicle Code has been amended to increase the fine for anyone who is found guilty of or pleads guilty to driving under the influence. 625 ILCS 5/11-501.01.