Section Newsletters

Articles From J. Brick Van Der Snick

Actual Physical Control of the Motor Vehicle By J. Brick Van Der Snick Traffic Laws and Courts, September 2022 A summary analysis of People v. Farmer.
DUI Sentencing Errors Result in Resentencing By J. Brick Van Der Snick Traffic Laws and Courts, May 2022 In People v. Larson, the defendant appealed her conviction for aggravated DUI.
1 comment (Most recent May 7, 2022)
Plea of Guilty to Charge in One County Bars Prosecution of Similar Charge in Second County By J. Brick Van Der Snick Traffic Laws and Courts, January 2022 In People v. Hull, the appellate court affirmed the trial court’s decision to grant the defendant’s motion to dismiss and bar La Salle County prosecution for aggravated fleeing and eluding as the defendant had already pleaded guilty to misdemeanor fleeing and eluding  in Marshall County.
Sufficient Information Was Conveyed During 911 Call to Properly Stop Defendant By J. Brick Van Der Snick Traffic Laws and Courts, April 2020 In People v. Shelton, the defendant appealed the trial court's ruling that he did not have ineffective trial counsel based on the fact that his trial counsel did not file a motion to suppress evidence based on a 911 call containing insufficient information for the arresting officer to develop reasonable suspicion.
Appellate Court Vacates Orders, Remands for New Revocation Hearing By J. Brick Van Der Snick & Andrew Morris Traffic Laws and Courts, February 2020 In People v. Nemec, the defendant appealed an order revoking his court supervision, an entry of a conviction, and an order to pay fines and costs, arguing he was deprived of his right to be properly admonished of his rights to be represented by counsel at his revocation hearing.
The Corpus Delicti Rule By J. Brick Van Der Snick & Andrew L. Morris Traffic Laws and Courts, August 2019 A summary of People v. Sanchez, in which the defendant appealed his conviction for one count of driving under the influence of alcohol.
Chasing zero: The NTSB recommendation to lower BAC limits from .08 to .05 By J. Brick Van Der Snick Traffic Laws and Courts, March 2019 Lowering the limit would place a heavier burden on the prosecutor’s office with a drastic increase in the passage of field sobriety tests by those suspected of impaired driving.
Appellate court finds that admission of evidence related to defendant’s blood draw was not in error By J. Brick Van Der Snick Traffic Laws and Courts, December 2018 A summary of People v. Turner, in which the defendant appealed his conviction and sentencing for two counts of aggravated driving under the influence of alcohol. 
Appellate court finds that blood in defendant’s mouth invalidated blood test By J. Brick Van Der Snick Traffic Laws and Courts, October 2018 A summary of People v. Ernsting, in which the appellate court affirmed the trial court's granting of the defendant's motion to suppress and petition to rescind.
Appellate court affirms finding of guilty after stipulated bench trial By J. Brick Van Der Snick Traffic Laws and Courts, June 2018 In People v. Beck, the appellate court affirmed the lower court's finding that the testimony pertaining to retrograde extrapolation met the Frye standard.
Appellate court affirms denial of Petition to Rescind the Statutory Summary Suspension By J. Brick VanDerSnick Traffic Laws and Courts, March 2018 People v. Durden gives the Illinois trial courts some specific guidelines about a defendant who submits to a breath test with a result less than 0.08 and whether an officer can request additional tests and under what conditions
Prolonged traffic stop violation of Fourth Amendment prohibition against reasonable seizures affirmed by appellate court By J. Brick Van Der Snick Traffic Laws and Courts, November 2017 A summary of the consolidated appeal in .
1 comment (Most recent November 10, 2017)
Aggravated DUI Conviction Affirmed by Appellate Court By J. Brick Van Der Snick Traffic Laws and Courts, October 2017 In People v. Martin, the Defendant appealed his conviction following a jury trial for Aggravated DUI on two grounds. On appeal the Defendant’s conviction was affirmed by the Appellate Court.
1 comment (Most recent October 11, 2017)
Appellate court affirms trial court’s suppression of PBT results and no probable cause for DUI arrest: People v. Taylor, 2016 IL App (2d) 150634 By J. Brick VanDerSnick Traffic Laws and Courts, December 2016 In a published opinion issued July 20, 2016 by the Second District Appellate Court, the trial court’s suppression of defendant’s PBT results was affirmed.
Appellate court reverses trial court’s findings of no jurisdiction for the police officer to arrest defendant—People v. Reynolds, 2016 IL App (4th) 150572 By J. Brick VanDerSnick Traffic Laws and Courts, October 2016 In this recent opinion, the Appellate Court reversed the trial court's finding that the officer lacked jurisdiction to arrest to motorist.
Appellate court reverses trial court’s denial of allowing defendant to present a defense at trial By J. Brick Van Der Snick Traffic Laws and Courts, May 2016 A second summary of the decision in People v. Way.
Conviction for aggravated failure to report an accident resulting in death affirmed By J. Brick Van Der Snick Traffic Laws and Courts, December 2015 In People v. Moreno, Defendant was convicted after a bench trial despite the fact that the Defendant was “physically unable” to report the accident at a police station within 30 minutes because he had been taken to the hospital and was then taken into custody.
Fortifying one’s castle: People v. Santovi, 2014 IL App (3d) 130075 By J. Brick Van Der Snick & Adam M. Miller Traffic Laws and Courts, February 2015 The Third District Appellate Court recently reinforced the constitutional protections afforded to a person in his or her home.
Witness’ prior consistent statement, absent allegation of recent fabrication or motivation to lie, was reversible error By J. Brick Van Der Snick Traffic Laws and Courts, May 2014 In the recent case of People v. Randolph, the appellate court was faced with the failure of the trial court to properly limit and supervise prior consistent statements by a corroborating and arresting police officer on defendant.
1 comment (Most recent May 9, 2014)
Chasing zero: The NTSB recommendation to lower BAC limits from .08 to .05 By J. Brick Van Der Snick Traffic Laws and Courts, March 2014 Lowering the limit would place a heavier burden on the prosecutor’s office with a drastic increase in the passage of field sobriety tests by those suspected of impaired driving.
Chasing zero: The NTSB recommendation to lower BAC limits from .08 to .05 By J. Brick Van Der Snick Traffic Laws and Courts, September 2013 With the release of its “Reaching Zero” report, the NTSB has urged all states to lower the per se BAC limit to .05 or lower.
Alex, I’ll take ‘How state’s attorneys can avoid jeopardy after a jury is sworn in’ under People v. Martinez for 500 By J. Brick Van Der Snick Traffic Laws and Courts, June 2013 An exploration of the Illinois Supreme Court’s ruling in People v. Martinez to see why Illinois has decided to deviate from the long-established rule that jeopardy attaches to a defendant upon the swearing in of a jury.
A DUI with no accident or injury is not an “Emergency response” for restitution By J. Brick Van Der Snick Traffic Laws and Courts, December 2012 In People v. Allen, Defendant was able to successfully appeal the trial court's order to pay  emergency response restitution because his stop did not involve an accident and/or an injury response by the Illinois State Police.
Community caretaking stop upheld By J. Brick Van Der Snick Traffic Laws and Courts, May 2012 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. 
1 comment (Most recent May 24, 2012)
Sixty-two days means exactly that! By J. Brick Van Der Snick Traffic Laws and Courts, March 2012 A discussion of the ramifications of the People v. Clairmont & Fernandez decision.
Primer on Standardized Field Sobriety Tests & Preliminary Breath Tests for DUI arrests By J. Brick Van Der Snick Traffic Laws and Courts, December 2011 A basic outline of the SFSTs and PBT in the State of Illinois. 
1 comment (Most recent December 14, 2011)
People v. Martin: Trace of drugs and death sufficient for aggravated DUI conviction By J. Brick Van Der Snick Traffic Laws and Courts, May 2011 In the case of People v. Martin, the Illinois Supreme Court found that a driver with controlled substances in his body violates Section 11-501(a)(6) of the Illinois Motor Vehicle Code simply by driving.
The appellate court affirms grand jury’s subpoena power to issue subpoenas in DUI cases By J. Brick Van Der Snick Traffic Laws and Courts, August 2010 An examination of the 5th District Appellate Court opinion of People v. Bauer.
Defendant’s failure to appear in court during a speedy trial demand causes waiver of demand By J. Brick Van Der Snick Traffic Laws and Courts, June 2010 The First District Appellate Court reversed the trial court's finding that Defendant’s failure to appear in court temporarily suspended but did not waive the 160-day speedy trial period.
Sufficiency of proof for a conviction of DUI and reliability of Field-Sobriety Tests in proving intoxication By J. Brick Van Der Snick Traffic Laws and Courts, March 2010 In an opinion authored by Justice Steigmann, the court reviewed the evidence introduced at trial to determine whether it proved Defendant guilty of DUI beyond a reasonable doubt and also analyzed the Defendant’s claim that the field-sobriety tests were unreliable.
1 comment (Most recent February 24, 2010)

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