Publications

Section Newsletter Articles on DUI

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.
Defending DUI refusals in jury trial cases—Practical tips By Donald J. Ramsell Traffic Laws and Courts, March 2011 Some tried-and-true tips to use in a refusal case to help you achieve a not-guilty verdict.
Driving under the influence: Not just for alcohol anymore By Erica Nichols Traffic Laws and Courts, March 2011 Illinois' DUI statute lists six different measurements by which an individual can be found to be under the influence, and only the first two are related to alcohol.
New grounds for challenging red light tickets after PA 96-1016 and Melendez-Diaz By Nate Nieman Traffic Laws and Courts, March 2011 A new amendment to the statute outlining procedures for "photo enforcement" citations gives defendants new grounds on which to challenge those citations.
People v. Bruni, 2010 Ill. App. LEXIS 1274 (2nd Dist. 2010) By David B. Franks-Straus Traffic Laws and Courts, March 2011 The Appellate Court concluded that defendant’s admission that he had consumed a beer, together with the officer’s testimony “was sufficient to justify the relatively minor intrusion of requesting that a properly stopped motorist step out of a vehicle to perform field sobriety tests."
Your client has been denied driving privileges by the Secretary of State. Now what? By M. Christine Heins Traffic Laws and Courts, March 2011 The type of post-hearing relief available to your client depends on whether he or she had an informal or formal hearing before the Secretary of State.
People of the State of Illinois v. Marina Kladis, No. 1-09-0686. Discovery sanctions in a misdemeanor DUI case can bar testimony of an arresting officer when a videotape has been discovered By Ava George Stewart Traffic Laws and Courts, November 2010 Kladis provides a roadmap for practitioners to avoid the destruction of discovery as well as what to do in the event the discovery is inadvertently destroyed.
People v. Maldonado By David B. Franks Traffic Laws and Courts, November 2010 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.
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.
People of the State of Illinois v. Samuel McPeak, No. 2080572: There must be evidence of the presence of cannabis in the blood, breath, or urine to be found guilty of a DUI based on 11-501(a)(6) By Ava George Stewart Traffic Laws and Courts, June 2010 This decision seems to put the brakes on the statute’s requirement of “any amount of drugs” in the body being sufficient to convict for a DUI.
People v. Nunez, Docket No. 108189, SUPREME COURT OF ILLINOIS 2010 Ill. LEXIS 280 By David B. Franks Traffic Laws and Courts, June 2010 The Supreme Court affirmed the appellate court finding, holding that Defendant was properly convicted of both aggravated DUI and DWLR, and that DWLR is not a lesser-included offense of aggravated DUI.
Strip club may be liable for patron’s drunk driving By Robert T. Park Civil Practice and Procedure, May 2010 Plaintiffs alleged that defendant’s employees removed the intoxicated decedents from its club, ordered and assisted them into their car, and sent them away knowing the driver was drunk.
People v. McDonough, 395 Ill.App.3d 194, 334 Ill.Dec.764 (4th Dist. 2009) By David B. Franks Traffic Laws and Courts, March 2010 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.
Recent cases and cases of interest By Thomas M. Moran Traffic Laws and Courts, March 2010 Summaries of recent traffic law cases.
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.
SCRAM: A sentencing option in alcohol-related offenses By Hon. Gregory Paul Vazquez Criminal Justice, October 2009 Attorneys and judges have been seeking optimal sentencing alternatives in cases where alcohol has either played a part in the offense or is a factor that needs to be addressed during the defendant’s sentencing hearing. A relatively recent option is the Secure Continuous Remote Alcohol Monitoring system, commonly referred to as SCRAM.
Recent traffic cases By Thomas M. Moran and James J. Ahern Traffic Laws and Courts, September 2009 Recent cases of interest to traffic laws practitioners.
Use and misuse of the MDDP By Lisa L. Dunn Traffic Laws and Courts, September 2009 This article will discuss: (1) the parameters of the MDDP program; (2) the MDDP offender’s responsibilities in conjunction with the use of the MDDP; (3) violations of the MDDP program; (4) sanctions authorized for violations of the MDDP program; and (5) the right to a hearing to contest the cancellation of the MDDP or extension of the summary suspension.
Motorist failed to present credible evidence of drug-interdiction checkpoint in statutory summary suspension hearing By J. Brick Van Der Snick Traffic Laws and Courts, June 2009 A summary of the case of People v. Scott W. Hacker.
Recent traffic cases By Thomas M. Moran and James J. Ahern Traffic Laws and Courts, June 2009 Recent cases of interest to traffic laws practitioners.
People of the State of Illinois ex. rel. LISA MADIGAN, Petitioner v. HONORABLE JAMES B. KINZER et.al, Respondents, No.105805: Stripping the Court of its discretion in sentencing for DUIs By Ava George Stewart Traffic Laws and Courts, March 2009 Your client’s ability to enter into a plea agreement for reckless driving, whether it is a ”reducer” from DUI or not, means that your client cannot receive court supervision for a subsequent DUI.
People v. Popeck: State’s right to all of defendant’s medical records on day of arrest By J. Randall Cox Traffic Laws and Courts, March 2009 A summary of the case of People v. Popeck.
New legislation By Steve Baker Traffic Laws and Courts, February 2008 Amends the Criminal Code of 1961. Provides that in cases involving reckless homicide in which the defendant unintentionally kills an individual while driving in a posted school zone or in a construction or maintenance zone, the trier of fact may infer that the defendant’s actions were performed recklessly where he or she was also either driving at a speed of more that 20 miles per hour in excess of the posted speed limit or violation the DUI provisions of the Illinois Vehicle code.
Recent traffic cases By James J. Ahern and Thomas M. Moran Traffic Laws and Courts, February 2008 Section 12-503(c) of the Illinois Vehicle Code prohibits a person from operating a vehicle: …with any objects placed or suspended between the driver and the front windshield, rear window, side wings or side windows immediately adjacent to each side of the driver which materially obstructs the driver’s view. (Emphasis added).
Supreme Court Rule 137 sanctions—Affirmed (DUI case) By J. Brick Van Der Snick Traffic Laws and Courts, February 2008 On November 26, 2007, the Illinois Appellate Court, Second District affirmed the judgment of the Circuit Court of McHenry County in an award of sanctions against the State (McHenry County) after the State filed two (2) notices of motion that violated local court rules and one (1) that was not properly placed on the court call. People v. Stefanski, ___ N.E.2d ___, 2007 WL 4181577, Ill.App.2 Dist., November 26, 2007 (No. 2-06-1176).
New Interlock Law important provisions By Edward M. Maloney Traffic Laws and Courts, 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.
DUI becomes an international matter By Maryann Bullion International and Immigration Law, August 2007 Many Illinois citizens are not aware that their criminal records could affect them outside the country.
Recent cases and cases of interest By James J. Ahern and Thomas M. Moran Traffic Laws and Courts, August 2007 Recent traffic cases of interest.
Alcohol monitoring ankle bracelets in DUI cases (SCRAM) By Donald J. Ramsell Traffic Laws and Courts, 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.