Articles on DUI

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 & 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 & 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 & 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.
Recent cases and cases of interest By James J. Ahern & Thomas M. Moran Traffic Laws and Courts, March 2007 In People v. Brady, No. 02-04-1281, ___ Ill.App.2d ___, ___ N.E.2d ___, ___ Ill.Dec. ___ (2nd Dist. 2007), Defendant was charged with leaving the scene of a motor vehicle accident involving death of a person, aggravated reckless driving and drag racing.
Is a treating physician required to be disclosed as an expert testimony in DUI prosecution? By J. Brick Van Der Snick Traffic Laws and Courts, January 2007 In the People v. Paul Cortez, the Illinois Appellate District held the testimony of the emergency room treating physician was not required to be disclosed as an expert testimony in the prosecution for DUI pursuant to Supreme Court Rule 412.
Criminal acts exclusion in auto gap insurance policy applies to driving under the influence By Michael J. Marovich Civil Practice and Procedure, January 2006 In Bohner v. Ace American Insurance Company, 359 Ill. App. 3d 621, 834 N.E.2d 635 (2nd Dist. 2005), the Second District Illinois Appellate Court held that the criminal acts exclusion in an automobile gap insurance policy applies in a driving-under-the-influence case.
Grossly disproportional? By Matt Maloney General Practice, Solo, and Small Firm, January 2006 The key language in understanding the opinion in People v. One 2000 GMC is the application of the term “grossly disproportional.”
Recent traffic cases and cases of interest By James J. Ahern Traffic Laws and Courts, January 2006 Probable cause exists when the facts known to the officer at the time of the arrest are sufficient to lead a reasonably cautious person to believe that the person arrested has committed a crime.
Recent cases By James J. Ahern & Thomas M. Moran Traffic Laws and Courts, October 2005 Recent traffic cases and cases of interest.
Conviction for DUI that results in bodily injury is not a crime of violence or aggravated felony warranting deportation under the Immigration Act By Pradip K. Sahu International and Immigration Law, March 2005 In November 9, 2004, the United States Supreme Court issued its decision in the case of Leocal v. Ashcroft.
People v. Stipp: Blood serum alcohol concentration test results are admissible in DUI prosecutions under 625 ILCS 5/11-501.4 By J. Brick Van Der Snick Traffic Laws and Courts, January 2005 In People of the State of Illinois v. Stipp, 349 Ill.App.3d 955 (3rd Dist June 23, 2004), the Illinois Appellate Court held that the word "blood"as used in Section 11-501.4 of the Illinois Vehicle Code should be interpreted to include not only whole blood alcohol concentration test results, but whole blood alcohol concentrations converted from blood serum test results.
Using the Confrontation Clause to win DUI cases Traffic Laws and Courts, January 2005 The old days of proving up a breath alcohol test by way of introducing the logbook only, as a 'public record' exception to the hearsay rule, are likely over due to the recent U.S. Supreme Court case of Crawford v. Washington.
Is a Frye hearing required to admit the results of HGN testing in DUI prosecutions? By Larry A. Davis Traffic Laws and Courts, December 2004 Practitioners in the field of DUI have known for a number of years that horizontal gaze nystagmus (HGN) testing has been held to be admissible for the purpose of establishing probable cause to arrest in the context of a petition to rescind a statutory summary suspension or motion to quash arrest without the necessity of conducting a Frye hearing.
Recent DUI cases By James J. Ahern & Thomas M. Moran Traffic Laws and Courts, December 2004 In a decision from the Illinois Supreme Court filed September 23, 2004, the Court recognized that a defendant may successfully raise the "GERD defense" as a basis for excluding the result of a breath test.
Zero tolerance law upheld By John T. Doddy, Jr. Traffic Laws and Courts, December 2004 In Arvia v. Madigan, No. 95590, 2004 LEXIS 671, (Ill. Sup. Ct. April 15, 2004), the Illinois Supreme Court, on direct appeal by the State, reversed the finding of the Circuit Court of Cook County which found the Illinois Zero Tolerance Law (625 ILCS 5/11-501.8) unconstitutional on both equal protection and due process grounds.
DUIs & Custodial Interrogation By Thomas M. Moran Traffic Laws and Courts, June 2004 For years prosecutors and defense attorneys have debated over what actually constitutes "custodial interrogation" in the context of a DUI stop.
Second District holds that preliminary breath tests (PBTs) can be used as evidence in statutory summary suspension hearings By J. Brick Van Der Snick Traffic Laws and Courts, June 2004 In People of the State of Illinois v. Rozela, 345 Ill.App.3d 217, (2nd Dist. 2003), the Illinois Appellate Court held that Section 11-501.5 of the Vehicle Code permitted the State to introduce the result of a Preliminary Breath Test (PBT) to support the officer's conclusion that he had probable cause to arrest the Defendant for DUI in a statutory summary suspension hearing.
Non-consensual chemical testing held to be generally inadmissible in DUI cases By Larry A. Davis Traffic Laws and Courts, January 2004 Since 1986, it has been clear that under Illinois law the non-consensual, or involuntary withdrawal of a blood, urine or breath sample from a person arrested for DUI was admissible against such person, provided that probable cause existed for the charged offense.
Recent DUI cases By Thomas M. Moran & James J. Ahern Traffic Laws and Courts, January 2004 Supreme Court Rule 412(a)(i) requires that the State, as part of pretrial discovery and upon the defendant's request, supply the defendant with the names of persons whom the State intends to call as witnesses.
Recent DUI cases By Thomas M. Moran & James J. Ahern Real Estate Law, September 2003 Recent DUI cases.
Appellate court holds Supreme Court Rule 504 is applicable to DUI cases By Larry A. Davis Traffic Laws and Courts, May 2003 Since the Supreme Court's decision in 1976 in Village of Park Forest v. Fagan, 64 Ill. 2d 264, 356 N.E. 2d 59 (1976), it has been this author's experience that many courts have been reluctant or have refused to apply the provisions of Supreme Court Rule 504 (166 Ill. 2d R. 504) to major traffic offenses, such as DUI.

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