Section Newsletters

Articles on DUI

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.
Are all breath tests taken in Illinois between 1986 and 2000 invalid? Two recent developments suggest that they are By Donald J. Ramsell Traffic Laws and Courts, November 2002 Recently, two important court rulings have occurred which, in effect, prohibit the introduction of all breath tests in DUI prosecutions for arrests occurring between January 1, 1986 and December 31, 2000.
An argument as to why emergency room medical records are inadmissible in a DUI prosecution By Rachel J. Hess Traffic Laws and Courts, December 2001 Scenario: Defendant was charged with various violations of the Illinois vehicle code including Driving Under the Influence of Alcohol in violation of 625 ILCS 5/11-501(a)(1) and (2).
Discovery in DUI, misdemeanor and traffic cases By J. Brick Van Der Snick Traffic Laws and Courts, March 2000 One of the most difficult and confusing parts of a driving while under the influence (DUI) prosecution by a State's Attorney or village prosecutor is the anomaly under the law of the right to discovery by the Defendant.
Driving relief—explaining those arrests … By David K. Harris & Robert Barewin General Practice, Solo, and Small Firm, August 1999   A common basis for denial of driving relief by the Illinois Secretary of State is a finding that the driver's claimed "typical pattern of drinking" is inconsistent with multiple arrests. The following letter from the evaluator is a good example of how to address such finding at the next hearing.

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