AI and Law: An Opportunity to Improve Legal PracticeBy Damien RiehlTraffic Laws and Courts, July 2026Recent exponential leaps in advanced large language models have presented both opportunities and challenges that have the capacity to reshape the legal landscape.
Late Discovery and the Exclusion of Breath-Test Evidence: People v. ParenticeBy Larry A. DavisTraffic Laws and Courts, July 2026The Fourth District Appellate Court recently addressed the issue of when does the State's delay in producing breath-testing records justify the exclusion of the breath-test result itself? The practical lesson of Parentice is significant. A discovery violation does not automatically create a permanent evidentiary bar.
People v. Bautista Flores: Another Reminder That HGN Evidence Demands Strict Compliance and the Importance of Timely Trial ObjectionsBy Larry A. DavisTraffic Laws and Courts, July 2026Although People v. Bautista Flores is a Rule 23(e)(1) order and therefore does not constitute binding precedent, the decision provides another example of useful application of the Illinois Supreme Court’s decision in McKown and reinforces the continuing obligation of trial courts to require a proper evidentiary foundation before HGN testimony is admitted.
The Three Types of Driving Abstracts and What They Show and Do Not ShowBy Ted HarvatinTraffic Laws and Courts, July 2026The Illinois Secretary of State is charged with keeping records of a driver’s traffic ticket and driving history. Some of these are made public, some are kept internally, and even more information is contained in a third "abstract." This article explains all three types of abstracts.
Case Summary: People v. UseniBy James SternTraffic Laws and Courts, January 2026The People v. Useni decision explores why base allegations are not sufficient to deny bail.
Criminal Conduct When IntoxicatedBy Ted Hammel & Kristen MessamoreTraffic Laws and Courts, January 2026A person who is intoxicated (a/k/a voluntarily wasted) is usually responsible for their criminal conduct, but…the Illinois Supreme Court held in 2023 that evidence of voluntary intoxication may be used to attack a state's claim that defendant had requisite specific intent to commit charged offense.
Defendant’s Disappearing Act Yields No Evidentiary MagicBy Adam M. MillerTraffic Laws and Courts, January 2026A case summary of People v. Talley, 2025 IL App (4th) 250432-U, and practical implications for the timeline of evidence preservation and discovery requests.
Illinois Cannabis Transportation Law: Concerns and Possible SolutionsBy Anthony B. Cameron & Evan BrunoTraffic Laws and Courts, January 2026While Illinois has made itself the sole United States jurisdiction to criminalize the odor of cannabis, the odor-proof container rule arguably does nothing to eliminate public harm, highlighting the necessity for amendment.
Case Summary of People v. Hoskins, 2025 IL App (4th) 240991By Evan BrunoTraffic Laws and Courts, October 2025This article reviews the recent case of People v. Hoskins, in which the Fourth District Appellate Court held that a drug dog’s alert to a vehicle remains sufficient to establish probable cause to search, even though the dog was trained to detect the odor of cannabis.
Case Summary: People v. Bell, 2025 IL App (4th) 240929By Jason M. KunowskiTraffic Laws and Courts, October 2025Know your factors: Fourth District reverses and remands Aggravated DUI Death for new sentencing hearing and new judge to consider youth-based mitigation factors instead of adult factors.
Case Summary: People v. Sandlass, 2025 IL App (2d) 240557-UBy J. Brick Van Der SnickTraffic Laws and Courts, October 2025The Second District Appellate Court held, in People v. Sandlass, that in a statutory summary suspension proceeding where there is no confirmation, the time is not attributable to defendant.
Case Summary: Village of Lincolnshire v. Daniel Olvera, 2025 IL 130775By J. Brick Van Der SnickTraffic Laws and Courts, October 2025In Village of Lincolnshire v. Olvera, the Illinois Supreme Court confirmed that a village does not need to provide a letter of prosecution in their case and chief.
Mandatory Minimum Sentencing in Driving While Revoked CasesBy Nancy G. EasumTraffic Laws and Courts, October 2025Can a three-day Driving While Revoked offender be sentenced to a term of imprisonment less than the mandatory 14 day minimum by using the Behavior Act credit? The Supreme Court said "No!"
The Myth of MaskingBy Frank P. AndreanoTraffic Laws and Courts, October 2025The notion that accurate recording keeping obligations prohibit plea bargaining (from murder to speeding) is simply not well taken, nor supported by a plain reading of the applicable regulations. So long as both the Court Clerk and Secretary of State (SDLA) truthfully report conviction data to the federal CDLIS system no “masking” has occurred.
Case Summary: The City of Lake Forest v. Rey Martinez-Galarza, 2025 IL App (2d) 240352By David FranksTraffic Laws and Courts, July 2025A case summary of The City of Lake Forest v. Rey Martinez-Galarza, 2025 IL App (2d) 240352, holding the Arresting Officer did not unreasonably prolong the traffic stop of Defendant when the Arresting Officer explained the written warning to Defendant and smelled the odor of alcohol emanating from Defendant’s person.
Do Police Need the Manufacturer’s Manual?By Ted P. Hammel & Frank P. AndreanoTraffic Laws and Courts, July 2025An overview of the Will County Sheriff’s Department alcohol breath test, Alco-Sensor VXL, and the evidentiary difficulties it presents.
Foundational Requirements for Overweight Trucking CasesBy Terrence WallaceTraffic Laws and Courts, July 2025Lessons learned from People v. LaForce, 2024 IL App (3d) 230328-U for foundational requirements at a trial for overweight tickets.
Garden-Variety DUI to Felony: The Fifth District’s Limitation of Prior ConductBy Theodore HarvatinTraffic Laws and Courts, July 2025In People v. Cruz Aguilar, the Fifth Circuit determined that felony enhancement of a DUI charge at such time as driving privileges are impaired from other than an open SSS, or other than from an open revocation for DUI or Reckless Homicide or leaving the scene of a death or injury crash is not warranted. This ruling put the Fifth District at odds with the Second District.
The New Face of Forfeiture: Innocence Now MattersBy Frank P. AndreanoTraffic Laws and Courts, July 2025Recent changes to Illinois Forfeiture Law means what previously qualified as “probable cause” to warrant seizure is no longer enough.
Overlooked Attacks on the Admissibility of the PBT TestBy Terry WallaceTraffic Laws and Courts, August 2024The portable breath test is a preliminary breath test used by a police officer prior to the defendant being arrested for driving under the influence of alcohol.
What’s New in Secretary of State Restricted Driving Permits?By Ted HarvatinTraffic Laws and Courts, May 2024The number one concern of most DUI clients who are not facing significant time in jail is the impact a DUI will have on their driver’s license and driving privileges.
Statutory Summary Suspensions/Revocations and Type A Injury AccidentsBy Larry A. DavisTraffic Laws and Courts, March 2024One of the more confusing aspects of the statutory summary suspension/revocation scheme in Illinois involves personal injury accidents and, more particularly, those known as Type A personal injury accidents.
What Is the Effect of Section 1286.40 of the Illinois State Police Rules on a DUI Prosecution?By Larry A. DavisTraffic Laws and Courts, March 2024In People v. Heineman, the Illinois Supreme Court considered a challenge to the conversion factor provided for in section 1286.40 of the Illinois State Police administrative rules in a criminal proceeding when the state sought to establish the defendant's whole blood alcohol concentration based on an emergency room treatment serum blood alcohol test result.
Consequences of a DUI Arrest in Another State When Holding an Illinois Driver’s LicenseBy Ted HarvatinTraffic Laws and Courts, July 2023In today’s mobile society, practitioners will frequently encounter clients who have Illinois driving privileges and receive a DUI in another state. Lawyers should make their clients aware of the possible driver’s license and driving privileges consequences of such a situation.
