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Articles on Traffic Law

Statutory Summary Suspensions/Revocations and Type A Injury Accidents By Larry A. Davis Traffic Laws and Courts, March 2024 One 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. Davis Traffic Laws and Courts, March 2024 In 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 License By Ted Harvatin Traffic Laws and Courts, July 2023 In 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.
Illinois Supreme Court Finds Double Jeopardy Applied and Barred a Retrial By Brick Van Der Snick Traffic Laws and Courts, July 2023 A summary and analysis of the recent Illinois Supreme Court case People v. Prince.
Obstruction of Justice Conviction Reversed for Non-Compliance With Blood Warrant By Sara Vig Traffic Laws and Courts, July 2023 In People v. Hutt, the Illinois Supreme Court had occasion to consider the meaning of concealment for purposes of the obstructing statute
Odor of Burnt Cannabis Insufficient to Support Probable Cause for Search By David Franks Traffic Laws and Courts, July 2023 A summary and analysis of People. v. Redmond.
Limits on the Municipal Administrative Adjudication of Violations of the Illinois Vehicle Code By Larry A. Davis Traffic Laws and Courts, February 2023 For those who follow Illinois traffic law at its intersection with municipal law, it is known that municipalities will, from time to time, seek to expand the use of administrative adjudication as a way to avoid enforcement of municipal ordinance violations in the circuit court.
The Money Stays Here? Municipalities Cannot Adjudicate Traffic Tickets By Frank Andreano Traffic Laws and Courts, February 2023 It is no secret that traffic tickets raise significant revenue and who gets this money was the subject of a recent appellate court opinion in Cammacho v. the City of Joliet.
Private Property? Just Admit It: Request to Admit in Rescission Hearings By Ted Hammel, Terrence Wallace, & Kristen Messamore Traffic Laws and Courts, February 2023 In a summary suspension hearing, the defendant can challenge whether the arresting officer had reasonable grounds to believe that the defendant was driving or in actual physical control of a motor vehicle upon a highway while under the influence of alcohol.
Probable Cause for DUI Arrest By James Stern Traffic Laws and Courts, February 2023 People v. Workheiser reviews the factors to establish probable cause for a DUI arrest.
Driving While License Suspended and Supervision Limits By Jason Wilkins Traffic Laws and Courts, November 2022 It is common for attorneys to pursue court supervision when a client is facing charges of driving while license is suspended or revoked.
SAFE-T Act Challenges By Sara Vig Traffic Laws and Courts, November 2022 State’s attorneys across Illinois have recently filed lawsuits alleging that the SAFE-T Act is unconstitutional because it violates the single-subject rule.
What Driving Relief Is Available to Someone With Four or More DUI Convictions? By Ted Harvatin Traffic Laws and Courts, November 2022 It is important for attorneys to understand th driver's license consequences of a DUI conviction.
When an Automatic Substitution of Judge Is Wrongfully Denied, Conviction Vacated By Donald Ramsell Traffic Laws and Courts, November 2022 In People v. Brusaw, the court considered what happens if a defendant files a motion for substitution of judge and the motion is never acted upon.
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.
Hospital Records as Business Records Exception to Hearsay in DUI Cases By Hon. Edward Maloney Traffic Laws and Courts, September 2022 A summary and analysis of People v. Deroo.
Retrial in DUI Not Barred by Double Jeopardy as Sufficiency of Evidence Not Considered By Adam M. Miller Traffic Laws and Courts, September 2022 A summary and analysis of People v. Kotlarchik.
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)
Parking on the Curb Is Not the Same as Changing Lanes for Signal Purposes By David Franks Traffic Laws and Courts, May 2022 A summary and analysis of People v. Jackson.
Unpaid Traffic or Automated System Fines No Longer Suspend, Cancel, or Prevent License Renewal By Brian Smith Traffic Laws and Courts, May 2022 As part of the enactment of the SAFE-T Act, as of July 1, 2021, drivers who have had their licenses suspended, canceled, or barred from renewal for unpaid traffic or automated camera system tickets will have those holds rescinded by the Secretary of State.
Summary of Secretary of State Administrative Rule Amendments Effective Nov. 12, 2021 (45 Ill. Reg 14985) By Larry A. Davis Traffic Laws and Courts, February 2022 Summaries of the changes made to the Illinois Administrative Code, which were proposed in November 2020 and approved in December 2021.
Changes to Supreme Court Rule 552 By Brian Smith Traffic Laws and Courts, January 2022 The Illinois Supreme Court issued final changes to several rules on September 29, including Rule 552, which governs how traffic citations are processed by the circuit courts.
Important Suspensions Update: SOS Eliminates Failure to Pay Suspensions By Ted Harvatin Traffic Laws and Courts, January 2022 As of June 7, 2021, the Secretary of State has eliminated failure to pay stops and suspensions.
1 comment (Most recent February 5, 2022)
Per Se Conflicts of Interest Apply to DUI Cases By Hon. Jeremy J. Richey Traffic Laws and Courts, January 2022 In People vs. Yost, the Illinois Supreme Court discussed the per se conflict of interest, which triggers an automatic reversal of conviction.
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.
Breathalyzer Challenge Toppled by Lack of Credibility By Adam Miller Traffic Laws and Courts, May 2021 In People v. Sokolowski, the court upheld the denial of a motion in limine asking to bar a preliminary breath test result and a guilty verdict following a stipulated bench trial.
Defense Must Prove Blood Draw Was Carried Out by State Actors By David B. Franks Traffic Laws and Courts, May 2021 A summary and analysis of People v. Mueller.
Does State Commit a Discovery Violation When Evidence Does Not Exist? By Anisa Jordan & Victoria Buchholz Traffic Laws and Courts, May 2021 People v. Althoff discusses whether a discovery violation occurs when the state fails to produce evidence requested by the defendant that normally would exist in the context of a DUI investigation but, for whatever reason, does not exist.
Recent U.S. Department of Justice Funded Study Raises Constitutional Issues & Prosecution Challenges in Cannabis-Related DUI Cases By Larry A. Davis Traffic Laws and Courts, May 2021 A recent U.S. Department of Justice study stated that THC is not a reliable marker of cannabis impariment and field sobriety tests were not sensitive to cannabis intoxication.
Summary of the License to Work Act By Ted Harvatin Traffic Laws and Courts, February 2021 On January 17, 2020, Governor Pritzker signed into the law the License to Work Act.

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