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Articles on Traffic Law

Case Summary: People v. Useni By James Stern Traffic Laws and Courts, January 2026 The People v. Useni decision explores why base allegations are not sufficient to deny bail. 
Criminal Conduct When Intoxicated By Ted Hammel & Kristen Messamore Traffic Laws and Courts, January 2026 A 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 Magic By Adam M. Miller Traffic Laws and Courts, January 2026 A 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 Solutions By Anthony B. Cameron & Evan Bruno Traffic Laws and Courts, January 2026 While 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) 240991 By Evan Bruno Traffic Laws and Courts, October 2025 This 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) 240929 By Jason M. Kunowski Traffic Laws and Courts, October 2025 Know 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-U By J. Brick Van Der Snick Traffic Laws and Courts, October 2025 The 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 130775 By J. Brick Van Der Snick Traffic Laws and Courts, October 2025 In 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 Cases By Nancy G. Easum Traffic Laws and Courts, October 2025 Can 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 Masking By Frank P. Andreano Traffic Laws and Courts, October 2025 The 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) 240352 By David Franks Traffic Laws and Courts, July 2025 A 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. Andreano Traffic Laws and Courts, July 2025 An 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 Cases By Terrence Wallace Traffic Laws and Courts, July 2025 Lessons learned from People v. LaForce, 2024 IL App (3d) 230328-U for foundational requirements at a trial for overweight tickets. 
1 comment (Most recent July 25, 2025)
Garden-Variety DUI to Felony: The Fifth District’s Limitation of Prior Conduct By Theodore Harvatin Traffic Laws and Courts, July 2025 In 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. 
1 comment (Most recent July 25, 2025)
The New Face of Forfeiture: Innocence Now Matters By Frank P. Andreano Traffic Laws and Courts, July 2025 Recent changes to Illinois Forfeiture Law means what previously qualified as “probable cause” to warrant seizure is no longer enough.  
Officer Procuring Keys From Driver Does Not Equate to Arrest By Adam M. Miller Traffic Laws and Courts, August 2024 A summary and analysis of People v. Pellegrino.
Overlooked Attacks on the Admissibility of the PBT Test By Terry Wallace Traffic Laws and Courts, August 2024 The 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.
People v. Kotlinski: Courts Can Rule on Merits of Petition to Rescind Statutory Summary Suspension Before Confirmation By Brian Smith Traffic Laws and Courts, August 2024 Further deepening a split between Illinois appellate districts, the Fourth District Appellate Court ruled that trial courts have jurisdiction to rule on the merits of a petition to rescind statutory summary suspension where there is no confirmation from the Secretary of State.
Reasonable Suspicion Can Exist, Even When the Knowledge Leading to the Arrest Is Not Known by the Arresting Officer Until Three Days After the Arrest By J. Brick Van Der Snick Traffic Laws and Courts, August 2024 A summary and analysis of People v. Whiles.
After Agreed Statement of Facts, Defendant Found Guilty of Speeding, Appellate Court Reverses By J. Brick Van Der Snick Traffic Laws and Courts, May 2024 A summary and analysis of People v. Butler.
Expunge in Illinois Means to Physically Destroy the Records –Springfield, We May Have a Problem By Ted Hammel Traffic Laws and Courts, May 2024 The statutory authority for expungement for misdemeanor driving under the influences cases is found in the Criminal Identification Act.
Removing Stubborn Driving Record Items: Failure to Pay Type Action 68s on Abstracts By Jason Wilkins Traffic Laws and Courts, May 2024 Information for attorneys about the process of removing type actions related to non-payment of citations.
What’s New in Secretary of State Restricted Driving Permits? By Ted Harvatin Traffic Laws and Courts, May 2024 The 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 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.

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