Section Newsletters

Articles on Traffic Law

The mandatory conversion of blood serum in DUI prosecutions By Thomas M. Moran Traffic Laws and Courts, November 2002 Pursuant to section 11-501.4 of the Illinois Vehicle Code, 625 ILCS 5/11-501.4 results of blood tests obtained during hospital treatment are admissible in DUI or Reckless Homicide prosecutions, provided the results were ordered in the regular course of medical treatment.
Plea to charge of reckless driving bars subsequent prosecution for offense of reckless homicide By Angela Peters Traffic Laws and Courts, November 2002 In People v. Sienkiewicz, 331 Ill.App.3d 70, 771 N.E.2d 580, 264 Ill.Dec. 826 (2d D. 2002), the defendant pled guilty to reckless driving after his passenger was killed when the defendant lost control of his motorcycle.
Recent cases By James J. Ahern Traffic Laws and Courts, November 2002 Prior to January 1, 2001, the Illinois Department of Public Health (now Department of State Police) had the responsibility to promulgate rules relating to the chemical analysis of a person's blood, breath or urine.
Review of recent new traffic laws of the 92nd General Assembly By James J. Ahern Traffic Laws and Courts, November 2002 Governor Ryan has approved House Bill 5941, which will become effective January 1, 2003.
Boating while under the influence (BUI) Traffic Laws and Courts, July 2002 Chapter 625 of the Illinois Compiled Statutes, section 45/5-16, is entitled, "Operating a watercraft under the influence of alcohol, other drug, or combination thereof."
City of Naperville v. Schiavo: an erosion of the case law governing stops based on anonymous tips? By Michael W. Feetterer Traffic Laws and Courts, July 2002 On January 18, 2002, the Second District Appellate Court handed down its decision in the City of Naperville v. Gary C. Schiavo.
Recent cases By James J. Ahern Traffic Laws and Courts, July 2002 Section 110-7 of the Code of Criminal Procedures, 725 ILCS 5/110-7, provides that, when a defendant posts a bail bond deposit, he must acknowledge that his bail may be used "to pay costs, attorney's fees, fines, or other purposes authorized by the court.
Supervision and CDL: serious traffic violations—A trap for the Inexperienced Practitioner By Louis A. Bern Traffic Laws and Courts, July 2002 The Uniform Commercial Driver's License Act (UCDLA), 625 ILCS 5/6--500 et. seq. has substantially limited the availability of supervision as a sentencing alternative for most, if not all, moving violations committed while operating a commercial motor vehicle (CMV).
When does the 90-day filing requirement to challenge a statutory summary suspension begin? By Larry A. Davis Traffic Laws and Courts, July 2002 In an effort to prevent drivers from filing petitions to rescind months, if not years, after a statutory summary suspension had become effective, often after the suspension had already terminated, the Legislature amended 625 ILCS 5/118.1(b) effective January 1, 1996 to provide:
Is a motorist obligated to exit his vehicle following a stop by police for a traffic violation? By Ari M. Trubitt Traffic Laws and Courts, May 2002 It is not an uncommon scenario that police will effect a traffic stop of a motor vehicle for a minor traffic violation, which results in the discovery of other criminal activity on the part of the driver and/or passenger(s).
Is it time to revisit the doctrine of collateral estoppel in the context of statutory summary suspension hearings? By Larry A. Davis Traffic Laws and Courts, May 2002 On January 1, 1986, what is known as the Illinois Summary Suspension Law became effective.
Necessity of filing a timely notice of appeal following hearing on a petition to rescind By Angela Peters Traffic Laws and Courts, May 2002 When does a notice of appeal have to be filed after hearing on the Petition to Rescind in order to preserve the issues for appeal?
Suspensions and revocations for fraudulent or altered identification cards, permits and licenses By Edward M. Maloney Traffic Laws and Courts, May 2002 Parents send off their children to college with great pride and a certain degree of apprehension.
The Zero Tolerance Law By John T. Doody, Jr. Traffic Laws and Courts, May 2002 In 1995 the Zero Tolerance Law (625 ILCS 5/6-11-501.8) became law. Since that time, there have been amendments to the law and the Secretary of State ('SOS') has implemented administrative rules (92 Ill. Admin. Code 1001.600 et seq.) governing these suspensions.
2002 DUI sentencing guide Traffic Laws and Courts, February 2002
Discovery in DUI, misdemeanor and traffic cases By J. Brick Van Der Snick Traffic Laws and Courts, February 2002 A problem facing prosecutors and defense attorney's practicing in the field of DUI, which includes statutory summary suspensions, misdemeanor, and traffic cases, is to what extent discovery is allowed under the Illinois statutes and case law.
Field sobriety tests in Illinois: Valid psychophysical tests or voodoo science? By Donald J. Ramsell Traffic Laws and Courts, February 2002 I recently had the opportunity to become certified in standardized field sobriety testing under the National Highway Traffic Safety Administration (NHTSA) Program, run by the International Association of Chiefs of Police.
Scrivener’s error: validity of a sworn report By Lawrence W. Terrell Traffic Laws and Courts, February 2002 The recent appellate court decision of People vs. Wyzgowski1 held that a scrivener's error did not affect the validity of the officer's sworn report.
What is the proper standard for a motion for a directed finding? People v. Connolly By Daniel T. Gillespie Traffic Laws and Courts, February 2002 In People v. Connolly, 322 Ill. App. 3d 905, 751 N.E. 2d 1219 (2d Dist. 2001), the Illinois Appellate Court articulated the proper standard for ruling on what has, among trial practitioners, been commonly known as a motion for a directed finding at the close of the State's case.
When can a disposition of supervision be granted? By Nancy G. Easum Traffic Laws and Courts, February 2002 In general, a disposition of supervision may be granted for petty offenses and misdemeanors.
Recent cases By James J. Ahern Traffic Laws and Courts, December 2001 Although Motions in Limine are most frequently used to bar or limit evidence, they may also be used by a proponent of evidence such as the State, to obtain a pretrial ruling that the evidence at issue will be admitted at trial.
Review of new traffic laws of the 92nd General Assembly By James J. Ahern Traffic Laws and Courts, December 2001 As these are summaries only, the Public Act should be reviewed before reliance. A copy of the bills and status can be obtained on the Internet at www.ilga.govlegisnet/legisnet92/92gatoc.html.
Secretary of State now reports DUI supervision to other states By James J. Ahern Traffic Laws and Courts, December 2001 Illinois lawyers representing clients charged with DUI should be aware of a new practice of the Illinois Secretary of State which may have far reaching consequences to those clients.
Can a person arrested for driving under the influence of alcohol refuse to submit to chemical testing unless afforded an opportunity to consult with an attorney? By Ari M. Trubitt Traffic Laws and Courts, June 2001 This article will discuss the case law and issues regarding a motorist's request to speak to an attorney upon being requested to submit to chemical testing following an arrest for driving under the influence of alcohol.
Do breath operators have valid licenses? By Larry A. Davis Traffic Laws and Courts, June 2001 Effective January 1, 2001 the Illinois State Police assumed responsibility for the regulation of chemical tests performed pursuant to the Illinois summary suspension laws 625 ILCS 5/11-501.1 11-501.6 and 11-501.8 as well as those arising out of an arrest for violation of 11-501 from the Illinois Department of Public Health (IDPD). See 625 ILCS 5/11-501.2; 11-501.6 and 11-501.8.
Late night DUI call By Douglas B. Olivero Traffic Laws and Courts, June 2001 What advice, if any, do you give when you are awakened by a late night DUI call? Before we begin addressing this question, it may be important to review your own state of mind which could have a bearing on the advice, if any, that you provide.
New rules for testing of breath, blood, and urine for alcohol, other drugs, and intoxicating compounds By Lieutenant Michael McIntosh & Nancy G. Easum Traffic Laws and Courts, June 2001 On January 1, 2001, as a result of the enactment of P.A. 91-0828, the Illinois State Police (ISP) became responsible for the testing of breath, blood, and urine for alcohol, other drugs, and intoxicating compounds.
Recent traffic cases By James J. Ahern Traffic Laws and Courts, June 2001 The Second District Appellate Court was recently presented with the issue of whether home rule local governmental units have authority to enact and enforce an ordinance that allows police officers to stop a motor vehicle solely because an occupant was perceived to be not wearing a seat belt even though section 12-0603.1 (e) prohibits a law enforcement officer from stopping a motor vehicle solely for not wearing a seat belt.
2001 DUI Penalty Guide By Chris E. Freese Traffic Laws and Courts, January 2001 This is a Class A Misdemeanor. The penalty imposed by the Court may be any of the following:
Electronic transmission of driver’s license abstracts to establish proof prior conviction(s) for DUI or driving while revoked By Renee L. Robinson Traffic Laws and Courts, January 2001 This article will discuss briefly the proof required to establish that a defendant was previously convicted of the offense Driving Under the Influence of Alcohol/Drugs and Driving While Revoked.

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