People v. Jung: constitutionality of 11-501.4-1 upheldBy Daniel T. GillespieTraffic Laws and Courts, January 2001Does the provision of the Illinois Motor Vehicle Code which allows the results of physician-ordered blood or urine tests conducted in the course of emergency treatment for injuries resulting from a motor vehicle accident to be reported to state or local law enforcement officials violate a patient's right to privacy in his medical records under the Illinois Constitution?
Recent traffic casesBy James J. AhernTraffic Laws and Courts, January 2001Hospital blood-alcohol test results are both discoverable and admissible under section 11-501.4 of the Illinois Vehicle Code, 625 ILCS 5/11-501.4, People v. Wilber, 279 Ill.App.3d 462, 664 N.E.2d 711, 216 Ill.Dec. 74 (4th Dist. 1996).
Reporting of court supervision to the Secretary of StateBy Patrick E. McGannTraffic Laws and Courts, January 2001Vehicle crashes are one of the leading cause of death in the United States. These unnecessary deaths, one every 13 minutes, injuries and property damage cost our economy $150 billion dollars each year.
The authority to effectuate an arrest in IllinoisBy Larry A. DavisTraffic Laws and Courts, October 2000A new appellate court case, People vs. Kirvelaitis (No. 2-99-859, 2nd District, 8/9/00), contains an excellent discussion of a police officer's authority to arrest under current Illinois law.
Recent traffic casesBy James J. AhernTraffic Laws and Courts, October 2000A due process violation occurs where the state destroys evidence after the defense files a timely discovery motion seeking its preservation, even if the defense attorney cannot show that the evidence had exculpatory value.
Review of important new traffic laws of 91st General Assembly approved by Governor RyanBy James J. AhernTraffic Laws and Courts, October 2000Amends section 11-501 and section 6-303 of the Illinois Vehicle Code to re-enact provisions of Public Act 88-680 that were declared unconstitutional by the Illinois Supreme Court in People v. Cervantes, 189 Ill.2d 80, 723 N.E.2d 265, 243 Ill.Dec. 233 (1999) as violating the single subject provisions of the Illinois Constitution.
DUI supervisions are no longer expungeable and allegations subsequent to supervision event may preclude expungementBy Angela PetersTraffic Laws and Courts, July 200020 ILCS 2630/5 governs the expungement of arrest-related records. "... Whenever an adult or minor prosecuted as an adult, not having previously been convicted of any criminal offense or municipal ordinance violation, charged with a violation of a municipal ordinance or a felony or a misdemeanor, is acquitted or released without being convicted,...,
In the absence of probable cause, can police search a vehicle after a traffic stop?By Daniel T. GillespieTraffic Laws and Courts, July 2000Assume that a police officer on routine patrol has stopped a motorist for a traffic violation. Absent probable cause, can the officer search the vehicle? The United States Supreme Court decided that question in Knowles v. Iowa, 119 S. Ct 484 (1998).
Judicial estoppel to bar use of breath or blood test results?By J. Brick Van Der SnickTraffic Laws and Courts, July 2000In People v. Wisbrock, 223 Ill.App.3d 173 (3rd Dist. 1991), the appellate court ruled that the State was precluded from utilizing a breath result in a DUI trial, where the defendant's conduct at the time of testing had been construed as a test refusal at the summary suspension hearing.
Does the use of police emergency lights to curb a vehicle constitute a “seizure?”By Daniel T. GillespieTraffic Laws and Courts, May 2000In City of Highland Park v. Lee, 291 Ill. App. 3d 146, 694 N.E. 2d 673, 230 Ill. Dec. 704 (2d Dist. 1997), the Illinois Appellate Court held that the use of police emergency lights constitutes a show of authority used to restrain the liberty of a motorist.
State’s right to compel testimony in petitions to revokeBy Renee Robinson SalesTraffic Laws and Courts, May 2000In a hearing on a petition to revoke supervision, conditional discharge or probation, does the state have the right to compel a defendant to testify? In People v. Bell, 296 Ill. App.3d 146, 694 N.E.2d 673, 230 Ill.Dec. 704, the court said yes.
Statutory summary suspension issuesBy Michael W. FeettererTraffic Laws and Courts, May 2000A statutory summary suspension proceeding is a unique animal in that it meshes civil procedures with criminal and constitutional law.
Cook County villages enjoined from using P-ticketsBy James J. AhernTraffic Laws and Courts, April 2000For a number of years, certain villages located within Cook County, Illinois have been using programs to enforce traffic laws which programs are inconsistent with the enforcement of Illinois Vehicle Code.
Police may not detain driver after the purpose of the traffic stop is concludedBy Angela PetersTraffic Laws and Courts, April 2000In the case of People v. Brownlee, 186 Ill.2d 501, 713 N.E.2d 556 (1999), two officers were on a "special detail" patrol looking for illegal drug activity and illegal weapons. Around 10:00 p.m., Officer Guerrero observed a white car stop in front of an apartment complex.
Certain provisions of the Illinois drivers license and DUI law held unconstitutionalBy George G. LivasTraffic Laws and Courts, March 2000On December 2, 1999, the Illinois Supreme Court ruled that Public Act 88-680, known as the "Safe Neighborhoods Law" was unconstitutional for the reason that it violates the single subject requirements of the Illinois Constitution of 1970.
Motions for continuance: grounds and factorsBy Lawrence W. TerrellTraffic Laws and Courts, March 2000A continuance is defined as an adjournment by order of court of a cause from one day to another or from one hour to another.
Contesting a suspension for possession or use of a fake driver’s licenseBy Chris E. FreeseTraffic Laws and Courts, October 1999The Illinois Vehicle Code provides in section 6-206 (a) (10) that: "The Secretary of State is authorized to suspend or revoke the driving privileges of any person without preliminary hearing upon a showing of the person's records or other sufficient evidence that the person has possessed, displayed, or attempted to fraudulently use any license, identification card, or permit not issued to the person."
Review of new traffic lawBy James J. AhernTraffic Laws and Courts, October 1999Amends section 9-3 of the Illinois Criminal Code to authorize a prosecution for reckless homicide for the person who, while operating a snowmobile, all-terrain vehicle or watercraft, causes the death of another person as a result of the reckless operation of such device. Effective January 1, 2000
Revised DUI penalty guideBy Chris E. FreeseTraffic Laws and Courts, October 1999The following DUI penalty guide was originally published in the General Practice, Solo & Small Firm newsletter in June 1996.
Does the Illinois Department of Transportation have the authority to set a statewide speed limit?By Alan T. SaegerTraffic Laws and Courts, June 1999On November 28, 1995, President William J. Clinton signed legislation which repealed the federally-mandated 55 mph speed limit, a relic of the 1973-74 Arab oil embargo later modified to permit 65 mph on certain highways, effective on December 8, 1995.
Recent casesBy James J. AhernTraffic Laws and Courts, June 1999While a motion for a continuance is addressed to the sound discretion of the trial court, in the event the court is advised that the continuance is needed to substitute the defendant's attorney or to produce witnesses or because the defendant was not capable of assisting her attorney in the defense of a DUI charge because of her illness, the trial judge should make inquiry to determine whether the need exists for the continuance or whether the request is being made as a delaying tactic.
Breathalyzer logbooks—What they don’t and won’t tell youBy Donald J. RamsellTraffic Laws and Courts, April 1999Each breath instrument in the state of Illinois which is employed in DUI arrests has a "logbook." The logbook is defined as "a written record by the law enforcement agency for tests performed according to standards and procedures on each instrument."
