Section Newsletter Articles on Traffic Laws

Guillermo, Brantley, and appellate court conflicts: What’s a lawyer to do? By Hon. Joel Berg Traffic Laws and Courts, May 2017 Guillermo and Brantley raise important issues, but how much and to whom do they apply? Both appear to create a conflict in the Appellate Court. Yet the nature and extent of those conflicts are unclear. And both sides—prosecution and defense—have arguments, but it’s unclear who wins.
Improper lane usage: What you need to know to prepare a defense By Lisa L. Dunn Traffic Laws and Courts, May 2017 The law in Illinois is very clear: even the slightest, most minor lane violation can be a basis for an investigatory stop. Here's what you need to know.
Consent and the PBT By William L. Vig Traffic Laws and Courts, December 2016 If, considering the totality of the circumstances in a given case, the defendant’s submission to a PBT was not voluntary, that PBT result is subject to suppression in both the criminal motion to suppress and the civil petition to rescind.
Appellate court reverses trial court’s findings of no jurisdiction for the police officer to arrest defendant—People v. Reynolds, 2016 IL App (4th) 150572 By J. Brick VanDerSnick Traffic Laws and Courts, October 2016 In this recent opinion, the Appellate Court reversed the trial court's finding that the officer lacked jurisdiction to arrest to motorist.
Failure to comply with Illinois Supreme Court Rule 552’s 48-hour requirement: What is the proper remedy? By Anisa L. Jordan Traffic Laws and Courts, October 2016 What is the proper remedy for a violation of Rule 552? To answer this question, the Illinois Supreme Court stated that it first must determine whether Rule 552 was directory or mandatory. The Court noted that making this distinction would guide the court in determining the proper remedy for failure to comply with Rule 552’s timing requirement.
Litigating Kladis By Hon. Joel Berg Traffic Laws and Courts, October 2016 In People v. Kladis, the Illinois Supreme Court approved extreme sanctions for the loss of video evidence. Many thought this a watershed moment in mandating the creation and preservation of video evidence. They were wrong. Subsequent cases illustrate both the narrow nature of the Kladis holding and how misunderstood that holding has been.
Evidence obtained after an illegal stop but subsequent to learning of an outstanding warrant for the detainee, is admissible By Stephen W. Baker Criminal Justice, September 2016 Illinois practitioners should be cognizant that the U.S. Supreme Court ruling in Utah v. Strieff is arguably at odds with numerous Illinois rulings to the contrary.
Secretary of State administrative code changes 2016 By Ted Harvatin Traffic Laws and Courts, July 2016 A look at the recent rule changes within the Secretary of State's purview. 
Legislative highlights for 2015 By Larry A. Davis Traffic Laws and Courts, June 2016 The 2015 99th Illinois General Assembly was one of the most productive and successful in recent memory for legislative initiatives supported by the ISBA.
Recent cases and cases of interest By Thomas M. Moran Traffic Laws and Courts, June 2016 Cases of interest to practitioners.
Warrantless entry into defendant’s home was not justified By David B. Franks Traffic Laws and Courts, June 2016 A summary of the recent case of People v. Swanson.
Big changes to driving eligibility effective January 1, 2016 By Tom Speedie Traffic Laws and Courts, May 2016 A discussion of the legislation that took effect in January of this year.
CDL and “masking” issue By Ted Harvatin Traffic Laws and Courts, December 2015 Federal regulations prohibit “masking” in order to avoid the CDL consequences.
Conviction for aggravated failure to report an accident resulting in death affirmed By J. Brick Van Der Snick Traffic Laws and Courts, December 2015 In People v. Moreno, Defendant was convicted after a bench trial despite the fact that the Defendant was “physically unable” to report the accident at a police station within 30 minutes because he had been taken to the hospital and was then taken into custody.
Iowa looks to launch an electronic driver’s license By David Clark Legal Technology, Standing Committee on, November 2015 Recently, Iowa Department of Transportation has launched a test pilot program to create an electronic driver’s license to work with smartphone technology.
Revisions to the Illinois Interlock Program, DUI and summary suspension statutes By Marc Christopher Loro Administrative Law, September 2015 Effective January 1, 2016, several legislative changes amend the Illinois Interlock program, DUI and summary suspension statutes.
Violation of speedy trial on elected charge results in dismissal of all charges By Anthony A. Bruno Traffic Laws and Courts, September 2015 A summary of the recent decision in People v. Raymer.
What constitutes “vehicles,” “motor vehicles” and their Illinois Vehicle Code violations By Ted Harvatin Traffic Laws and Courts, September 2015 A helpful overview of these frequently used terms.
Excessive / aggravated speeding By Jennifer B. Wagner Traffic Laws and Courts, June 2015 The ISBA's Traffic Laws & Courts Section has provided an amicus brief in the case of People v. Rizzo.
Representing a suspended or revoked driver before the Secretary of State; formal administrative hearing for relief pursuant to Section 6-206(a) 9, 10 OR 14 of the Illinois Vehicle Code By Lisa L. Dunn Traffic Laws and Courts, June 2015 A discussion of how to successfully represent a client who is suspended or revoked pursuant to Sections 6-206(a)9, 10 or 14 of the Illinois Vehicle Code.
Are blood draws under Illinois Implied Injury Consent Injury statutes unconstitutional? By Donald J. Ramsell Traffic Laws and Courts, May 2015 In a recent decision in Illinois, an appellate court was asked to decide whether 11-501.6, the personal injury testing statute, was facially unconstitutional under the 4th amendment in light of Missouri v. McNeely.
Cook County judge finds law precluding court supervision for “excessive speeding” unconstitutional By Tom Speedie Traffic Laws and Courts, May 2015 In his motion, the judge argued that the aggravated speeding statute is unconstitutional as violating Due Process and Equal Protection, and that preclusion of court supervision on the charge pursuant to 730 ILCS 5/5-6-1(p) violates the proportionate penalties clause of the Illinois Constitution.
Ex parte judgments in petty traffic cases By Jeremy Richey Traffic Laws and Courts, March 2015 A discussion of what these judgments are and how the practitioner may set them aside.
Strobel: When there’s no audio on the video By David B. Franks Traffic Laws and Courts, February 2015 Trial Court abused its discretion in barring testimony regarding field sobriety tests and barring the introduction of the video depicting defendant's performance on the field sobriety tests since no audio recording of the Police encounter with Defendant ever existed.
Constitutionality of Secretary of State BAIID violation hearings By Larry A. Davis Traffic Laws and Courts, May 2014 Since the burden of proof is on the driver to establish that no violation occurred, the Secretary of State will typically uphold the suspension based solely on the evidence provided by the printout.
Guilty of driving while license suspended even if the suspension is rescinded after the fact By Lisa L. Dunn Traffic Laws and Courts, May 2014 In People v. Elliott, the Supreme Court considered whether conduct that occurred after the commencement of, but before the rescission of the defendant’s statutory summary suspension, renders the charge invalid.
How to determine if a traffic ticket is a “mover” and if so, the potential driver’s license sanctions By Ted Harvatin Traffic Laws and Courts, May 2014 A roadmap for analyzing potential traps for the unwary practitioner.
Witness’ prior consistent statement, absent allegation of recent fabrication or motivation to lie, was reversible error By J. Brick Van Der Snick Traffic Laws and Courts, May 2014 In the recent case of People v. Randolph, the appellate court was faced with the failure of the trial court to properly limit and supervise prior consistent statements by a corroborating and arresting police officer on defendant.
Is the Illinois summary revocation law enforceable? By Larry A. Davis Traffic Laws and Courts, January 2014 As things currently stand, law enforcement officers should be properly trained that where probable cause to arrest for DUI exists prior to requesting testing, warnings must be given pursuant to Section 11-501.1 and where such reasonable grounds do not exist, warnings must provided under Section 11-501.6.
Civil liberty under fire: Can local law enforcement officials force blood tests from a drunk-driving suspect without a warrant? By Maggie Noe Human Rights, December 2013 In January 2013, the United States Supreme Court heard the case of McNeely v. Missouri, and ruled the non-consensual warrantless blood test violated the suspect’s right to be free from unreasonable search of his person.