Publications

Section Newsletter Articles on Traffic Laws

New legislation By Steve Baker Traffic Laws and Courts, February 2008 Amends the Criminal Code of 1961. Provides that in cases involving reckless homicide in which the defendant unintentionally kills an individual while driving in a posted school zone or in a construction or maintenance zone, the trier of fact may infer that the defendant’s actions were performed recklessly where he or she was also either driving at a speed of more that 20 miles per hour in excess of the posted speed limit or violation the DUI provisions of the Illinois Vehicle code.
Recent traffic cases By James J. Ahern and Thomas M. Moran Traffic Laws and Courts, February 2008 Section 12-503(c) of the Illinois Vehicle Code prohibits a person from operating a vehicle: …with any objects placed or suspended between the driver and the front windshield, rear window, side wings or side windows immediately adjacent to each side of the driver which materially obstructs the driver’s view. (Emphasis added).
Did People v. McKown “Frye” the HGN test? By Christopher B. Klis Traffic Laws and Courts, December 2007 The old saying be careful of what you ask for because you just might get it, applies to all DUI practitioners. If you object at trial to the admission of the HGN based on Frye, be prepared to conduct a full hearing regarding the test. The attorneys from both sides who are the first to conduct a full Frye hearing regarding the admission of the HGN, will inevitably change the course of future DUI trials in the state.
Recent traffic cases By James J. Ahern and Thomas M. Moran Traffic Laws and Courts, December 2007 The trial court has authority to order that bond funds be used to provide restitution notwithstanding the fact that the bond is posted by someone other than the defendant.
Legislative update: Ten new Public Acts that affect general practice By J.A. Sebastian General Practice, Solo, and Small Firm, November 2007 The following is a summary of recent legislative action of interest to members of the ISBA General Practice, Solo, and Small Firm Section.
High-speed pursuits after Scott v. Harris By Jenette M. Schwemler Local Government Law, August 2007 This article examines the reasoning behind the Supreme Court’s decision, as well as implications it has on current policies and procedures involving high-speed pursuits.
Recent cases and cases of interest By James J. Ahern and Thomas M. Moran Traffic Laws and Courts, August 2007 Recent traffic cases of interest.
Vehicle title transfer tax trap By Paul Osborn Family Law, July 2007 Advising clients of the tax consequences of each element of a settlement agreement requires counsel to complete the daunting task of actually reading and understanding more than just the relevant provisions of the Internal Revenue Code, its Regulations and Tax Court Interpretations.
Recent cases and cases of interest By James J. Ahern Traffic Laws and Courts, June 2007 Section 6-303 of the Illinois Vehicle Code prohibits a person from driving a vehicle while the driver’s license is suspended or revoked.
Can a single strand of beads hanging from the rearview mirror form the basis for a legitimate traffic stop? By J. Brick Van Der Snick Traffic Laws and Courts, March 2007 In People v. Ronald Cole, the Illinois Appellate Court for the Fourth District held that a single strand of beads hanging from a defendant’s rearview mirror, without materially obstructing the defendant’s view, could not form a legitimate basis for a traffic stop of the defendant.
Case summary By David B. Franks Traffic Laws and Courts, March 2007 On August 18, 2002 the Defendant, Catherine Sturgess, was arrested and charged with driving under the influence of alcohol (DUI) and failure to reduce speed to avoid an accident.
New law abolishes judicial driving permits By Edward M. Maloney Traffic Laws and Courts, March 2007 Recently, MADD, AAIM and other support groups came to the conclusion that the increased use of BAIID or SCRAM devices would reduce the DUI recidivist rate.
Recent cases and cases of interest By James J. Ahern and Thomas M. Moran Traffic Laws and Courts, March 2007 In People v. Brady, No. 02-04-1281, ___ Ill.App.2d ___, ___ N.E.2d ___, ___ Ill.Dec. ___ (2nd Dist. 2007), Defendant was charged with leaving the scene of a motor vehicle accident involving death of a person, aggravated reckless driving and drag racing.
The saga of admissibility of vehicular post-collision photographs continues By Stephen C. Buser Civil Practice and Procedure, March 2007 The First District Appellate Court decided nearly four years ago in Dicosola v. Bowman, 342 Ill.App. 3d 530, 794 N.E. 2d 875, 276 Ill.Dec.625 (1st Dist. 2003) that vehicular post-collision photographs were not admissible in automobile accident litigation absent expert testimony.
Admonitions in the criminal court: Waiver of Counsel, Jury Demand, and Noncitizen Guilty Pleas By Patrick M. Kinnally Traffic Laws and Courts, January 2007 Whether one agrees with the requirement of advising noncitizens about the immigration consequences relating to a plea of guilty is not the issue, but the law.
Community caretaking: No longer the third tier of police-citizen encounters By Steven J. Block Traffic Laws and Courts, January 2007 In Illinois, the appropriate test in determining whether a seizure has occurred for a person seated in a parked vehicle is well settled.
Recent cases and cases of interest By James J. Ahern and Thomas M. Moran Traffic Laws and Courts, January 2007 Recent cases of interest to traffic lawyers.
Recent traffic cases and cases of interest By James J. Ahern Traffic Laws and Courts, August 2006 Recent cases of interest.
Summary of traffic-related decisions published in the official reports By Hon. Daniel M. Locallo Criminal Justice, June 2006 NOTE: This is the second half of the Traffic Related Decisions Summary.
Summary of traffic-related decisions published in the official reports By Hon. Daniel M. Locallo Traffic Laws and Courts, June 2006 NOTE: This is the second half of the Traffic Related Decisions Summary. The first half appeared in the last edition of the Newsletter.
Summary of traffic-related decisions published in the official reports By Hon. Daniel M. Locallo Traffic Laws and Courts, May 2006 NOTE: This is the first half of the Traffic-Related Decisions Summary. The second half will be published in the next edition of the Newsletter
Summary of traffic-related decisions published in the official reports By Hon. Daniel M. Locallo Criminal Justice, April 2006 NOTE: This is the first half of the Traffic-Related Decisions Summary.
Recent traffic cases and cases of interest By James J. Ahern Traffic Laws and Courts, January 2006 Probable cause exists when the facts known to the officer at the time of the arrest are sufficient to lead a reasonably cautious person to believe that the person arrested has committed a crime.
Recent cases By James J. Ahern and Thomas M. Moran Traffic Laws and Courts, October 2005 Recent traffic cases and cases of interest.
Terry stops: the riddle of Fourth and Fifth Amendment jurisprudence By Patrick M. Kinnally General Practice, Solo, and Small Firm, September 2004 Benny Bogain has come to see you. Over the years, he has experienced a few problems with local law enforcement officers. A DUI, a battery charge, and most recently a minor ordinance violation for possessing a 12-pack in Lincoln Park.
Recent cases By Thomas M. Moran and James J. Ahern Traffic Laws and Courts, April 2004 A police officer has authority to stop a vehicle when the driver remains at a standstill for 20 seconds after the traffic control signal turns green. In People v. Kelly, No. #2-02-0274, ___ Ill.App.3d ___, 802 N.E.2d 850, 280 Ill.Dec. 599 (2d Dist. 2003), after the officer observed the defendant's vehicle remain stopped at an intersection for approximately 20 seconds after the light turned green.
A preliminary breath screening test (PBT) is admissible in a hearing in a motion to quash arrest and suppress evidence and in a petition to rescind statutory summary suspension By Sean D. Brady Traffic Laws and Courts, December 2001 The general rule in a driving under the influence of alcohol (DUI) case is that the State cannot admit into evidence the results of a preliminary breath-screening test (PBT) in its case in chief.
“Primary stop” ordinances: home rule power By Lawrence W. Terrell Traffic Laws and Courts, January 2001 According to the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA), seat belts reduce the risk of fatal injury by 45 percent and reduce the risk of serious injury by 50 percent. Nevertheless, nearly one-third of all Americans still do not buckle up.
Driving relief from 11-501.6 and 11-501.8 Summary suspensions By Edward M. Maloney Traffic Laws and Courts, March 2000 Upon the arrest for driving under the influence of alcohol a police officer is required to issue a statutory summary suspension to the arrested motorist.
Second Appellate District rule that unconstitutional roadblocks result from the unbridled discretion of police officers By Larry E. Smith Traffic Laws and Courts, March 2000 Even though the Fourth Amendment of the United States Constitution guarantees citizens the right to be free from unreasonable searches and seizures that result from objective and subjectively intrusive roadblocks, some police agencies continue to exercise unbridled discretion in the implementation of unconstitutional roadblocks under the guise of furthering public safety.