Section Newsletters

Articles on Traffic Laws

Second Appellate District holds that the privilege against self-incrimination does not apply to statutory summary suspension hearings—A critique By Larry A. Davis Traffic Laws and Courts, May 2003 In Village of Algonquin v. Tilden, 335 Ill. App. 3d 332, 280 N.E. 2d 832; 269 Ill. Dec. 360 (2nd D, 2002), the Second Appellate District held that a defendant can be compelled to testify as an adverse witness in a hearing conducted pursuant to her petition to rescind a statutory summary suspension without implicating the fifth amendment right against self-incrimination.
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.
Contesting a suspension for possession or use of a fake driver’s license By Chris E. Freese General Practice, Solo, and Small Firm, August 1999 The 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."
Use of Requests to Admit in summary suspension hearings By J. Brick Van Der Snick Traffic Laws and Courts, June 1999 This article will outline the impact and benefits of using the Request to Admit Facts in a summary suspension proceeding and will highlight the case law on this point.
Secretary of state suspensions for possession, display or fraudulent use of license and identification card By Edward M. Maloney Traffic Laws and Courts, April 1999 For several years now the secretary of state has been routinely suspending driving privileges of Illinois residents under the age of 21 who are found to be in possession of an identification card or license not issued to them.

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