1999 Articles

Are licenses issued by the Illinois Department of Public Health to operate breath analysis instruments valid? By Larry A. Davis June 1999 John Doe is arrested for DUI on October 27, 1998, and agrees to submit to evidentiary breath testing, resulting in a BAC of .17.
Breathalyzer logbooks—What they don’t and won’t tell you By Donald J. Ramsell April 1999 Each 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."
Contesting a suspension for possession or use of a fake driver’s license By Chris E. Freese October 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."
Does the Illinois Department of Transportation have the authority to set a statewide speed limit? By Alan T. Saeger June 1999 On November 28, 1995, President William J. Clinton signed legislation which repealed the federally-mandated 55 mph speed limit, a relic of the 1973-74 Arab oil embargo later modified to permit 65 mph on certain highways, effective on December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.
Fifth Appellate District casts doubt on validity of the Intoxilyzer 5000 results By Larry A. Davis April 1999 The Fifth Appellate District has held in a published decision that procedures employed in the programming and use of the Intoxilizer 5000 widely used by the Illinois State Police (and local police agencies) violate Illinois law.
Recent cases By James J. Ahern June 1999 While 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.
Review of new traffic law By James J. Ahern October 1999 Amends 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 guide By Chris E. Freese October 1999 The following DUI penalty guide was originally published in the General Practice, Solo & Small Firm newsletter in June 1996.
Right to trial by jury in traffic cases, misdemeanors and local ordinance violations By Lawrence W. Terrell June 1999 A defendant who is charged with a traffic offense, whether misdemeanor or local ordinance violation, is entitled to a trial by jury.
Secretary of state suspensions for possession, display or fraudulent use of license and identification card By Edward M. Maloney 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.
Use of Requests to Admit in summary suspension hearings By J. Brick Van Der Snick 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.
When are PBT test results admissible? By Daniel T. Gillespie April 1999 In People v. Davis, 296 Ill. App. 3d 923 (3d Dist. 1998), the Illinois Appellate Court addressed the issue of whether the results of a preliminary breath screening test (PBT) can be introduced by the state at a hearing on a motion to suppress evidence and quash the arrest for driving under the influence of alcohol.
Wyoming v. Houghton: The pendulum continues its swing to the right By Daniel T. Gillespie October 1999 Twenty years ago, then Justice Rehnquist joined Justice Blackmun's dissent in Arkansas v. Sanders, 442 U.S. 753, 99 S. Ct. 2586, 61 L. Ed. 2d 235 (1979), urging the Court to adopt a clear-cut rule to the effect that a warrant should not be required to seize and search personal property found in an automobile that may in turn be seized and searched without a warrant pursuant to Carroll v. United States, 267 U.S. 132, 69 L. Ed. 543, 45 S. Ct. 280 (1925) and Chambers v. Maroney, 399 U.S. 42, 90 S. Ct. 1975, 26 L. Ed. 2d 419 (1970).