Breathalyzer logbooks—What they don’t and won’t tell youBy Donald J. RamsellApril 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."
Contesting a suspension for possession or use of a fake driver’s licenseBy Chris E. FreeseOctober 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."
Recent casesBy James J. AhernJune 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.
Review of new traffic lawBy James J. AhernOctober 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. FreeseOctober 1999The following DUI penalty guide was originally published in the General Practice, Solo & Small Firm newsletter in June 1996.
When are PBT test results admissible?By Daniel T. GillespieApril 1999In 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 rightBy Daniel T. GillespieOctober 1999Twenty 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).