2008 Articles

Frye on HGN—Part I By Edward M. Maloney September 2008 Everyone in the DUI field knows that the Supreme Court, in People v. McKown, ordered a Frye hearing on whether the HGN test had been generally accepted as a reliable indicator of alcohol impairment.
Illinois Supreme Court extends “Hot Pursuit” Doctrine to include misdemeanors By Ashley Kwasneski September 2008 In People v. Wear, 2008 WL 2840571 (Ill.Sup.Ct. 2008), the Illinois Supreme Court upheld the defendant’s driving under the influence conviction finding that probable cause existed to place him under arrest while the defendant was still in a public place and that the defendant’s subsequent arrest inside his home was justified by the “hot pursuit” doctrine.
Legal issues to be aware of in representing drivers under age 21 By Steve Baker September 2008 Two traffic “convictions” within any two year period results in a 3-month license suspension (as opposed to 3 convictions in one year for an adult). 625 ILCS 5/6-206 (a) 36.
Motions to vacate guilty plea after license suspension by Secretary of State By Rachel J. Hess December 2008 This article addresses the practical use of the ‘2-1401’ motion to vacate a guilty plea.
New legislation By Steve Baker 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.
New MDDP rules By Edward M. Maloney September 2008 Starting January 1, 2009, Judicial Driving Permits will go the way of the dinosaur having been destroyed by the MADD comet.
People v. James C. Ewing, No. 4-07-0184: An informant tip received by telephone may form the basis of a Terry stop if the tip is reliable and the tip allows the police officer to reasonably infer that a person was involved in criminal activity By David B. Franks September 2008 In January 2007, Defendant, James C. Ewing, was arrested for driving under the influence of alcohol pursuant to 625 ILCS 5/11-501(a) (2).
Physical actions control verbal responses in determining a refusal in statutory summary suspension hearings By J. Brick Van Der Snick September 2008 People v. Severson, 379 Ill. App. 3d 699 (2nd Dist 2008). On March 7, 2008 the Illinois Appellate Court Second District, affirmed the judgment of the Circuit Court of DeKalb County, Illinois granting defendant’s petition to rescind statutory summary suspension.
Recent traffic cases By James J. Ahern & Thomas M. Moran June 2008 According to the First District Appellate Court, a defendant’s right to a speedy trial is not violated when, after charging the defendant with domestic battery and aggravated battery upon a police officer, prosecutors withdrew, or nolle-prossed the charges after the defendant demanded trial and later re-filed a charge of aggravated battery after the defendant was released from the Illinois Department of Corrections for a parole violation. People v. Castillo, 372 Ill.App.3d 77, 865 N.E.2d 208, 309 Ill.Dec.845 (1st Dist 2007).
Recent traffic cases By James J. Ahern & Thomas M. Moran 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).
SOL vs. Nolle? What is the difference? The Ferguson Formula By Sean D. Brady December 2008 What is the difference between a criminal case that is stricken with leave to reinstate (SOL’d) and a criminal case that is nolle prosequied?
Supreme Court Rule 137 sanctions—Affirmed (DUI case) By J. Brick Van Der Snick February 2008 On November 26, 2007, the Illinois Appellate Court, Second District affirmed the judgment of the Circuit Court of McHenry County in an award of sanctions against the State (McHenry County) after the State filed two (2) notices of motion that violated local court rules and one (1) that was not properly placed on the court call. People v. Stefanski, ___ N.E.2d ___, 2007 WL 4181577, Ill.App.2 Dist., November 26, 2007 (No. 2-06-1176).