2010 Articles

The appellate court affirms grand jury’s subpoena power to issue subpoenas in DUI cases By J. Brick Van Der Snick August 2010 An examination of the 5th District Appellate Court opinion of People v. Bauer.
Back to the basics: Challenging the accuracy of field sobriety tests By Rachel J. Hess August 2010 Generally, in order for a “test” to be considered valid, it must be supported by a reasonable degree of validity in accordance with Frye v. United States.
1 comment (Most recent August 23, 2010)
Defendant’s failure to appear in court during a speedy trial demand causes waiver of demand By J. Brick Van Der Snick June 2010 The First District Appellate Court reversed the trial court's finding that Defendant’s failure to appear in court temporarily suspended but did not waive the 160-day speedy trial period.
Defending tickets given for passing a school bus By Rachel J. Hess March 2010 In Illinois, the driver of a vehicle shall stop such vehicle before meeting or overtaking, from either direction, any school bus stopped at any location for the purpose of receiving or discharging pupils.
Defending “unlicensed” drivers in the State of Illinois and creation of an Illinois Special Driver’s License Certification Program By Neal Connors August 2010 Establishing a special driver’s license certification program which is legally verifiable, fee-based, and state-administered, ensures that tens of thousands of unlicensed drivers in Illinois obtain driving privileges subject to regulations established to protect the citizens of the State of Illinois.
1 comment (Most recent August 24, 2010)
Failure to comply with Rule 431(b)’s Direction to Inquire of Jurors of the Defendants’ Enumerated Rights may be reversible error By J. Randall Cox March 2010 Rule 431(b) requires a trial court to ask each potential juror individually, or in a group, whether each understands and accepts four principles.
How to avoid multiple court appearances By Ted P. Hammel & Sarah M. Vahey March 2010 The recent Third District Appellate Court Opinion of People v. Ziobro, 2010 WL 184073 (Ill.App. 3 Dist. Jan 13, 2010), reinforces the right of a defendant charged with a DUI, or other traffic offense, who expressly follows the procedures in Supreme Court Rules 504 and 505, to have a trial on the merits on the first appearance date (or now, on the first “clerk” scheduled trial date).
The Illinois Supreme Court rules on the constitutionality of suspension of driving privileges if a person receives court supervision for unlawful consumption of alcohol under 21 years of age By Lisa L. Dunn August 2010 Section 6-206(a)(43) of the Illinois Vehicle Code requires suspension of driving privileges if a person receives court supervision for unlawful consumption of alcohol under 21 years of age.
People of the State of Illinois v. Marina Kladis, No. 1-09-0686. Discovery sanctions in a misdemeanor DUI case can bar testimony of an arresting officer when a videotape has been discovered By Ava George Stewart November 2010 Kladis provides a roadmap for practitioners to avoid the destruction of discovery as well as what to do in the event the discovery is inadvertently destroyed.
People of the State of Illinois v. Samuel McPeak, No. 2080572: There must be evidence of the presence of cannabis in the blood, breath, or urine to be found guilty of a DUI based on 11-501(a)(6) By Ava George Stewart June 2010 This decision seems to put the brakes on the statute’s requirement of “any amount of drugs” in the body being sufficient to convict for a DUI.
People v. Maldonado By David B. Franks November 2010 The appellate court concluded that the DUI statute was ambiguous because it prescribed mutually exclusive sentencing schemes for a defendant who has been convicted of committing a sixth or subsequent DUI.
People v. McDonough, 395 Ill.App.3d 194, 334 Ill.Dec.764 (4th Dist. 2009) By David B. Franks March 2010 In this DUI case, the trial court granted Defendant’s motion to suppress evidence on the ground that the State Trooper had improperly seized Defendant. Because the State Trooper did not engage in any police misconduct, the 4th District Appellate Court reversed the trial court, ruling that the exclusionary rule did not apply to this case.
1 comment (Most recent February 24, 2010)
People v. Nunez, Docket No. 108189, SUPREME COURT OF ILLINOIS 2010 Ill. LEXIS 280 By David B. Franks June 2010 The Supreme Court affirmed the appellate court finding, holding that Defendant was properly convicted of both aggravated DUI and DWLR, and that DWLR is not a lesser-included offense of aggravated DUI.
A primer on breath, blood, and urine testing when performed for law enforcement purposes By Nancy G. Easum November 2010 A discussion of the rules regarding chemical testing in Illinois.
2 comments (Most recent January 28, 2011)
Recent cases and cases of interest By Thomas M. Moran March 2010 Summaries of recent traffic law cases.
SCRAM: A sentencing option in alcohol-related offenses By Hon. Gregory Paul Vazquez June 2010 An explanation of SCRAM technology.
Sufficiency of proof for a conviction of DUI and reliability of Field-Sobriety Tests in proving intoxication By J. Brick Van Der Snick March 2010 In an opinion authored by Justice Steigmann, the court reviewed the evidence introduced at trial to determine whether it proved Defendant guilty of DUI beyond a reasonable doubt and also analyzed the Defendant’s claim that the field-sobriety tests were unreliable.
1 comment (Most recent February 24, 2010)