2014 Articles

10 tips for negotiating DUI cases: One prosecutor’s perspective By Jeremy J. Richey March 2014 This article contains ten quick tips, from this author-prosecutor’s perspective, that will help improve your next results at the negotiation table.
Chasing zero: The NTSB recommendation to lower BAC limits from .08 to .05 By J. Brick Van Der Snick March 2014 Lowering the limit would place a heavier burden on the prosecutor’s office with a drastic increase in the passage of field sobriety tests by those suspected of impaired driving.
Constitutionality of Secretary of State BAIID violation hearings By Larry A. Davis May 2014 Since the burden of proof is on the driver to establish that no violation occurred, the Secretary of State will typically uphold the suspension based solely on the evidence provided by the printout.
1 comment (Most recent May 7, 2014)
Guilty of driving while license suspended even if the suspension is rescinded after the fact By Lisa L. Dunn May 2014 In People v. Elliott, the Supreme Court considered whether conduct that occurred after the commencement of, but before the rescission of the defendant’s statutory summary suspension, renders the charge invalid.
1 comment (Most recent January 16, 2015)
How far can police go in a traffic stop? By Liam Dixon January 2014 In People v. Cummings, the Illinois Supreme Court will have the opportunity to review how far an officer can go when the information forming the basis for a stop is erroneous.
How to determine if a traffic ticket is a “mover” and if so, the potential driver’s license sanctions By Ted Harvatin May 2014 A roadmap for analyzing potential traps for the unwary practitioner.
Is the Illinois summary revocation law enforceable? By Larry A. Davis January 2014 As things currently stand, law enforcement officers should be properly trained that where probable cause to arrest for DUI exists prior to requesting testing, warnings must be given pursuant to Section 11-501.1 and where such reasonable grounds do not exist, warnings must provided under Section 11-501.6.
Witness’ prior consistent statement, absent allegation of recent fabrication or motivation to lie, was reversible error By J. Brick Van Der Snick May 2014 In the recent case of People v. Randolph, the appellate court was faced with the failure of the trial court to properly limit and supervise prior consistent statements by a corroborating and arresting police officer on defendant.
1 comment (Most recent May 9, 2014)
You think your client is going to lie on the stand—The classic dilemma of a criminal defense lawyer By Juliet Boyd March 2014 What is a lawyer to do when her duty of confidentiality under R.P.C. 1.6 conflicts with her duty of candor towards a tribunal pursuant to R.P.C. 3.3?