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Traffic Laws & Courts
The newsletter of the ISBA’s Section on Traffic Laws & Courts

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Newsletter Articles From 2019

Chasing zero: The NTSB recommendation to lower BAC limits from .08 to .05 By J. Brick Van Der Snick March 2019 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 the DUI per se provisions of the compassionate use of medical cannabis law By Larry Davis March 2019 The Compassionate Use Act as now written provides for an exemption or immunity from prosecution for those who hold a valid cannabis user’s card even if they are in violation of the per se limits established following People v. Martin.
The need for a warrant after DUI suspect hospitalized By James Stern March 2019 In People vs. Pratt, the appellate court held that a non-consensual blood draw of a DUI suspect at the hospital after a fatal accident was an unreasonable warrantless search in violation of the Fourth Amendment.
Recent cases of interest By Thomas M. Moran March 2019 Summaries of recent cases of interest.