Traffic Laws & Courts

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

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2025 Articles

Case Summary of People v. Hoskins, 2025 IL App (4th) 240991 By Evan Bruno October 2025 This article reviews the recent case of People v. Hoskins, in which the Fourth District Appellate Court held that a drug dog’s alert to a vehicle remains sufficient to establish probable cause to search, even though the dog was trained to detect the odor of cannabis.
Case Summary: People v. Bell, 2025 IL App (4th) 240929 By Jason M. Kunowski October 2025 Know your factors: Fourth District reverses and remands Aggravated DUI Death for new sentencing hearing and new judge to consider youth-based mitigation factors instead of adult factors.
Case Summary: People v. Sandlass, 2025 IL App (2d) 240557-U By J. Brick Van Der Snick October 2025 The Second District Appellate Court held, in People v. Sandlass, that in a statutory summary suspension proceeding where there is no confirmation, the time is not attributable to defendant.
Case Summary: The City of Lake Forest v. Rey Martinez-Galarza, 2025 IL App (2d) 240352 By David Franks July 2025 A case summary of The City of Lake Forest v. Rey Martinez-Galarza, 2025 IL App (2d) 240352, holding the Arresting Officer did not unreasonably prolong the traffic stop of Defendant when the Arresting Officer explained the written warning to Defendant and smelled the odor of alcohol emanating from Defendant’s person.
Case Summary: Village of Lincolnshire v. Daniel Olvera, 2025 IL 130775 By J. Brick Van Der Snick October 2025 In Village of Lincolnshire v. Olvera, the Illinois Supreme Court confirmed that a village does not need to provide a letter of prosecution in their case and chief.  
Do Police Need the Manufacturer’s Manual? By Ted P. Hammel & Frank P. Andreano July 2025 An overview of the Will County Sheriff’s Department alcohol breath test, Alco-Sensor VXL, and the evidentiary difficulties it presents. 
Foundational Requirements for Overweight Trucking Cases By Terrence Wallace July 2025 Lessons learned from People v. LaForce, 2024 IL App (3d) 230328-U for foundational requirements at a trial for overweight tickets. 
1 comment (Most recent July 25, 2025)
Garden-Variety DUI to Felony: The Fifth District’s Limitation of Prior Conduct By Theodore Harvatin July 2025 In People v. Cruz Aguilar, the Fifth Circuit determined that felony enhancement of a DUI charge at such time as driving privileges are impaired from other than an open SSS, or other than from an open revocation for DUI or Reckless Homicide or leaving the scene of a death or injury crash is not warranted. This ruling put the Fifth District at odds with the Second District. 
1 comment (Most recent July 25, 2025)
ISBA 2025 Solo and Small Firm Conference Photos October 2025 The Illinois State Bar Association hosted the 2025 Solo and Small Firm Conference: The Innovative Lawyer: Smart Strategies for Small Firms in the Age of AI on September 25–26 at the Embassy Suites in Naperville, IL.
Mandatory Minimum Sentencing in Driving While Revoked Cases By Nancy G. Easum October 2025 Can a three-day Driving While Revoked offender be sentenced to a term of imprisonment less than the mandatory 14 day minimum by using the Behavior Act credit? The Supreme Court said "No!"
The Myth of Masking By Frank P. Andreano October 2025 The notion that accurate recording keeping obligations prohibit plea bargaining (from murder to speeding) is simply not well taken, nor supported by a plain reading of the applicable regulations. So long as both the Court Clerk and Secretary of State (SDLA) truthfully report conviction data to the federal CDLIS system no “masking” has occurred.
The New Face of Forfeiture: Innocence Now Matters By Frank P. Andreano July 2025 Recent changes to Illinois Forfeiture Law means what previously qualified as “probable cause” to warrant seizure is no longer enough.