Traffic Laws and Courts Newsletter Archive
Browse and search Traffic Laws and Courts articles
Browse and search Traffic Laws and Courts articles
(Wheeler, R-Crystal Lake) makes the sentence for attempt to commit a Class A misdemeanor the sentence for a Class B misdemeanor, the sentence for attempt to commit a Class B misdemeanor the sentence for a Class C misdemeanor, and the sentence for attempt to commit a Class C misdemeanor the sentence for a Class C misdemeanor. Scheduled for hearing November 27th in House Criminal Law.
Defendant, who was arrested for DUI/drugs, refused to submit to chemical testing, and his license was summarily suspended. Court granted his petition to rescind suspension which challenged reasonableness of officer's belief that he was under the influence of drugs.Totality of circumstances supports officer's conclusion that Defendant had been driving under influence of drugs. He was semiconscious, showed signs of recent intravenous injection, possessed a used syringe, and the only injectable substance present was an opiate. Expert testimony is not required in every case for an officer to testify to his or her opinion that a motorist was under influence of drugs based on inference from totality of circumstances. (KARMEIER, THOMAS, KILBRIDE, BURKE, THEIS, and NEVILLE, concurring.)
(Andersson, R-Geneva; Mulroe, D-Chicago) creates the Criminal and Traffic Assessment Act. The Act would standardize court-filing fees and fines into 13 schedules of potential assessments for criminal and traffic offenses and four schedules for civil court cases. The Act also caps the maximum amount of money that can be assessed under each schedule and for various services or filings within the court process. The money collected under these assessment schedules would then be distributed at the state, county, and local levels for officials to decide how to best allocate their portion for maintaining the courts. It would also provide a sliding-scale waiver for some civil litigants and criminal defendants depending on their income relative to the federal poverty level. It has an immediate effective date for part of it and a delayed effective date for most of it.
(Stewart, R-Freeport; Curran, R-Woodridge) requires a person operating a motor vehicle in Illinois but registered in another state to be covered by a liability insurance policy. The operator of the vehicle must carry in the vehicle evidence of the insurance. Effective January 1, 2019.
(Gordon-Booth, D-Peoria; Harmon, D-Oak Park) prohibits a court from denying a sealing or expungement petition because the petitioner has not satisfied an outstanding legal financial obligation established by a court; law enforcement agency; or state, county, or other unit of local government. It exempts an obligation that is court-ordered restitution unless the restitution has been converted to a civil judgment. Effective August 10, 2018.
(Harris, D-Harvey; Davis, D-East Hazel Crest) extends from one year to two years in which a restricted driving permit is effective. The fee for the permit will continue to be imposed annually. Effective Jan. 1, 2019.