Traffic/DUI

People v. Floyd

People v. Floyd
Illinois Appellate Court
Criminal Court
Aggravated DUI
Citation
Case Number: 
2014 IL App (2d) 120507
Decision Date: 
Friday, March 28, 2014
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed and remanded.
Justice: 
HUTCHINSON
Defendant was convicted, after jury trial, of aggravated DUI. State introduced expert witness testimony on a retrograde extrapolation calculation in attempt to demonstreate the Defendant's BAC was at or above 0.08 at time of arrest. As expert acknowledged that he was unaware of many of factors necessary to determine whether Defendant was in elimination phase, and as police conducted only one BAC test, extrapolation calucation was inherently unreliable.(McLAREN and HUSDON, concurring.)

People v. Weidner

People v. Weidner
Illinois Appellate Court
Criminal Court
Aggravated DUI
Citation
Case Number: 
2014 IL App (5th) 130022
Decision Date: 
Thursday, March 6, 2014
District: 
5th Dist.
Division/County: 
Clay Co.
Holding: 
Affirmed.
Justice: 
CATES
Defendant was convicted, after stipulated bench trial, of aggravated DUI. Defendant's blood was drawn in hospital by certified paramedic in presence of arresting state trooper. Paramedic testified that he used DUI kit provided by ISP, and that he followed instructions for blood draw and labeling. Adequate foundation was laid to show that blood samples were collected using proper medical technique, and thus court did not err in finding that evidence of Defendant's blood-alcohol concentration was admissible. at trial. (WELCH and STEWART, concurring.)

House Bill 5453

Topic: 
Increased court fees
(Brauer, R-Springfield) lifts the cap on the $25 court-services fee that a county may charge civil litigants and convicted defendants for courthouse security if there is an acceptable cost study prepared that justifies it. Scheduled for House Judiciary Committee Wednesday morning.
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The Medical Cannabis Act and Illinois DUI Law

By Larry A. Davis
March
2014
Article
, Page 128
The Medical Cannabis Act makes important changes to DUI law, some of which are likely to inspire litigation.

Senate Bill 3411

Topic: 
Ticket quotas prohibited
(Manar, D-Bunker Hill) prohibits a county or municipality from requiring a law enforcement officer to issue a specific number of citations or warnings within a designated period of time. It also prohibits a county or municipality from using the number of issued citations by an officer as a means to evaluate that officer. Makes it an unfair labor practice to require a peace officer to perform a duty that conflicts with the provisions of this amendatory Act.
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Senate Bill 2785

Topic: 
Judgments and driver's licenses
(Hastings, D-Matteson) amends the Illinois Vehicle Code. If a judgment debtor has a judgment rendered against the driver that would require the suspension of his or her driver’s license for nonpayment, it requires the court to forward a copy of this judgment to the judgment creditor and to the Secretary of State. Scheduled for hearing Tuesday in the Senate Judiciary Committee.
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House Bill 4206

Topic: 
Revoked drivers
(Nekritz, D-Buffalo Grove) amends the Vehicle Code affecting revoked drivers. Current Illinois law prohibits a person from ever legally driving again after four DUI convictions. House Bill 4206 retains this prohibition, but it does permit persons who have turned their lives around to ask the Secretary of State for a RDP (restricted driving permit) after a five-year period. If granted, the driver would be required to permanently use a BAIID device and purchase liability insurance. But the person will never be eligible for full reinstatement of driving privileges in Illinois. Assigned to House Transportation Committee.
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House Billl 4428

Topic: 
Attorney statute of repose
(Sandack, R-Lombard) amends the Code of Civil Procedure statute of repose for attorneys by tolling the six-year statute of repose if the client is still represented by the attorney or the attorney knowingly conceals the act or omission. The period of limitations will not begin to run until the person is no longer represented by the attorney or until the client should have known of the injury. Introduced and referred to House Rules Committee.
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People v. Elliott

People v. Elliott
Illinois Supreme Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
2014 IL 115308
Decision Date: 
Friday, January 24, 2014
District: 
5th Dist.
Division/County: 
Jackson Co.
Holding: 
Appellate court reversed; circuit court affirmed.
Justice: 
THOMAS
Defendant was charged with DUI, and statutory summary suspension (SSS) of his license commenced. Two days later, Defendant was charged with driving on a suspended license, but SSS was rescinded six days later. For crime of driving on suspended license, rescission of SSS is of prospective effect only. Subsequent order of rescission of SSS does not render invalid charge of driving on suspended license. (GARMAN, FREEMAN, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)

Farrar v. The City of Rolling Meadows

Farrar v. The City of Rolling Meadows
Illinois Appellate Court
Civil Court
Traffic Laws
Citation
Case Number: 
2013 IL App (1st) 130734
Decision Date: 
Friday, December 20, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
McBRIDE
Administrative hearing officer in city found Defendant liable for red light violation, based on red light camera video recording. City had statutory authority to enact its own ordinance automated traffic law enforcement system, to impose liability for violation of Vehicle Code or local provision, and for adjudicating violations. City had authority to create code hearing unit to hear traffic violation cases.(GORDON and PALMER, concurring.)