Traffic/DUI

What’s New in Traffic Law for 2014

By Larry A. Davis & Thomas C. Speedie
November
2014
Article
, Page 532
Are you a lawyer who represents drivers, or maybe one who gets behind the wheel from time to time? Here are nine important traffic law developments.
1 comment (Most recent November 3, 2014)

People v. Galloway

People v. Galloway
Illinois Appellate Court
Criminal Court
Speedy Trial
Citation
Case Number: 
2014 IL App (1st) 123004
Decision Date: 
Tuesday, September 30, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
McBRIDE
Defendant was convicted, after bench trial, of misdemeanor offenses of driving with suspended license and failure to give information, and petty offense of driving left of center. Defendant failed to appear when case was called for trial at 9 a.m., and did not arrive at court until sometime that afternoon. Defendant's failure to arrive until several hours after time set for trial, when State's witnesses were present and ready for trial, constituted a waiver of her speedy trial demand. Defendant's failure to appear at earlier status date waived her speedy trial demand.(GORDON and REYES, concurring.)

The Village of Bull Valley v. Zeinz

The Village of Bull Valley v. Zeinz
Illinois Appellate Court
Criminal Court
Traffic
Citation
Case Number: 
2014 IL App (2d) 140053
Decision Date: 
Monday, September 29, 2014
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Reversed.
Justice: 
SPENCE
Defendant was convicted, after bench trial, of DUI and improper lane usage (ILU), prosecuted by Village. Village failed to establish that Defendant committed either offense within the Village's corporate limits. Officer's testimony that Defendant was driving out of Village limits was speculative and officer admitted that when he saw Defendant he was outside of Village limits. State's Attorney's office did not authorize Village to prosecute ILU offenses. (McLAREN and JORGENSEN, concurring.)

People v. Gonzalez-Carrera

People v. Gonzalez-Carrera
Illinois Appellate Court
Criminal Court
Motions to Suppress
Citation
Case Number: 
2014 IL App (2d) 130968
Decision Date: 
Tuesday, September 2, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK
Defendant was stopped based on officer seeing pickup truck for driving with one red taillight, as officer observed one taillight to have a hole the size of a couple inches in the red plastic covering, so that taillight emitted both red and white light when brakes were activated. State failed to establish valid basis for traffic stop, as it was daylight, dry, clear visibility, and none of the conditions requiring use of two red taillights existed at time of stop. Court thus properly granted Defendant's motion to suppress evidence found in his vehicle during traffic stop. (ZENOFF and HUDSON, concurring.)

People v. Kathan

People v. Kathan
Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
2014 IL App (2d) 121335
Decision Date: 
Wednesday, August 13, 2014
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
SPENCE
Defendant was convicted, after bench trial, of "drug-driving", after she admitted to ingesting Xanax and Vicodin within two hours of being stopped. Circumstantial evidence is relevant to prove presence of controlled substance. State presented sufficient evidence to show presence of controlled substance, as her level of impairment in confused behavior, failing field sobriety tests, weaving, and HGN test all were basis to conclude, beyond a reasonable doubt, that drugs remained in her system. Defendant had burden to show that her use of medications was exempted as authorized by prescription. (SCHOSTOK and HUDSON, concurring.)

Public Act 98-870

Topic: 
Traffic offenses and appearances
(Noland, D-Elgin; D'Amico, D-Chicago) changes the procedures for all traffic violations that are petty offenses to include repeal of the requirement that bond be posted. If a person fails to appear for a court date, the court may continue the case for a minimum of 30 days and notify the person at their address of record with the secretary of state. If the person doesn’t appear or satisfy the court that their appearance, through no fault of their own, was impossible, the court shall order the person’s license suspended. The secretary of state may not lift this “failure to appear” suspension nor may any other permit be issued to the person until the SOS is notified by the court that the person has appeared and resolved the violation. Effective January 1, 2015.
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Public Act 98-821

Topic: 
Transfer on death instrument
(Barickman, R-Bloomington; Sims, D-Chicago) makes several changes to the Illinois Transfer on Death Instrument Act. (1) Makes the recording of a notice of death affidavit a permissive action that can be taken by the beneficiary to confirm title to the residential real estate but is not a mandatory requirement to perfect title. (2) Allows a bona fide purchaser for value and without notice before the recordation of a lis pendens for an action to set aside or contest the transfer on death instrument ("TODI") to take free and clear of any such action or contest. (3) Clarifies that acceptance of the TODI by the beneficiary during the owner's lifetime is not a requirement. (4) Eliminates the right of an agent acting under a durable power of attorney from creating or revoking a TODI. But it doesn't affect the agent's right or power to sell, transfer, or encumber the residential real estate if so authorized under the POA. (5) Clarifies that only substantial compliance with the execution formalities is required. Effective January 1, 2015.
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People v. Morris

People v. Morris
Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
2014 IL App (1st) 130152
Decision Date: 
Wednesday, July 23, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
HYMAN
Police officer found Defendant passed out in front seat of parked car, ignition off, driver's side door open, and keys in his right hand. Defendant was charged with actual physical control of car while under influence of alcohol and felony driving with suspended or revoked license. State proved beyond a reasonable doubt that Defendant was under influence of alcohol and had actual physical control of car under factors courts consider. Neither his intent nor fact that ignition was off and car parked defines or explains actual physical control. Officer testified that he was trained to conduct field sobriety tests and that HGN test was one of three standard such tests; and other evidence as to officers' observations of Defendant supported finding of intoxication.(NEVILLE and MASON, concurring.)

People v. Strobel

People v. Strobel
Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
2014 IL App (1st) 130300
Decision Date: 
Monday, June 30, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed and remanded.
Justice: 
PIERCE
Court's discovery sanction barred State from presenting any testimony or video at trial as to DUI field sobriety tests due to lack of contemporaneous audio recording. Sanction was too harsh, as no evidence in record to support inference or suggestion that police or prosecution intentionally or inadvertently destroyed any preexisting discoverable evidence. (HARRIS and LIU, concurring.)

Public Act 98-650

Topic: 
Ticket quotas prohibited
(Manar, D-Bunker Hill; Hoffman, D-Collinsville) prohibits the use of ticket quotas by law enforcement officers employed by the State, county, or unit of local government. It prohibits the unit of government from requiring a law enforcement officer to issue a specific number of citations within a designated period of time. It also prohibits the unit of government from comparing the number of citations issued by the law enforcement officer to the number of citations issued by any other law enforcement officer who has similar job duties to evaluate a law enforcement officer’s job performance. Exempts a municipality with its own independent inspector general and law enforcement review authority. It also preempts home rule. Effective Jan. 1, 2015.
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