The secretary of state adopted amendments to Procedures and Standards for formal and informal administrative reinstatement of driving privileges hearings.
On Sept. 4, 2020, the Second District of the Illinois Appellate Court reversed a trial court’s holding that barred the state from introducing the results of consensual blood and urine tests because the defendant was not under arrest at the time of the tests.
The Secretary of State adopted amendments to the Part titled Procedures and Standards and Cancellation and the Part titled Revocation or Suspension of Licenses or Permits, providing protections for permittees holding restricted driving permits with breath alcohol ignition interlock devices (BAIID).
On May 20, 2020, the Third District of the Illinois Appellate Court affirmed the judgment of the Rock Island County Circuit Court in holding that blood drawn for medical treatment could be admitted as evidence supporting a DUI conviction.
The Secretary of State added a section to the part on Procedures and Standards requiring sellers of Breath Alcohol Ignition Interlock Devices (BAIID) to disclose to their customers in advertisements and mailers that they are not agents of the state (92 Ill. Adm. Code 1001 (effective Sept. 5, 2018)).
Suppose you have evidence of a driver's high BAC but no corroborating evidence of impairment. Does the BAC evidence alone authorize an expert to testify that the driver was probably impaired? This article reviews the confusing state of Illinois law.
The Illinois Appellate Court overturned a statutory provision allowing warrantless forced blood draws of any driver who causes death or injury, mandating a case-by-case analysis instead.
The Secretary of State amended the Part titled Cancellation, Revocation, or Suspension of Licenses or Permits (92 Ill. Adm. Code 1040 (eff. Oct. 30, 2017)) to add new offenses and clarify penalties. The new amendments implement Public Acts 99-697 and 99-68.
Q. Where the statute says a DUI with a child under 16-years-old in the vehicle is "subject to" six months of imprisonment, is that mandatory or discretionary?
The Secretary of State adopted amendments to the procedures and standards providers of Breath Alcohol Ignition Interlock Devices ("BAIID") must follow to receive state funding for their services.
Under proposed amendments to the Code of Criminal Procedure, a defendant who is accused of driving under the influence or aggravated driving under the influence, and refused chemical testing requested by a law enforcement officer, could have their previous DUI or aggravated driving under the influence conviction admitted into evidence.
The Second District Appellate Court suppressed defendant's Portable Breath Test ("PBT") results because the officer did not present the defendant with a choice to take or refuse the PBT.
Though Birchfield will have little impact on most DUI cases in Illinois, its real importance for defense lawyers is that it requires both warrantless BAC breath tests and blood-draws to be performed incident to arrest.
The ISBA Traffic Law Section had one of its best years ever this legislative session, helping advance laws that remove harsh and counterproductive DUI restrictions while keeping (and sometimes boosting) appropriate punishments.
The new rulemaking amends blood alcohol testing procedures and requirements for the Department of State Police. 20 Ill. Adm. Code (eff. July 29, 2015).
You file for discovery of the police video of your client's DUI arrest only to find that it was erased after you requested it. Will the court grant your motion to bar testimony about what was on it?
On May 26, 2015, a bill amending the Illinois Vehicle Code ("IVC") passed both houses of the Illinois General Assembly. The bill focuses on the Breath Alcohol Ignition Interlock Device ("BAIID") provisions of the IVC.
On June 5, 2015, the Second District of the Appellate Court held that a police officer's failure to comply with section 30(c) of the State Police Act does not trigger the evidentiary exclusion of the officer's testimony at trial.
HB 218 would lower the penalty for possessing small amounts of marijuana to a fine and change DUI law so that drivers could no longer be charged for registering only trace amounts of cannabis.
Illinois law requires that defendants convicted of aggravated DUI resulting in death be sentenced to prison unless the court finds "extraordinary circumstances." But what does that phrase mean?
The proposed permit would allow four-time offenders to drive under limited circumstances after their vehicles are equipped with breathalyzer ignition devices.
A man's conviction for driving on a suspended license stands even though the underlying suspension is rescinded, the Illinois Supreme Court rules, after thoroughly analyzing the meaning of "rescind."
