Section Newsletters

Articles on Traffic Laws

Are blood draws under Illinois Implied Injury Consent Injury statutes unconstitutional? By Donald J. Ramsell Traffic Laws and Courts, May 2015 In a recent decision in Illinois, an appellate court was asked to decide whether 11-501.6, the personal injury testing statute, was facially unconstitutional under the 4th amendment in light of Missouri v. McNeely.
Cook County judge finds law precluding court supervision for “excessive speeding” unconstitutional By Tom Speedie Traffic Laws and Courts, May 2015 In his motion, the judge argued that the aggravated speeding statute is unconstitutional as violating Due Process and Equal Protection, and that preclusion of court supervision on the charge pursuant to 730 ILCS 5/5-6-1(p) violates the proportionate penalties clause of the Illinois Constitution.
2 comments (Most recent July 16, 2015)
Ex parte judgments in petty traffic cases By Jeremy Richey Traffic Laws and Courts, March 2015 A discussion of what these judgments are and how the practitioner may set them aside.
Strobel: When there’s no audio on the video By David B. Franks Traffic Laws and Courts, February 2015 Trial Court abused its discretion in barring testimony regarding field sobriety tests and barring the introduction of the video depicting defendant's performance on the field sobriety tests since no audio recording of the Police encounter with Defendant ever existed.
Constitutionality of Secretary of State BAIID violation hearings By Larry A. Davis Traffic Laws and Courts, May 2014 Since the burden of proof is on the driver to establish that no violation occurred, the Secretary of State will typically uphold the suspension based solely on the evidence provided by the printout.
1 comment (Most recent May 7, 2014)
Guilty of driving while license suspended even if the suspension is rescinded after the fact By Lisa L. Dunn Traffic Laws and Courts, May 2014 In People v. Elliott, the Supreme Court considered whether conduct that occurred after the commencement of, but before the rescission of the defendant’s statutory summary suspension, renders the charge invalid.
1 comment (Most recent January 16, 2015)
How to determine if a traffic ticket is a “mover” and if so, the potential driver’s license sanctions By Ted Harvatin Traffic Laws and Courts, May 2014 A roadmap for analyzing potential traps for the unwary practitioner.
Witness’ prior consistent statement, absent allegation of recent fabrication or motivation to lie, was reversible error By J. Brick Van Der Snick Traffic Laws and Courts, May 2014 In the recent case of People v. Randolph, the appellate court was faced with the failure of the trial court to properly limit and supervise prior consistent statements by a corroborating and arresting police officer on defendant.
1 comment (Most recent May 9, 2014)
Is the Illinois summary revocation law enforceable? By Larry A. Davis Traffic Laws and Courts, January 2014 As things currently stand, law enforcement officers should be properly trained that where probable cause to arrest for DUI exists prior to requesting testing, warnings must be given pursuant to Section 11-501.1 and where such reasonable grounds do not exist, warnings must provided under Section 11-501.6.
Civil liberty under fire: Can local law enforcement officials force blood tests from a drunk-driving suspect without a warrant? By Maggie Noe Human and Civil Rights, December 2013 In January 2013, the United States Supreme Court heard the case of McNeely v. Missouri, and ruled the non-consensual warrantless blood test violated the suspect’s right to be free from unreasonable search of his person.
Alex, I’ll take ‘How state’s attorneys can avoid jeopardy after a jury is sworn in’ under People v. Martinez for 500 By J. Brick Van Der Snick Traffic Laws and Courts, June 2013 An exploration of the Illinois Supreme Court’s ruling in People v. Martinez to see why Illinois has decided to deviate from the long-established rule that jeopardy attaches to a defendant upon the swearing in of a jury.
City of Highland Park v. Kane, 2013 IL App (2d) 120788; 2013 Ill. App. LEXIS 228 By David B. Franks Traffic Laws and Courts, June 2013 In analyzing whether a stop is proper, a Court is not limited to bases cited by the Officer for effectuating the stop.
Defending a person charged with driving while revoked who has obtained a license issued in error or through fraud after revocation By Larry A. Davis Traffic Laws and Courts, June 2013 A summary of the recent case of People v. Jackson.
Warrantless blood draws discussed by U.S. Supreme Court By Ava George Stewart Traffic Laws and Courts, June 2013 The case of Missouri v. McNeeley now puts the government on notice that where there is a blood draw, without a warrant, the government should be prepared to lay out the reasoning to support the exigent circumstances exception to the Fourth Amendment.
Objects under the rearview mirror may be more of a material obstruction than they appear By Rob Shumaker Traffic Laws and Courts, March 2013 Objects dangling from the rearview mirror may justify a traffic stop but only if they constitute a material obstruction. The author addresses the case law on this issue and offers practice tips to determine whether an object materially obstructs a driver’s view of the road.
Six tips for assisting the commercial driver with a traffic ticket By Jeremy J. Richey Traffic Laws and Courts, March 2013 Some helpful advice for the practitioner to consider when accepting the commercial driver as a client.
HOUSE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, December 2012 Recent legislation of interest to criminal law practitioners.
A primer on motions to vacate in traffic cases By Lisa L. Dunn Traffic Laws and Courts, September 2012 A properly pled §5/2-1401 petition to vacate can be a highly effective and expeditious means to “correct” your client’s actions from failing to appear in court and the resulting suspension of his driver’s license.
1 comment (Most recent September 21, 2012)
Relief from a mandatory revocation for causing death by violation of the vehicle code By J. Randall Cox Traffic Laws and Courts, September 2012 A relatively new section of the Vehicle Code provides for the mandatory revocation of driving privileges if someone violates a provision of the Vehicle Code, and that violation proximately causes the death of another.
1 comment (Most recent September 21, 2012)
Uncounseled misdemeanor convictions may lead to felonies charges under People ex rel. Glasgow v. Kinney By Ted P. Hammel & Sarah M. Vahey Traffic Laws and Courts, September 2012 In the recent Illinois Supreme Court case of People ex rel. Glasgow v. Kinney, the Court held that prior uncounseled misdemeanor DUI convictions may be considered in determining whether a latter offense will be elevated to a nonprobationable Class 2 felony.
Analyzing People v. Smith: Is the key to improper lane usage what is in the officer’s mind? By Rachel J. Hess Traffic Laws and Courts, May 2012 Even though the case was decided more than 15 years ago, what actually constitutes a violation of improper lane usage is still hotly debated among the districts.
People v. Smulik By David B. Franks Traffic Laws and Courts, May 2012 The Appellate Court concluded that the anonymous tip in the matter at bar lacked predictive value. The Appellate Court concluded that the informant did not predict anything; the informant merely reported contemporaneous observations as to the description and location of a vehicle she was following.  
People v. Barwan, et al By David B. Franks Traffic Laws and Courts, March 2012 Three unrelated cases, involving the same issue, were consolidated for decision. Each of three defendants were charged by indictment with driving under the influence of alcohol.
People v. Price By David B. Franks Traffic Laws and Courts, March 2012 The arresting officer’s testimony regarding the size of the air freshener, how it swayed back and forth, and that it would have obstructed defendant’s view based on defendant’s sitting position, provided the arresting officer reasonable suspicion, based on a material obstruction, to justify the arresting officer stopping defendant’s vehicle.  
Review of People v. Hall By Donald J. Ramsell Traffic Laws and Courts, March 2012 In this case, because the defendant was a judge, the Illinois Attorney Generals’ office was brought in to handle the matter. Two weeks later, after the assistant attorney general learned that the blood samples were still at the hospital, they were ordered to be released to authorities for testing at the Illinois State Police laboratory. The samples did not contain a preservative.  
Sixty-two days means exactly that! By J. Brick Van Der Snick Traffic Laws and Courts, March 2012 A discussion of the ramifications of the People v. Clairmont & Fernandez decision.
Summary suspension notice through the mail By Edward M. Maloney Traffic Laws and Courts, March 2012 Counsel should advise clients that if they receive a postcard indicating that they have a letter for certified mail, they should contact their attorney first before accepting and signing for the letter.
You think your client is going to lie on the stand—The classic dilemma of a criminal defense lawyer By Juliet Boyd Traffic Laws and Courts, March 2012 If faced by this dilemma, a lawyer should review the cases, the approaches and the rules of professional conduct. The lawyer must carefully analyze the facts of their situation. It may also be helpful to call the confidential hot line at the ARDC for advice or to pose a hypothetical to an experienced colleague. Unfortunately there is no simple resolution to this question.
HOUSE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, February 2012 Recent cases of interest to criminal law practitioners.
Primer on Standardized Field Sobriety Tests & Preliminary Breath Tests for DUI arrests By J. Brick Van Der Snick Traffic Laws and Courts, December 2011 A basic outline of the SFSTs and PBT in the State of Illinois. 
1 comment (Most recent December 14, 2011)

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