Traffic Laws & Courts

The newsletter of the ISBA’s Section on Traffic Laws & Courts

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2001 Articles

2001 DUI Penalty Guide By Chris E. Freese January 2001 This is a Class A Misdemeanor. The penalty imposed by the Court may be any of the following:
An argument as to why emergency room medical records are inadmissible in a DUI prosecution By Rachel J. Hess December 2001 Scenario: Defendant was charged with various violations of the Illinois vehicle code including Driving Under the Influence of Alcohol in violation of 625 ILCS 5/11-501(a)(1) and (2).
Can a person arrested for driving under the influence of alcohol refuse to submit to chemical testing unless afforded an opportunity to consult with an attorney? By Ari M. Trubitt June 2001 This article will discuss the case law and issues regarding a motorist's request to speak to an attorney upon being requested to submit to chemical testing following an arrest for driving under the influence of alcohol.
Do breath operators have valid licenses? By Larry A. Davis June 2001 Effective January 1, 2001 the Illinois State Police assumed responsibility for the regulation of chemical tests performed pursuant to the Illinois summary suspension laws 625 ILCS 5/11-501.1 11-501.6 and 11-501.8 as well as those arising out of an arrest for violation of 11-501 from the Illinois Department of Public Health (IDPD). See 625 ILCS 5/11-501.2; 11-501.6 and 11-501.8.
Electronic transmission of driver’s license abstracts to establish proof prior conviction(s) for DUI or driving while revoked By Renee L. Robinson January 2001 This article will discuss briefly the proof required to establish that a defendant was previously convicted of the offense Driving Under the Influence of Alcohol/Drugs and Driving While Revoked.
Late night DUI call By Douglas B. Olivero June 2001 What advice, if any, do you give when you are awakened by a late night DUI call? Before we begin addressing this question, it may be important to review your own state of mind which could have a bearing on the advice, if any, that you provide.
New rules for testing of breath, blood, and urine for alcohol, other drugs, and intoxicating compounds By Lieutenant Michael McIntosh & Nancy G. Easum June 2001 On January 1, 2001, as a result of the enactment of P.A. 91-0828, the Illinois State Police (ISP) became responsible for the testing of breath, blood, and urine for alcohol, other drugs, and intoxicating compounds.
People v. Jung: constitutionality of 11-501.4-1 upheld By Daniel T. Gillespie January 2001 Does the provision of the Illinois Motor Vehicle Code which allows the results of physician-ordered blood or urine tests conducted in the course of emergency treatment for injuries resulting from a motor vehicle accident to be reported to state or local law enforcement officials violate a patient's right to privacy in his medical records under the Illinois Constitution?
A preliminary breath screening test (PBT) is admissible in a hearing in a motion to quash arrest and suppress evidence and in a petition to rescind statutory summary suspension By Sean D. Brady December 2001 The general rule in a driving under the influence of alcohol (DUI) case is that the State cannot admit into evidence the results of a preliminary breath-screening test (PBT) in its case in chief.
“Primary stop” ordinances: home rule power By Lawrence W. Terrell January 2001 According to the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA), seat belts reduce the risk of fatal injury by 45 percent and reduce the risk of serious injury by 50 percent. Nevertheless, nearly one-third of all Americans still do not buckle up.
Recent cases By James J. Ahern December 2001 Although Motions in Limine are most frequently used to bar or limit evidence, they may also be used by a proponent of evidence such as the State, to obtain a pretrial ruling that the evidence at issue will be admitted at trial.
Recent traffic cases By James J. Ahern June 2001 The Second District Appellate Court was recently presented with the issue of whether home rule local governmental units have authority to enact and enforce an ordinance that allows police officers to stop a motor vehicle solely because an occupant was perceived to be not wearing a seat belt even though section 12-0603.1 (e) prohibits a law enforcement officer from stopping a motor vehicle solely for not wearing a seat belt.
Recent traffic cases By James J. Ahern January 2001 Hospital blood-alcohol test results are both discoverable and admissible under section 11-501.4 of the Illinois Vehicle Code, 625 ILCS 5/11-501.4, People v. Wilber, 279 Ill.App.3d 462, 664 N.E.2d 711, 216 Ill.Dec. 74 (4th Dist. 1996).
Reporting of court supervision to the Secretary of State By Patrick E. McGann January 2001 Vehicle crashes are one of the leading cause of death in the United States. These unnecessary deaths, one every 13 minutes, injuries and property damage cost our economy $150 billion dollars each year.
Review of new traffic laws of the 92nd General Assembly By James J. Ahern December 2001 As these are summaries only, the Public Act should be reviewed before reliance. A copy of the bills and status can be obtained on the Internet at www.ilga.govlegisnet/legisnet92/92gatoc.html.
Secretary of State now reports DUI supervision to other states By James J. Ahern December 2001 Illinois lawyers representing clients charged with DUI should be aware of a new practice of the Illinois Secretary of State which may have far reaching consequences to those clients.