2002 Articles

2002 DUI sentencing guide February 2002

Are all breath tests taken in Illinois between 1986 and 2000 invalid? Two recent developments suggest that they are By Donald J. Ramsell November 2002 Recently, two important court rulings have occurred which, in effect, prohibit the introduction of all breath tests in DUI prosecutions for arrests occurring between January 1, 1986 and December 31, 2000.

The attorney as advocate and counselor By Alan Jones December 2002 As with any other litigators, DUI defense attorneys are sworn to be forceful advocates for our clients.

Boating while under the influence (BUI) July 2002 Chapter 625 of the Illinois Compiled Statutes, section 45/5-16, is entitled, "Operating a watercraft under the influence of alcohol, other drug, or combination thereof."

City of Naperville v. Schiavo: an erosion of the case law governing stops based on anonymous tips? By Michael W. Feetterer July 2002 On January 18, 2002, the Second District Appellate Court handed down its decision in the City of Naperville v. Gary C. Schiavo.

Correction November 2002 In the last edition of the Traffic Laws & Courts newsletter (Vol. 12, No. 1) an article appeared entitled, "Boating while under the influence (BUI)," written by Douglas Olivero.

Discovery in DUI, misdemeanor and traffic cases By J. Brick Van Der Snick February 2002 A problem facing prosecutors and defense attorney's practicing in the field of DUI, which includes statutory summary suspensions, misdemeanor, and traffic cases, is to what extent discovery is allowed under the Illinois statutes and case law.

Drafting ideas for pet care By Paul A. Meints September 2002 To many of your clients, pets are an important part of life.

Field sobriety tests in Illinois: Valid psychophysical tests or voodoo science? By Donald J. Ramsell February 2002 I recently had the opportunity to become certified in standardized field sobriety testing under the National Highway Traffic Safety Administration (NHTSA) Program, run by the International Association of Chiefs of Police.

Is a motorist obligated to exit his vehicle following a stop by police for a traffic violation? By Ari M. Trubitt May 2002 It is not an uncommon scenario that police will effect a traffic stop of a motor vehicle for a minor traffic violation, which results in the discovery of other criminal activity on the part of the driver and/or passenger(s).

Is it time to revisit the doctrine of collateral estoppel in the context of statutory summary suspension hearings? By Larry A. Davis May 2002 On January 1, 1986, what is known as the Illinois Summary Suspension Law became effective.

The mandatory conversion of blood serum in DUI prosecutions By Thomas M. Moran November 2002 Pursuant to section 11-501.4 of the Illinois Vehicle Code, 625 ILCS 5/11-501.4 results of blood tests obtained during hospital treatment are admissible in DUI or Reckless Homicide prosecutions, provided the results were ordered in the regular course of medical treatment.

Necessity of filing a timely notice of appeal following hearing on a petition to rescind By Angela Peters May 2002 When does a notice of appeal have to be filed after hearing on the Petition to Rescind in order to preserve the issues for appeal?

People v. Lindsey: No Fifth Amendment right against self-incrimination in probation revocation hearings By J. Brick Van Der Snick December 2002 Defense attorneys are often confronted with the situation of a client on supervision, conditional discharge or probation for a traffic-related offense who faces a petition for violation of sentencing conditions.

People v. Reggie Smith: The proper foundation for admission of a videotape By Daniel T. Gillespie December 2002 In People v. Reggie Smith, 321 Ill. App. 3d 669, 749 N. E. 2d 986, 255 Ill. Dec. 504 (1st Dist. 2001), the appellate court set forth the proper foundation requirements for the introduction of a videotape.

Plea to charge of reckless driving bars subsequent prosecution for offense of reckless homicide By Angela Peters November 2002 In People v. Sienkiewicz, 331 Ill.App.3d 70, 771 N.E.2d 580, 264 Ill.Dec. 826 (2d D. 2002), the defendant pled guilty to reckless driving after his passenger was killed when the defendant lost control of his motorcycle.

A primer on international driving permits By Angela Peters December 2002 As international traffic began to expand in the post World War II years, government officials and motoring authorities in numerous leading countries realized that the existing treaty-convention in the field (Paris 1926) no longer met the growing needs of international motoring.

Recent cases By James J. Ahern November 2002 Prior to January 1, 2001, the Illinois Department of Public Health (now Department of State Police) had the responsibility to promulgate rules relating to the chemical analysis of a person's blood, breath or urine.

Recent cases By James J. Ahern July 2002 Section 110-7 of the Code of Criminal Procedures, 725 ILCS 5/110-7, provides that, when a defendant posts a bail bond deposit, he must acknowledge that his bail may be used "to pay costs, attorney's fees, fines, or other purposes authorized by the court.

Review of recent new traffic laws of the 92nd General Assembly By James J. Ahern November 2002 Governor Ryan has approved House Bill 5941, which will become effective January 1, 2003.

Scrivener’s error: validity of a sworn report By Lawrence W. Terrell February 2002 The recent appellate court decision of People vs. Wyzgowski1 held that a scrivener's error did not affect the validity of the officer's sworn report.

Supervision and CDL: serious traffic violations—A trap for the Inexperienced Practitioner By Louis A. Bern July 2002 The Uniform Commercial Driver's License Act (UCDLA), 625 ILCS 5/6--500 et. seq. has substantially limited the availability of supervision as a sentencing alternative for most, if not all, moving violations committed while operating a commercial motor vehicle (CMV).

Suspensions and revocations for fraudulent or altered identification cards, permits and licenses By Edward M. Maloney May 2002 Parents send off their children to college with great pride and a certain degree of apprehension.

What is the proper standard for a motion for a directed finding? People v. Connolly By Daniel T. Gillespie February 2002 In People v. Connolly, 322 Ill. App. 3d 905, 751 N.E. 2d 1219 (2d Dist. 2001), the Illinois Appellate Court articulated the proper standard for ruling on what has, among trial practitioners, been commonly known as a motion for a directed finding at the close of the State's case.

When can a disposition of supervision be granted? By Nancy G. Easum February 2002 In general, a disposition of supervision may be granted for petty offenses and misdemeanors.

When does the 90-day filing requirement to challenge a statutory summary suspension begin? By Larry A. Davis July 2002 In an effort to prevent drivers from filing petitions to rescind months, if not years, after a statutory summary suspension had become effective, often after the suspension had already terminated, the Legislature amended 625 ILCS 5/118.1(b) effective January 1, 1996 to provide:

The Zero Tolerance Law By John T. Doody, Jr. May 2002 In 1995 the Zero Tolerance Law (625 ILCS 5/6-11-501.8) became law. Since that time, there have been amendments to the law and the Secretary of State ('SOS') has implemented administrative rules (92 Ill. Admin. Code 1001.600 et seq.) governing these suspensions.