Traffic Laws & Courts

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

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2009 Articles

Home field advantage in the ICU or neutral setting? Police questioning in hospital ICU did not require Miranda warnings: People v. Vasquez, 393 Ill. App. 3d 185, 913 N.E.2d 60 (2nd Dist. 2009) By Sean D. Brady & Daniel Egan December 2009 In People v. Vasquez, 393 Ill. App. 3d 185, 913 N.E.2d 60 (2nd Dist. 2009), the Kendall County State’s Attorney appealed the trial court’s order suppressing videotaped statements made by defendant Vasquez to two police officers assigned to the Kendall County Major Crimes Task Force who interviewed the defendant in the intensive care unit (ICU) of a hospital after the defendant was involved in a single-car accident that resulted in the deaths of five of the passengers.
Motorist failed to present credible evidence of drug-interdiction checkpoint in statutory summary suspension hearing By J. Brick Van Der Snick June 2009 A summary of the case of People v. Scott W. Hacker.
People of the State of Illinois ex. rel. LISA MADIGAN, Petitioner v. HONORABLE JAMES B. KINZER et.al, Respondents, No.105805: Stripping the Court of its discretion in sentencing for DUIs By Ava George Stewart March 2009 Your client’s ability to enter into a plea agreement for reckless driving, whether it is a ”reducer” from DUI or not, means that your client cannot receive court supervision for a subsequent DUI.
People v. Popeck: State’s right to all of defendant’s medical records on day of arrest By J. Randall Cox March 2009 A summary of the case of People v. Popeck.
Petition to Rescind Statutory Summary Suspension denied where defendant failed to produce evidence demonstrating that roadblock was an illegal drug interdiction checkpoint or that police lacked probable cause for stop By David B. Franks June 2009 A review of People v. Hacker.
Probable cause and driving while revoked—An evolving standard and split between appellate districts By Larry A. Davis December 2009 For many too young to remember, there was a time in the jurisprudence of this state when in order to effectuate a stop for the offense of driving while revoked or suspended absent an independent basis for the stop, e.g., observation of a violation of the vehicle code, the law enforcement officer was required to possess independent knowledge that the individual operating the motor vehicle was, in fact, revoked or suspended.
Recent traffic cases By Thomas M. Moran & James J. Ahern December 2009 Decisions related to recent traffic cases. 
Recent traffic cases By Thomas M. Moran & James J. Ahern September 2009 Recent cases of interest to traffic laws practitioners.
Recent traffic cases By Thomas M. Moran & James J. Ahern June 2009 Recent cases of interest to traffic laws practitioners.
Statutory summary suspension: Violation of due process By Steven J. Block September 2009 A summary of the case of People v. Miklos.
Use and misuse of the MDDP By Lisa L. Dunn September 2009 This article will discuss: (1) the parameters of the MDDP program; (2) the MDDP offender’s responsibilities in conjunction with the use of the MDDP; (3) violations of the MDDP program; (4) sanctions authorized for violations of the MDDP program; and (5) the right to a hearing to contest the cancellation of the MDDP or extension of the summary suspension.