2015 Articles

Are blood draws under Illinois Implied Injury Consent Injury statutes unconstitutional? By Donald J. Ramsell 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.

Breath testing instrument update By Nancy G. Easum September 2015 In accordance with the Testing of Breath, Blood, and Urine for Alcohol, Other Drugs, and Intoxicating Compounds administrative rules found at 20 Ill. Adm. Code 1286, accuracy check records for evidential instruments may be kept in a logbook and/or the instrument’s memory.

CDL and “masking” issue By Ted Harvatin December 2015 Federal regulations prohibit “masking” in order to avoid the CDL consequences.

Conviction for aggravated failure to report an accident resulting in death affirmed By J. Brick Van Der Snick December 2015 In People v. Moreno, Defendant was convicted after a bench trial despite the fact that the Defendant was “physically unable” to report the accident at a police station within 30 minutes because he had been taken to the hospital and was then taken into custody.

Cook County judge finds law precluding court supervision for “excessive speeding” unconstitutional By Tom Speedie 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 March 2015 A discussion of what these judgments are and how the practitioner may set them aside.

Excessive / aggravated speeding By Jennifer B. Wagner June 2015 The ISBA's Traffic Laws & Courts Section has provided an amicus brief in the case of People v. Rizzo.

1 comment (Most recent July 8, 2015)

Fortifying one’s castle: People v. Santovi, 2014 IL App (3d) 130075 By J. Brick Van Der Snick & Adam M. Miller February 2015 The Third District Appellate Court recently reinforced the constitutional protections afforded to a person in his or her home.

ISP Electronic Certification Insufficient for Admission of Breath Test Results By William L. Vig December 2015 As the breath test was the only evidence tending to show that his BAC was 0.08 or more in this case, defendant argued that his conviction should be reversed.

Monitoring court-ordered sobriety through the use of technology By Steven M. Sims September 2015 An overview of the most common monitoring devices.

New amendments to the DUI provisions of the Compassionate Use of Medical Cannabis Pilot Program Act By Larry A. Davis March 2015 While the Act has been amended to address a significant problem with its provisions, it continues to maintain others.

1 comment (Most recent February 19, 2015)

The other DUI: Part I By Liam Dixon February 2015 A review of the DUI statute as it relates to the Medical Marijuana Act.

The other DUI: Part II By Liam Dixon March 2015 A look at Arizona's statute, which is similar to Illinois' Marijuana DUI law.

An overview of DUI evaluations in Illinois By Jeremy Richey June 2015 As a general rule, a motorist cannot plead guilty to a DUI without having a DUI evaluation on file with the trial court.

Representing a suspended or revoked driver before the Secretary of State; formal administrative hearing for relief pursuant to Section 6-206(a) 9, 10 OR 14 of the Illinois Vehicle Code By Lisa L. Dunn June 2015 A discussion of how to successfully represent a client who is suspended or revoked pursuant to Sections 6-206(a)9, 10 or 14 of the Illinois Vehicle Code.

Strobel: When there’s no audio on the video By David B. Franks 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.

Violation of speedy trial on elected charge results in dismissal of all charges By Anthony A. Bruno September 2015 A summary of the recent decision in People v. Raymer.

What constitutes “vehicles,” “motor vehicles” and their Illinois Vehicle Code violations By Ted Harvatin September 2015 A helpful overview of these frequently used terms.

What you need to know about the BAIID machine By Lisa Dunn December 2015 This article will explore exactly what the BAIID machine is, who is required to install the BAIID machine, and what “tips” you can give your clients in order to be successful while driving a vehicle equipped with the BAIID machine.