Traffic Laws & Courts

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

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2016 Articles

Appellate court affirms conviction for DUI with .059 BAC By Jeremy J. Richey May 2016 The decision in People v. Phillips is consistent with other Illinois cases.
Appellate court affirms trial court’s suppression of PBT results and no probable cause for DUI arrest: People v. Taylor, 2016 IL App (2d) 150634 By J. Brick VanDerSnick December 2016 In a published opinion issued July 20, 2016 by the Second District Appellate Court, the trial court’s suppression of defendant’s PBT results was affirmed.
Appellate court reverses trial court’s denial of allowing defendant to present a defense at trial By J. Brick Van Der Snick May 2016 A second summary of the decision in People v. Way.
Appellate court reverses trial court’s findings of no jurisdiction for the police officer to arrest defendant—People v. Reynolds, 2016 IL App (4th) 150572 By J. Brick VanDerSnick October 2016 In this recent opinion, the Appellate Court reversed the trial court's finding that the officer lacked jurisdiction to arrest to motorist.
Big changes to driving eligibility effective January 1, 2016 By Tom Speedie May 2016 A discussion of the legislation that took effect in January of this year.
1 comment (Most recent April 26, 2016)
Consent and the PBT By William L. Vig December 2016 If, considering the totality of the circumstances in a given case, the defendant’s submission to a PBT was not voluntary, that PBT result is subject to suppression in both the criminal motion to suppress and the civil petition to rescind.
A defendant’s right to contest proximate cause in aggravated DUI cases By Anthony A. Bruno May 2016 In People v. Way, The appellate court ruled that the defendant should have been allowed to present her evidence, and the State should have been allowed to attack it.
Dude, where’s my license? Welcome changes in Illinois DUI law By Paul Meyer December 2016 A look at laws enacted last year that reflect a shifting attitude toward rewarding rehabilitated drivers and away from increasing and progressive incarceration for what is unimpaired, albeit illegal, driving.
Failure to comply with Illinois Supreme Court Rule 552’s 48-hour requirement: What is the proper remedy? By Anisa L. Jordan October 2016 What is the proper remedy for a violation of Rule 552? To answer this question, the Illinois Supreme Court stated that it first must determine whether Rule 552 was directory or mandatory. The Court noted that making this distinction would guide the court in determining the proper remedy for failure to comply with Rule 552’s timing requirement.
1 comment (Most recent October 6, 2016)
Legislative highlights for 2015 By Larry A. Davis June 2016 The 2015 99th Illinois General Assembly was one of the most productive and successful in recent memory for legislative initiatives supported by the ISBA.
Litigating Kladis By Hon. Joel Berg October 2016 In People v. Kladis, the Illinois Supreme Court approved extreme sanctions for the loss of video evidence. Many thought this a watershed moment in mandating the creation and preservation of video evidence. They were wrong. Subsequent cases illustrate both the narrow nature of the Kladis holding and how misunderstood that holding has been.
1 comment (Most recent October 10, 2016)
Recent cases and cases of interest By Thomas M. Moran June 2016 Cases of interest to practitioners.
Secretary of State administrative code changes 2016 By Ted Harvatin July 2016 A look at the recent rule changes within the Secretary of State's purview. 
Warrantless entry into defendant’s home was not justified By David B. Franks June 2016 A summary of the recent case of People v. Swanson.