Recent traffic casesBy Thomas M. Moran & James J. AhernTraffic Laws and Courts, December 2009Decisions related to recent traffic cases.
Recent traffic casesBy Thomas M. Moran & James J. AhernTraffic Laws and Courts, September 2009Recent cases of interest to traffic laws practitioners.
Recent traffic casesBy Thomas M. Moran & James J. AhernTraffic Laws and Courts, June 2009Recent cases of interest to traffic laws practitioners.
Recent traffic casesBy James J. Ahern & Thomas M. MoranTraffic Laws and Courts, June 2008According to the First District Appellate Court, a defendant’s right to a speedy trial is not violated when, after charging the defendant with domestic battery and aggravated battery upon a police officer, prosecutors withdrew, or nolle-prossed the charges after the defendant demanded trial and later re-filed a charge of aggravated battery after the defendant was released from the Illinois Department of Corrections for a parole violation. People v. Castillo, 372 Ill.App.3d 77, 865 N.E.2d 208, 309 Ill.Dec.845 (1st Dist 2007).
Recent traffic casesBy James J. Ahern & Thomas M. MoranTraffic Laws and Courts, February 2008Section 12-503(c) of the Illinois Vehicle Code prohibits a person from operating a vehicle: …with any objects placed or suspended between the driver and the front windshield, rear window, side wings or side windows immediately adjacent to each side of the driver which materially obstructs the driver’s view. (Emphasis added).
Recent traffic casesBy James J. Ahern & Thomas M. MoranTraffic Laws and Courts, December 2007The trial court has authority to order that bond funds be used to provide restitution notwithstanding the fact that the bond is posted by someone other than the defendant.
Recent cases and cases of interestBy James J. Ahern & Thomas M. MoranTraffic Laws and Courts, August 2007Recent traffic cases of interest.
Recent cases and cases of interestBy James J. AhernTraffic Laws and Courts, June 2007Section 6-303 of the Illinois Vehicle Code prohibits a person from driving a vehicle while the driver’s license is suspended or revoked.
Recent cases and cases of interestBy James J. Ahern & Thomas M. MoranTraffic Laws and Courts, March 2007In People v. Brady, No. 02-04-1281, ___ Ill.App.2d ___, ___ N.E.2d ___, ___ Ill.Dec. ___ (2nd Dist. 2007), Defendant was charged with leaving the scene of a motor vehicle accident involving death of a person, aggravated reckless driving and drag racing.
Recent cases and cases of interestBy James J. Ahern & Thomas M. MoranTraffic Laws and Courts, January 2007Recent cases of interest to traffic lawyers.
Recent traffic cases and cases of interestBy James J. AhernTraffic Laws and Courts, January 2006Probable cause exists when the facts known to the officer at the time of the arrest are sufficient to lead a reasonably cautious person to believe that the person arrested has committed a crime.
Recent casesBy James J. Ahern & Thomas M. MoranTraffic Laws and Courts, October 2005Recent traffic cases and cases of interest.
Recent DUI casesBy James J. Ahern & Thomas M. MoranTraffic Laws and Courts, December 2004In a decision from the Illinois Supreme Court filed September 23, 2004, the Court recognized that a defendant may successfully raise the "GERD defense" as a basis for excluding the result of a breath test.
Recent casesBy Thomas M. Moran & James J. AhernTraffic Laws and Courts, April 2004A police officer has authority to stop a vehicle when the driver remains at a standstill for 20 seconds after the traffic control signal turns green. In People v. Kelly, No. #2-02-0274, ___ Ill.App.3d ___, 802 N.E.2d 850, 280 Ill.Dec. 599 (2d Dist. 2003), after the officer observed the defendant's vehicle remain stopped at an intersection for approximately 20 seconds after the light turned green.
Recent DUI casesBy Thomas M. Moran & James J. AhernTraffic Laws and Courts, January 2004Supreme Court Rule 412(a)(i) requires that the State, as part of pretrial discovery and upon the defendant's request, supply the defendant with the names of persons whom the State intends to call as witnesses.
Recent DUI casesBy Thomas M. Moran & James J. AhernReal Estate Law, September 2003Recent DUI cases.
Recent casesBy James J. AhernTraffic Laws and Courts, May 2003Three days following the defendant's arrest, he moved the court to preserve all transmissions by the Prospect Heights Police Communications Section for a period of 11/2 hours before his arrest, which occurred at 7:25 p.m. and for 21/2 hours after his arrest.
Recent casesBy James J. AhernTraffic Laws and Courts, November 2002Prior 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 casesBy James J. AhernTraffic Laws and Courts, July 2002Section 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.
Recent casesBy James J. AhernTraffic Laws and Courts, December 2001Although 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.
Review of new traffic laws of the 92nd General AssemblyBy James J. AhernTraffic Laws and Courts, December 2001As 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 statesBy James J. AhernTraffic Laws and Courts, December 2001Illinois 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.
Recent traffic casesBy James J. AhernTraffic Laws and Courts, June 2001The 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 casesBy James J. AhernTraffic Laws and Courts, January 2001Hospital 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).
Recent traffic casesBy James J. AhernTraffic Laws and Courts, October 2000A due process violation occurs where the state destroys evidence after the defense files a timely discovery motion seeking its preservation, even if the defense attorney cannot show that the evidence had exculpatory value.
Review of important new traffic laws of 91st General Assembly approved by Governor RyanBy James J. AhernTraffic Laws and Courts, October 2000Amends section 11-501 and section 6-303 of the Illinois Vehicle Code to re-enact provisions of Public Act 88-680 that were declared unconstitutional by the Illinois Supreme Court in People v. Cervantes, 189 Ill.2d 80, 723 N.E.2d 265, 243 Ill.Dec. 233 (1999) as violating the single subject provisions of the Illinois Constitution.
Cook County villages enjoined from using P-ticketsBy James J. AhernTraffic Laws and Courts, April 2000For a number of years, certain villages located within Cook County, Illinois have been using programs to enforce traffic laws which programs are inconsistent with the enforcement of Illinois Vehicle Code.
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