Recent cases of interest
By Thomas M. Moran
Traffic Laws and Courts,
October 2018
Summaries of recent traffic law cases in the areas of proximate cause, non-consensual blood draws, private property, margin of error, state action, and agency and state action.
Recent traffic cases
By Thomas M. Moran & James J. Ahern
Traffic Laws and Courts,
December 2009
Decisions related to recent traffic cases.
Recent traffic cases
By Thomas M. Moran & James J. Ahern
Traffic Laws and Courts,
September 2009
Recent cases of interest to traffic laws practitioners.
Recent traffic cases
By Thomas M. Moran & James J. Ahern
Traffic Laws and Courts,
June 2009
Recent cases of interest to traffic laws practitioners.
Recent traffic cases
By James J. Ahern & Thomas M. Moran
Traffic Laws and Courts,
June 2008
According 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 cases
By James J. Ahern & Thomas M. Moran
Traffic Laws and Courts,
February 2008
Section 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 cases
By James J. Ahern & Thomas M. Moran
Traffic Laws and Courts,
December 2007
The 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 interest
By James J. Ahern & Thomas M. Moran
Traffic Laws and Courts,
March 2007
In 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
By James J. Ahern & Thomas M. Moran
Traffic Laws and Courts,
October 2005
Recent traffic cases and cases of interest.
Recent DUI cases
By James J. Ahern & Thomas M. Moran
Traffic Laws and Courts,
December 2004
In 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.
DUIs & Custodial Interrogation
By Thomas M. Moran
Traffic Laws and Courts,
June 2004
For years prosecutors and defense attorneys have debated over what actually constitutes "custodial interrogation" in the context of a DUI stop.
Recent cases
By Thomas M. Moran & James J. Ahern
Traffic Laws and Courts,
April 2004
A 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 cases
By Thomas M. Moran & James J. Ahern
Traffic Laws and Courts,
January 2004
Supreme 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 cases
By Thomas M. Moran & James J. Ahern
Real Estate Law,
September 2003
Recent DUI cases.
The mandatory conversion of blood serum in DUI prosecutions
By Thomas M. Moran
Traffic Laws and Courts,
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.
Spot an error in your article? Contact Celeste Niemann at cniemann@isba.org. For information on obtaining a copy of an article, visit the ISBA Newsletters page.
Select a Different Author
