Section Newsletters

Articles on Traffic Law

SAFE-T Act Challenges By Sara Vig Traffic Laws and Courts, November 2022 State’s attorneys across Illinois have recently filed lawsuits alleging that the SAFE-T Act is unconstitutional because it violates the single-subject rule.
What Driving Relief Is Available to Someone With Four or More DUI Convictions? By Ted Harvatin Traffic Laws and Courts, November 2022 It is important for attorneys to understand th driver's license consequences of a DUI conviction.
When an Automatic Substitution of Judge Is Wrongfully Denied, Conviction Vacated By Donald Ramsell Traffic Laws and Courts, November 2022 In People v. Brusaw, the court considered what happens if a defendant files a motion for substitution of judge and the motion is never acted upon.
Actual Physical Control of the Motor Vehicle By J. Brick Van Der Snick Traffic Laws and Courts, September 2022 A summary analysis of People v. Farmer.
Hospital Records as Business Records Exception to Hearsay in DUI Cases By Hon. Edward Maloney Traffic Laws and Courts, September 2022 A summary and analysis of People v. Deroo.
Retrial in DUI Not Barred by Double Jeopardy as Sufficiency of Evidence Not Considered By Adam M. Miller Traffic Laws and Courts, September 2022 A summary and analysis of People v. Kotlarchik.
DUI Sentencing Errors Result in Resentencing By J. Brick Van Der Snick Traffic Laws and Courts, May 2022 In People v. Larson, the defendant appealed her conviction for aggravated DUI.
1 comment (Most recent May 7, 2022)
Parking on the Curb Is Not the Same as Changing Lanes for Signal Purposes By David Franks Traffic Laws and Courts, May 2022 A summary and analysis of People v. Jackson.
Unpaid Traffic or Automated System Fines No Longer Suspend, Cancel, or Prevent License Renewal By Brian Smith Traffic Laws and Courts, May 2022 As part of the enactment of the SAFE-T Act, as of July 1, 2021, drivers who have had their licenses suspended, canceled, or barred from renewal for unpaid traffic or automated camera system tickets will have those holds rescinded by the Secretary of State.
Summary of Secretary of State Administrative Rule Amendments Effective Nov. 12, 2021 (45 Ill. Reg 14985) By Larry A. Davis Traffic Laws and Courts, February 2022 Summaries of the changes made to the Illinois Administrative Code, which were proposed in November 2020 and approved in December 2021.
Changes to Supreme Court Rule 552 By Brian Smith Traffic Laws and Courts, January 2022 The Illinois Supreme Court issued final changes to several rules on September 29, including Rule 552, which governs how traffic citations are processed by the circuit courts.
Important Suspensions Update: SOS Eliminates Failure to Pay Suspensions By Ted Harvatin Traffic Laws and Courts, January 2022 As of June 7, 2021, the Secretary of State has eliminated failure to pay stops and suspensions.
1 comment (Most recent February 5, 2022)
Per Se Conflicts of Interest Apply to DUI Cases By Hon. Jeremy J. Richey Traffic Laws and Courts, January 2022 In People vs. Yost, the Illinois Supreme Court discussed the per se conflict of interest, which triggers an automatic reversal of conviction.
Plea of Guilty to Charge in One County Bars Prosecution of Similar Charge in Second County By J. Brick Van Der Snick Traffic Laws and Courts, January 2022 In People v. Hull, the appellate court affirmed the trial court’s decision to grant the defendant’s motion to dismiss and bar La Salle County prosecution for aggravated fleeing and eluding as the defendant had already pleaded guilty to misdemeanor fleeing and eluding  in Marshall County.
Breathalyzer Challenge Toppled by Lack of Credibility By Adam Miller Traffic Laws and Courts, May 2021 In People v. Sokolowski, the court upheld the denial of a motion in limine asking to bar a preliminary breath test result and a guilty verdict following a stipulated bench trial.
Defense Must Prove Blood Draw Was Carried Out by State Actors By David B. Franks Traffic Laws and Courts, May 2021 A summary and analysis of People v. Mueller.
Does State Commit a Discovery Violation When Evidence Does Not Exist? By Anisa Jordan & Victoria Buchholz Traffic Laws and Courts, May 2021 People v. Althoff discusses whether a discovery violation occurs when the state fails to produce evidence requested by the defendant that normally would exist in the context of a DUI investigation but, for whatever reason, does not exist.
Recent U.S. Department of Justice Funded Study Raises Constitutional Issues & Prosecution Challenges in Cannabis-Related DUI Cases By Larry A. Davis Traffic Laws and Courts, May 2021 A recent U.S. Department of Justice study stated that THC is not a reliable marker of cannabis impariment and field sobriety tests were not sensitive to cannabis intoxication.
Summary of the License to Work Act By Ted Harvatin Traffic Laws and Courts, February 2021 On January 17, 2020, Governor Pritzker signed into the law the License to Work Act.
Big Changes in Discovery Procedure Pursuant to Illinois Supreme Court Rule 415(c) By Sara M. Vig Traffic Laws and Courts, November 2020 A look at the revisions to Illinois Supreme Court Rule 415(c), which precluded a defense attorney from giving the attorney’s client a copy of his/her own discovery in felony case until October 23.
1 comment (Most recent November 13, 2020)
Mandatory 180 Jail Was Not Appropriate Because of Ambiguities in DUI Law By Brick Van Der Snick Traffic Laws and Courts, November 2020 In People v. Rowell, the appellate court vacated the defendant's sentence and remanded the case for resentencing on the grounds that 625 ILCS 5/11-501(c)(3) is ambiguous and vague.
Playing Videos During Jury Deliberations By Hon. Edward Maloney Traffic Laws and Courts, November 2020 In People v. Hollahan, the Illinois Supreme Court reviewed whether reversible error was committed when, after the jury had retired to deliberate, the court granted the jury’s request to review a video but played it in the courtroom with the judge, parties and alternate jurors present.
Recent Cases and Cases of Interest By Thomas M. Moran Traffic Laws and Courts, November 2020 Summaries of recent cases of interest to traffic law practitioners.
Comparison of Illinois Breath Testing Instruments By Nancy G. Easum Traffic Laws and Courts, October 2020 A look at the various breath testing instruments used in Illinois.
Detective Sworn Report Not Fatal: People v. Raupp, 2020 IL App (2d) 190309 By Adam M. Miller Traffic Laws and Courts, October 2020 On February 20, 2020 the second district appellate court reversed a trial court’s decision to rescind a statutory summary suspension based on a defective sworn report and the resulting statutorily deficient notice.
Is Odor of Cannabis Enough? By Sarah Vig Traffic Laws and Courts, October 2020 On March 19, 2020 in People v. Hill, the Illinois Supreme Court weighed in on the issue of whether the odor of cannabis can be used as probable cause to search a vehicle.
No Video, No Discovery Violation By David Franks Traffic Laws and Courts, October 2020 Absent evidence indicating that the state could have at one time produced an in-squad video and entire booking room video, and where the evidence did not prove that the recordings ever existed, the state did not commit a discovery violation.
Compelled Chemical Testing After Accident May Be Unconstitutional By James Stern Traffic Laws and Courts, April 2020 A summary of People v. Eubanks, in which the defendant appealed a conviction of first-degree murder, failure to report an accident involving death or injury, and aggravated driving under the influence.
A Defendant’s Right to Be Present While Video Is Played By Hon. Edward Maloney Traffic Laws and Courts, April 2020 A look at whether consideration of evidence outside of the courtroom violates a defendant’s rights.
The Factual Basis: Keep It Simple By Hon. Jeremy Richey Traffic Laws and Courts, April 2020 Unless the judge you are appearing in front of requires a detailed factual basis for a defendant's guilty plea, you should keep the factual basis short and focused.

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