Sufficient Information Was Conveyed During 911 Call to Properly Stop DefendantBy J. Brick Van Der SnickTraffic Laws and Courts, April 2020In People v. Shelton, the defendant appealed the trial court's ruling that he did not have ineffective trial counsel based on the fact that his trial counsel did not file a motion to suppress evidence based on a 911 call containing insufficient information for the arresting officer to develop reasonable suspicion.
Appellate Court Vacates Orders, Remands for New Revocation HearingBy J. Brick Van Der Snick & Andrew MorrisTraffic Laws and Courts, February 2020In People v. Nemec, the defendant appealed an order revoking his court supervision, an entry of a conviction, and an order to pay fines and costs, arguing he was deprived of his right to be properly admonished of his rights to be represented by counsel at his revocation hearing.
Case NotesBy Juliet BoydTraffic Laws and Courts, February 2020Summaries of two recent appellate cases of interest.
Language May Be a Barrier, Except for Warning to MotoristBy Ted HammelTraffic Laws and Courts, February 2020Last May, the third district appellate court reversed a trial court’s decision rescinding the statutory summary suspension on the grounds of inadequate warnings.
MDDP IssuesBy Ted HarvatinTraffic Laws and Courts, December 2019An overview of the Monitoring Device Driving Permit Program.
The Corpus Delicti RuleBy J. Brick Van Der Snick & Andrew L. MorrisTraffic Laws and Courts, August 2019A summary of People v. Sanchez, in which the defendant appealed his conviction for one count of driving under the influence of alcohol.
Has Missouri v. McNeely Been Overruled by Mitchell v. Wisconsin?By Larry A. DavisTraffic Laws and Courts, August 2019In Mitchell v. Wisconsin, the U.S. Supreme Court held that a Wisconsin statute providing for a warrantless blood draw from an unconscious DUI suspect is always constitutional, except in the rarest of circumstances, pursuant to the “exigent circumstances” exception to the Fourth Amendment’s warrant requirement.
Low-speed bicycles and driving while revoked/suspendedBy Ted HarvatinTraffic Laws and Courts, October 2018The Illinois General Assembly, recognizing the growing popularity of power-assisted bicycles and the lack of clarity regarding regulatory oversight of them, recently enacted legislation to address these uncertainties.
Probable cause in your DUI caseBy Hon. Joel BergTraffic Laws and Courts, October 2018An at-a-glance reference for the next time you have a summary suspension or motion to suppress hearing in a DUI case.
Recent cases of interestBy Thomas M. MoranTraffic Laws and Courts, October 2018Summaries 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.
Appellate court affirms finding of guilty after stipulated bench trialBy J. Brick Van Der SnickTraffic Laws and Courts, June 2018In People v. Beck, the appellate court affirmed the lower court's finding that the testimony pertaining to retrograde extrapolation met the Frye standard.
The attorney as advocate and counselorBy Alan JonesTraffic Laws and Courts, December 2002As with any other litigators, DUI defense attorneys are sworn to be forceful advocates for our clients.
People v. Reggie Smith: The proper foundation for admission of a videotapeBy Daniel T. GillespieTraffic Laws and Courts, December 2002In People v. Reggie Smith, 321 Ill. App. 3d 669, 749 N. E. 2d 986, 255 Ill. Dec. 504 (1st Dist. 2001), the appellate court set forth the proper foundation requirements for the introduction of a videotape.
CorrectionTraffic Laws and Courts, November 2002In the last edition of the Traffic Laws & Courts newsletter (Vol. 12, No. 1) an article appeared entitled, "Boating while under the influence (BUI)," written by Douglas Olivero.
The mandatory conversion of blood serum in DUI prosecutionsBy Thomas M. MoranTraffic Laws and Courts, November 2002Pursuant 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.
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.
Boating while under the influence (BUI)Traffic Laws and Courts, July 2002Chapter 625 of the Illinois Compiled Statutes, section 45/5-16, is entitled, "Operating a watercraft under the influence of alcohol, other drug, or combination thereof."
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.
Supervision and CDL: serious traffic violations—A trap for the Inexperienced PractitionerBy Louis A. BernTraffic Laws and Courts, July 2002The Uniform Commercial Driver's License Act (UCDLA), 625 ILCS 5/6--500 et. seq. has substantially limited the availability of supervision as a sentencing alternative for most, if not all, moving violations committed while operating a commercial motor vehicle (CMV).
When does the 90-day filing requirement to challenge a statutory summary suspension begin?By Larry A. DavisTraffic Laws and Courts, July 2002In an effort to prevent drivers from filing petitions to rescind months, if not years, after a statutory summary suspension had become effective, often after the suspension had already terminated, the Legislature amended 625 ILCS 5/118.1(b) effective January 1, 1996 to provide:
