Articles on Traffic Law

Secretary of State now reports DUI supervision to other states By James J. Ahern Traffic Laws and Courts, December 2001 Illinois 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.
Can a person arrested for driving under the influence of alcohol refuse to submit to chemical testing unless afforded an opportunity to consult with an attorney? By Ari M. Trubitt Traffic Laws and Courts, June 2001 This article will discuss the case law and issues regarding a motorist's request to speak to an attorney upon being requested to submit to chemical testing following an arrest for driving under the influence of alcohol.
Do breath operators have valid licenses? By Larry A. Davis Traffic Laws and Courts, June 2001 Effective January 1, 2001 the Illinois State Police assumed responsibility for the regulation of chemical tests performed pursuant to the Illinois summary suspension laws 625 ILCS 5/11-501.1 11-501.6 and 11-501.8 as well as those arising out of an arrest for violation of 11-501 from the Illinois Department of Public Health (IDPD). See 625 ILCS 5/11-501.2; 11-501.6 and 11-501.8.
Late night DUI call By Douglas B. Olivero Traffic Laws and Courts, June 2001 What advice, if any, do you give when you are awakened by a late night DUI call? Before we begin addressing this question, it may be important to review your own state of mind which could have a bearing on the advice, if any, that you provide.
New rules for testing of breath, blood, and urine for alcohol, other drugs, and intoxicating compounds By Lieutenant Michael McIntosh & Nancy G. Easum Traffic Laws and Courts, June 2001 On January 1, 2001, as a result of the enactment of P.A. 91-0828, the Illinois State Police (ISP) became responsible for the testing of breath, blood, and urine for alcohol, other drugs, and intoxicating compounds.
Recent traffic cases By James J. Ahern Traffic Laws and Courts, June 2001 The 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.
2001 DUI Penalty Guide By Chris E. Freese Traffic Laws and Courts, January 2001 This is a Class A Misdemeanor. The penalty imposed by the Court may be any of the following:
Electronic transmission of driver’s license abstracts to establish proof prior conviction(s) for DUI or driving while revoked By Renee L. Robinson Traffic Laws and Courts, January 2001 This article will discuss briefly the proof required to establish that a defendant was previously convicted of the offense Driving Under the Influence of Alcohol/Drugs and Driving While Revoked.
People v. Jung: constitutionality of 11-501.4-1 upheld By Daniel T. Gillespie Traffic Laws and Courts, January 2001 Does the provision of the Illinois Motor Vehicle Code which allows the results of physician-ordered blood or urine tests conducted in the course of emergency treatment for injuries resulting from a motor vehicle accident to be reported to state or local law enforcement officials violate a patient's right to privacy in his medical records under the Illinois Constitution?
Recent traffic cases By James J. Ahern Traffic Laws and Courts, January 2001 Hospital 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).
Reporting of court supervision to the Secretary of State By Patrick E. McGann Traffic Laws and Courts, January 2001 Vehicle crashes are one of the leading cause of death in the United States. These unnecessary deaths, one every 13 minutes, injuries and property damage cost our economy $150 billion dollars each year.
The authority to effectuate an arrest in Illinois By Larry A. Davis Traffic Laws and Courts, October 2000 A new appellate court case, People vs. Kirvelaitis (No. 2-99-859, 2nd District, 8/9/00), contains an excellent discussion of a police officer's authority to arrest under current Illinois law.
Circuit court judge rejects Secretary of State policy of refusing to issue licenses to person revoked in foreign states Traffic Laws and Courts, October 2000 A Cook County circuit court judge has decided that the secretary of state's long-standing policy of refusing to consider the issuance of an Illinois driver's license to any person whose drivers license or privileges were previously revoked in a foreign state violates Illinois law.
Recent traffic cases By James J. Ahern Traffic Laws and Courts, October 2000 A 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 Ryan By James J. Ahern Traffic Laws and Courts, October 2000 Amends 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.
Secretary of State formal hearings now to be available in Jefferson County By Larry A. Davis Traffic Laws and Courts, October 2000 SB 1630 requiring the secretary of state to conduct formal hearings in Jefferson County has been signed by Governor Ryan effective January 1, 2001. (P.A. 91-823).
The defense of “sleeping it off” to the charge of driving under the influence in light of City of Naperville v. Watson By Ari M. Trubitt Traffic Laws and Courts, July 2000 Pursuant to Illinois Statute, it is unlawful for a person to operate or be in actual physical control of a motor vehicle within the State of Illinois while under the influence of alcohol, drugs or a combination thereof. 625 ILCS 5/11-501, (1992).
DUI supervisions are no longer expungeable and allegations subsequent to supervision event may preclude expungement By Angela Peters Traffic Laws and Courts, July 2000 20 ILCS 2630/5 governs the expungement of arrest-related records. "... Whenever an adult or minor prosecuted as an adult, not having previously been convicted of any criminal offense or municipal ordinance violation, charged with a violation of a municipal ordinance or a felony or a misdemeanor, is acquitted or released without being convicted,...,
In the absence of probable cause, can police search a vehicle after a traffic stop? By Daniel T. Gillespie Traffic Laws and Courts, July 2000 Assume that a police officer on routine patrol has stopped a motorist for a traffic violation. Absent probable cause, can the officer search the vehicle? The United States Supreme Court decided that question in Knowles v. Iowa, 119 S. Ct 484 (1998).
Judicial estoppel to bar use of breath or blood test results? By J. Brick Van Der Snick Traffic Laws and Courts, July 2000 In People v. Wisbrock, 223 Ill.App.3d 173 (3rd Dist. 1991), the appellate court ruled that the State was precluded from utilizing a breath result in a DUI trial, where the defendant's conduct at the time of testing had been construed as a test refusal at the summary suspension hearing.
Does the use of police emergency lights to curb a vehicle constitute a “seizure?” By Daniel T. Gillespie Traffic Laws and Courts, May 2000 In City of Highland Park v. Lee, 291 Ill. App. 3d 146, 694 N.E. 2d 673, 230 Ill. Dec. 704 (2d Dist. 1997), the Illinois Appellate Court held that the use of police emergency lights constitutes a show of authority used to restrain the liberty of a motorist.
Emergency room blood tests are not admissible in a summary suspension hearing By James J. Ahern Traffic Laws and Courts, May 2000 Let us assume that, following a collision, a motorist is transported to a hospital emergency room for treatment for injuries.
State’s right to compel testimony in petitions to revoke By Renee Robinson Sales Traffic Laws and Courts, May 2000 In a hearing on a petition to revoke supervision, conditional discharge or probation, does the state have the right to compel a defendant to testify? In People v. Bell, 296 Ill. App.3d 146, 694 N.E.2d 673, 230 Ill.Dec. 704, the court said yes.
Statutory summary suspension issues By Michael W. Feetterer Traffic Laws and Courts, May 2000 A statutory summary suspension proceeding is a unique animal in that it meshes civil procedures with criminal and constitutional law.
Cook County villages enjoined from using P-tickets By James J. Ahern Traffic Laws and Courts, April 2000 For 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.
Police may not detain driver after the purpose of the traffic stop is concluded By Angela Peters Traffic Laws and Courts, April 2000 In the case of People v. Brownlee, 186 Ill.2d 501, 713 N.E.2d 556 (1999), two officers were on a "special detail" patrol looking for illegal drug activity and illegal weapons. Around 10:00 p.m., Officer Guerrero observed a white car stop in front of an apartment complex.
Prosecution’s use of a hospital blood test in a DUI prosecution By James J. Ahern Traffic Laws and Courts, April 2000 Blood test results may be used in a DUI prosecution to establish that the defendant has violated #11-501 (a)(1) through (6).
The State’s motion for nolle prosequiequi is not absolute and may be denied upon a showing of lack of diligence By Rachel J. Hess Traffic Laws and Courts, April 2000 This article addresses the propriety of the State's use of the 'nolle prosequi' on the day of trial or hearing and after a motion to continue is denied.
Certain provisions of the Illinois drivers license and DUI law held unconstitutional By George G. Livas Traffic Laws and Courts, March 2000 On December 2, 1999, the Illinois Supreme Court ruled that Public Act 88-680, known as the "Safe Neighborhoods Law" was unconstitutional for the reason that it violates the single subject requirements of the Illinois Constitution of 1970.
Motions for continuance: grounds and factors By Lawrence W. Terrell Traffic Laws and Courts, March 2000 A continuance is defined as an adjournment by order of court of a cause from one day to another or from one hour to another.

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