The Zero Tolerance LawBy John T. Doody, Jr.Traffic Laws and Courts, May 2002In 1995 the Zero Tolerance Law (625 ILCS 5/6-11-501.8) became law. Since that time, there have been amendments to the law and the Secretary of State ('SOS') has implemented administrative rules (92 Ill. Admin. Code 1001.600 et seq.) governing these suspensions.
Discovery in DUI, misdemeanor and traffic casesBy J. Brick Van Der SnickTraffic Laws and Courts, February 2002A problem facing prosecutors and defense attorney's practicing in the field of DUI, which includes statutory summary suspensions, misdemeanor, and traffic cases, is to what extent discovery is allowed under the Illinois statutes and case law.
Field sobriety tests in Illinois: Valid psychophysical tests or voodoo science?By Donald J. RamsellTraffic Laws and Courts, February 2002I recently had the opportunity to become certified in standardized field sobriety testing under the National Highway Traffic Safety Administration (NHTSA) Program, run by the International Association of Chiefs of Police.
Scrivener’s error: validity of a sworn reportBy Lawrence W. TerrellTraffic Laws and Courts, February 2002The recent appellate court decision of People vs. Wyzgowski1 held that a scrivener's error did not affect the validity of the officer's sworn report.
What is the proper standard for a motion for a directed finding? People v. ConnollyBy Daniel T. GillespieTraffic Laws and Courts, February 2002In People v. Connolly, 322 Ill. App. 3d 905, 751 N.E. 2d 1219 (2d Dist. 2001), the Illinois Appellate Court articulated the proper standard for ruling on what has, among trial practitioners, been commonly known as a motion for a directed finding at the close of the State's case.
When can a disposition of supervision be granted?By Nancy G. EasumTraffic Laws and Courts, February 2002In general, a disposition of supervision may be granted for petty offenses and misdemeanors.
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.
Do breath operators have valid licenses?By Larry A. DavisTraffic Laws and Courts, June 2001Effective 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 callBy Douglas B. OliveroTraffic Laws and Courts, June 2001What 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.
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.
2001 DUI Penalty GuideBy Chris E. FreeseTraffic Laws and Courts, January 2001This is a Class A Misdemeanor. The penalty imposed by the Court may be any of the following:
People v. Jung: constitutionality of 11-501.4-1 upheldBy Daniel T. GillespieTraffic Laws and Courts, January 2001Does 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 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).
Reporting of court supervision to the Secretary of StateBy Patrick E. McGannTraffic Laws and Courts, January 2001Vehicle 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 IllinoisBy Larry A. DavisTraffic Laws and Courts, October 2000A 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.
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.
DUI supervisions are no longer expungeable and allegations subsequent to supervision event may preclude expungementBy Angela PetersTraffic Laws and Courts, July 200020 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. GillespieTraffic Laws and Courts, July 2000Assume 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).
