Section Newsletters

Articles on Traffic Law

Contesting a suspension for possession or use of a fake driver’s license By Chris E. Freese Traffic Laws and Courts, October 1999 The Illinois Vehicle Code provides in section 6-206 (a) (10) that: "The Secretary of State is authorized to suspend or revoke the driving privileges of any person without preliminary hearing upon a showing of the person's records or other sufficient evidence that the person has possessed, displayed, or attempted to fraudulently use any license, identification card, or permit not issued to the person."
Review of new traffic law By James J. Ahern Traffic Laws and Courts, October 1999 Amends section 9-3 of the Illinois Criminal Code to authorize a prosecution for reckless homicide for the person who, while operating a snowmobile, all-terrain vehicle or watercraft, causes the death of another person as a result of the reckless operation of such device. Effective January 1, 2000
Revised DUI penalty guide By Chris E. Freese Traffic Laws and Courts, October 1999 The following DUI penalty guide was originally published in the General Practice, Solo & Small Firm newsletter in June 1996.
Are licenses issued by the Illinois Department of Public Health to operate breath analysis instruments valid? By Larry A. Davis Traffic Laws and Courts, June 1999 John Doe is arrested for DUI on October 27, 1998, and agrees to submit to evidentiary breath testing, resulting in a BAC of .17.
Does the Illinois Department of Transportation have the authority to set a statewide speed limit? By Alan T. Saeger Traffic Laws and Courts, June 1999 On November 28, 1995, President William J. Clinton signed legislation which repealed the federally-mandated 55 mph speed limit, a relic of the 1973-74 Arab oil embargo later modified to permit 65 mph on certain highways, effective on December 8, 1995.
Recent cases By James J. Ahern Traffic Laws and Courts, June 1999 While a motion for a continuance is addressed to the sound discretion of the trial court, in the event the court is advised that the continuance is needed to substitute the defendant's attorney or to produce witnesses or because the defendant was not capable of assisting her attorney in the defense of a DUI charge because of her illness, the trial judge should make inquiry to determine whether the need exists for the continuance or whether the request is being made as a delaying tactic.
Right to trial by jury in traffic cases, misdemeanors and local ordinance violations By Lawrence W. Terrell Traffic Laws and Courts, June 1999 A defendant who is charged with a traffic offense, whether misdemeanor or local ordinance violation, is entitled to a trial by jury.
Breathalyzer logbooks—What they don’t and won’t tell you By Donald J. Ramsell Traffic Laws and Courts, April 1999 Each breath instrument in the state of Illinois which is employed in DUI arrests has a "logbook." The logbook is defined as "a written record by the law enforcement agency for tests performed according to standards and procedures on each instrument."
Fifth Appellate District casts doubt on validity of the Intoxilyzer 5000 results By Larry A. Davis Traffic Laws and Courts, April 1999 The Fifth Appellate District has held in a published decision that procedures employed in the programming and use of the Intoxilizer 5000 widely used by the Illinois State Police (and local police agencies) violate Illinois law.
Summary of traffic-related decisions published in the Official Reports for 1998 By Daniel M. Locallo Criminal Justice, April 1999 Defendant was convicted of DUI following an arrest for that charge on June 24, 1995.
When are PBT test results admissible? By Daniel T. Gillespie Traffic Laws and Courts, April 1999 In People v. Davis, 296 Ill. App. 3d 923 (3d Dist. 1998), the Illinois Appellate Court addressed the issue of whether the results of a preliminary breath screening test (PBT) can be introduced by the state at a hearing on a motion to suppress evidence and quash the arrest for driving under the influence of alcohol.
Revised DUI penalty guide By Chris E. Freese General Practice, Solo, and Small Firm, March 1999 The following DUI penalty guide was originally published in this newsletter in June 1996.

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