Judicial estoppel to bar use of breath or blood test results?By J. Brick Van Der SnickTraffic Laws and Courts, July 2000In 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. GillespieTraffic Laws and Courts, May 2000In 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.
State’s right to compel testimony in petitions to revokeBy Renee Robinson SalesTraffic Laws and Courts, May 2000In 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 issuesBy Michael W. FeettererTraffic Laws and Courts, May 2000A 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-ticketsBy James J. AhernTraffic Laws and Courts, April 2000For 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 concludedBy Angela PetersTraffic Laws and Courts, April 2000In 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.
Certain provisions of the Illinois drivers license and DUI law held unconstitutionalBy George G. LivasTraffic Laws and Courts, March 2000On 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 factorsBy Lawrence W. TerrellTraffic Laws and Courts, March 2000A continuance is defined as an adjournment by order of court of a cause from one day to another or from one hour to another.
Contesting a suspension for possession or use of a fake driver’s licenseBy Chris E. FreeseTraffic Laws and Courts, October 1999The 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 lawBy James J. AhernTraffic Laws and Courts, October 1999Amends 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 guideBy Chris E. FreeseTraffic Laws and Courts, October 1999The following DUI penalty guide was originally published in the General Practice, Solo & Small Firm newsletter in June 1996.
Does the Illinois Department of Transportation have the authority to set a statewide speed limit?By Alan T. SaegerTraffic Laws and Courts, June 1999On 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 casesBy James J. AhernTraffic Laws and Courts, June 1999While 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.
Breathalyzer logbooks—What they don’t and won’t tell youBy Donald J. RamsellTraffic Laws and Courts, April 1999Each 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 resultsBy Larry A. DavisTraffic Laws and Courts, April 1999The 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.
When are PBT test results admissible?By Daniel T. GillespieTraffic Laws and Courts, April 1999In 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 guideBy Chris E. FreeseGeneral Practice, Solo, and Small Firm, March 1999The following DUI penalty guide was originally published in this newsletter in June 1996.
