Traffic Laws & Courts

The newsletter of the ISBA’s Section on Traffic Laws & Courts

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2011 Articles

Bullish for Bullcoming By Niyati Thakur August 2011 Bullcoming v. New Mexico is a notable, if cautious, extension of the Confrontation Clause cases of Crawford and Melendez-Diaz.
1 comment (Most recent August 23, 2011)
Defending DUI refusals in jury trial cases—Practical tips By Donald J. Ramsell March 2011 Some tried-and-true tips to use in a refusal case to help you achieve a not-guilty verdict.
2 comments (Most recent March 14, 2011)
Don’t be intimidated by DUIs with blood evidence By Erica Nichols August 2011 Each type of blood draw has its own legal requirements for admission into evidence at trial. It is these requirements that provide the opportunity to defeat the blood evidence.
Driving under the influence: Not just for alcohol anymore By Erica Nichols March 2011 Illinois' DUI statute lists six different measurements by which an individual can be found to be under the influence, and only the first two are related to alcohol.
1 comment (Most recent March 10, 2011)
Inventory searches: Before you may search you must have the right to seize By Hon. John McAdams May 2011 The threshold question in any inventory search is the validity of the original seizure of the vehicle. If the original impound was invalid, even if pursuant to a written or oral standardized police policy, the subsequent inventory search is unconstitutional.
A modest proposal for changes to rules and statutes governing Secretary of State Hearings By Tom Speedie May 2011 A wish list from a former Secretary of State Hearing Officer and current solo practitioner concentrating in practice before Secretary of State.
New grounds for challenging red light tickets after PA 96-1016 and Melendez-Diaz By Nate Nieman March 2011 A new amendment to the statute outlining procedures for "photo enforcement" citations gives defendants new grounds on which to challenge those citations.
New summary suspension law hits Illinois By Edward M. Maloney May 2011 Beginning July 1, a person suspected of DUI in a fatal or injurious auto accident who refuses or fails to complete chemical testing can have his or her driving privileges revoked under statute 625 ILCS 5/1-197.6).
4 comments (Most recent May 25, 2011)
People v. Aronson: Missing video results in rescission due to inferences drawn in favor of the defendant By Sean D. Brady May 2011 A summary of the recent case of People v. Aronson.
3 comments (Most recent May 25, 2011)
People v. Bruni, 2010 Ill. App. LEXIS 1274 (2nd Dist. 2010) By David B. Franks-Straus March 2011 The Appellate Court concluded that defendant’s admission that he had consumed a beer, together with the officer’s testimony “was sufficient to justify the relatively minor intrusion of requesting that a properly stopped motorist step out of a vehicle to perform field sobriety tests."
People v. Geier By David B. Franks August 2011 Initial probable cause did not dissipate merely because Arresting Officer continued to follow motorist for two to four miles, after observing traffic violation, before stopping motorist.
People v. Martin: Trace of drugs and death sufficient for aggravated DUI conviction By J. Brick Van Der Snick May 2011 In the case of People v. Martin, the Illinois Supreme Court found that a driver with controlled substances in his body violates Section 11-501(a)(6) of the Illinois Motor Vehicle Code simply by driving.
Primer on Standardized Field Sobriety Tests & Preliminary Breath Tests for DUI arrests By J. Brick Van Der Snick December 2011 A basic outline of the SFSTs and PBT in the State of Illinois. 
1 comment (Most recent December 14, 2011)
So your client has given you physical evidence of a crime… By J. Randall Cox May 2011 On the one hand, the delivery to the attorney is a communication which the attorney is required to protect. (Rule 1.6) However, an attorney is not to unlawfully obstruct another party’s access to evidence. (Rule 3.4) How is this conflict resolved? The courts of Illinois do not appear to have directly addressed this.
Summary suspension after a motor vehicle accident By Lisa L. Dunn August 2011 A discussion of the recent appellate case of Odom v. White, in which the injuries suffered in two motor vehicle accidents met the statutory definition of a type A injury, which confers implied consent for a blood-alcohol test.
Your client has been denied driving privileges by the Secretary of State. Now what? By M. Christine Heins March 2011 The type of post-hearing relief available to your client depends on whether he or she had an informal or formal hearing before the Secretary of State.
1 comment (Most recent March 10, 2011)