Traffic Laws & Courts

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

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2017 Articles

Aggravated DUI Conviction Affirmed by Appellate Court By J. Brick Van Der Snick October 2017 In People v. Martin, the Defendant appealed his conviction following a jury trial for Aggravated DUI on two grounds. On appeal the Defendant’s conviction was affirmed by the Appellate Court.
1 comment (Most recent October 11, 2017)
Bail reform comes to Illinois By William L. Vig & Sara Mayo Vig October 2017 The bail-related provisions of the Bail Reform Act of 2017 take effect January 1, 2018. Here's what you need to know.
Guillermo, Brantley, and appellate court conflicts: What’s a lawyer to do? By Hon. Joel Berg May 2017 Guillermo and Brantley raise important issues, but how much and to whom do they apply? Both appear to create a conflict in the Appellate Court. Yet the nature and extent of those conflicts are unclear. And both sides—prosecution and defense—have arguments, but it’s unclear who wins.
1 comment (Most recent April 27, 2017)
Illinois Supreme Court rules a third DUI is a Class 2 felony By Jeremy Richey May 2017 A third DUI conviction is a Class 2 felony and the Illinois Supreme Court has settled any argument to the contrary in People ex rel. Glasgow v. Carlson.
Improper lane usage: What you need to know to prepare a defense By Lisa L. Dunn May 2017 The law in Illinois is very clear: even the slightest, most minor lane violation can be a basis for an investigatory stop. Here's what you need to know.
1 comment (Most recent April 26, 2017)
PA 99-0296: The 1,826 days and nights of BAIID By Ted Harvatin November 2017 This law provides that anyone with a Restricted Driving Permit may only operate a vehicle equipped with a breath machine and must do so for five consecutive, uninterrupted years (1,826 days per the administrative rules) prior to being eligible for full reinstatement.
2 comments (Most recent November 10, 2017)
People v. Gocmen: Some advanced DUI drug training required By Anthony A. Bruno May 2017 In its opinion, the Appellate Court emphasized the arresting officer's lack of training and experience that would enable him to distinguish between a diabetic reaction and a drug reaction.
Prolonged traffic stop violation of Fourth Amendment prohibition against reasonable seizures affirmed by appellate court By J. Brick Van Der Snick November 2017 A summary of the consolidated appeal in .
1 comment (Most recent November 10, 2017)
Update on THC nanogram testing in cannabis DUI cases By Jeremy J. Richey October 2017 One problem with Public Act 99-0697, which became effective July 29, 2016, is the law has changed faster than ISP’s ability to enforce it.