Traffic Laws & Courts

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

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2022 Articles

Actual Physical Control of the Motor Vehicle By J. Brick Van Der Snick September 2022 A summary analysis of People v. Farmer.
Changes to Supreme Court Rule 552 By Brian Smith January 2022 The Illinois Supreme Court issued final changes to several rules on September 29, including Rule 552, which governs how traffic citations are processed by the circuit courts.
Driving While License Suspended and Supervision Limits By Jason Wilkins November 2022 It is common for attorneys to pursue court supervision when a client is facing charges of driving while license is suspended or revoked.
DUI Sentencing Errors Result in Resentencing By J. Brick Van Der Snick May 2022 In People v. Larson, the defendant appealed her conviction for aggravated DUI.
1 comment (Most recent May 7, 2022)
Giving Back to Our Colleagues in Need By Bridget C. Duignan September 2022 A look at how the Illinois Bar Foundation's Lawyers Care Fund helps attorneys around the state.
Hospital Records as Business Records Exception to Hearsay in DUI Cases By Hon. Edward Maloney September 2022 A summary and analysis of People v. Deroo.
Important Suspensions Update: SOS Eliminates Failure to Pay Suspensions By Ted Harvatin January 2022 As of June 7, 2021, the Secretary of State has eliminated failure to pay stops and suspensions.
1 comment (Most recent February 5, 2022)
Parking on the Curb Is Not the Same as Changing Lanes for Signal Purposes By David Franks May 2022 A summary and analysis of People v. Jackson.
Per Se Conflicts of Interest Apply to DUI Cases By Hon. Jeremy J. Richey January 2022 In People vs. Yost, the Illinois Supreme Court discussed the per se conflict of interest, which triggers an automatic reversal of conviction.
Plea of Guilty to Charge in One County Bars Prosecution of Similar Charge in Second County By J. Brick Van Der Snick January 2022 In People v. Hull, the appellate court affirmed the trial court’s decision to grant the defendant’s motion to dismiss and bar La Salle County prosecution for aggravated fleeing and eluding as the defendant had already pleaded guilty to misdemeanor fleeing and eluding  in Marshall County.
Retrial in DUI Not Barred by Double Jeopardy as Sufficiency of Evidence Not Considered By Adam M. Miller September 2022 A summary and analysis of People v. Kotlarchik.
SAFE-T Act Challenges By Sara Vig November 2022 State’s attorneys across Illinois have recently filed lawsuits alleging that the SAFE-T Act is unconstitutional because it violates the single-subject rule.
Summary of Secretary of State Administrative Rule Amendments Effective Nov. 12, 2021 (45 Ill. Reg 14985) By Larry A. Davis February 2022 Summaries of the changes made to the Illinois Administrative Code, which were proposed in November 2020 and approved in December 2021.
Unpaid Traffic or Automated System Fines No Longer Suspend, Cancel, or Prevent License Renewal By Brian Smith May 2022 As part of the enactment of the SAFE-T Act, as of July 1, 2021, drivers who have had their licenses suspended, canceled, or barred from renewal for unpaid traffic or automated camera system tickets will have those holds rescinded by the Secretary of State.
What Driving Relief Is Available to Someone With Four or More DUI Convictions? By Ted Harvatin November 2022 It is important for attorneys to understand th driver's license consequences of a DUI conviction.
When an Automatic Substitution of Judge Is Wrongfully Denied, Conviction Vacated By Donald Ramsell November 2022 In People v. Brusaw, the court considered what happens if a defendant files a motion for substitution of judge and the motion is never acted upon.