Traffic Laws & Courts

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

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2023 Articles

Consequences of a DUI Arrest in Another State When Holding an Illinois Driver’s License By Ted Harvatin July 2023 In today’s mobile society, practitioners will frequently encounter clients who have Illinois driving privileges and receive a DUI in another state. Lawyers should make their clients aware of the possible driver’s license and driving privileges consequences of such a situation.
Illinois Supreme Court Finds Double Jeopardy Applied and Barred a Retrial By Brick Van Der Snick July 2023 A summary and analysis of the recent Illinois Supreme Court case People v. Prince.
Limits on the Municipal Administrative Adjudication of Violations of the Illinois Vehicle Code By Larry A. Davis February 2023 For those who follow Illinois traffic law at its intersection with municipal law, it is known that municipalities will, from time to time, seek to expand the use of administrative adjudication as a way to avoid enforcement of municipal ordinance violations in the circuit court.
The Money Stays Here? Municipalities Cannot Adjudicate Traffic Tickets By Frank Andreano February 2023 It is no secret that traffic tickets raise significant revenue and who gets this money was the subject of a recent appellate court opinion in Cammacho v. the City of Joliet.
Obstruction of Justice Conviction Reversed for Non-Compliance With Blood Warrant By Sara Vig July 2023 In People v. Hutt, the Illinois Supreme Court had occasion to consider the meaning of concealment for purposes of the obstructing statute
Odor of Burnt Cannabis Insufficient to Support Probable Cause for Search By David Franks July 2023 A summary and analysis of People. v. Redmond.
Private Property? Just Admit It: Request to Admit in Rescission Hearings By Ted Hammel, Terrence Wallace, & Kristen Messamore February 2023 In a summary suspension hearing, the defendant can challenge whether the arresting officer had reasonable grounds to believe that the defendant was driving or in actual physical control of a motor vehicle upon a highway while under the influence of alcohol.
Probable Cause for DUI Arrest By James Stern February 2023 People v. Workheiser reviews the factors to establish probable cause for a DUI arrest.
Update on the ISBA’s Diversity, Equity, Inclusion, and Accessibility Initiatives Regarding Disability and Disabled People By Patti Chang February 2023 Updates on the ISBA's diversity, equity, inclusion, and accessibility initiatives with respect to disability and disabled people.