Traffic Laws & Courts

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

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2024 Articles

After Agreed Statement of Facts, Defendant Found Guilty of Speeding, Appellate Court Reverses By J. Brick Van Der Snick May 2024 A summary and analysis of People v. Butler.
Become an Illinois Bar Foundation Champion By Jessica R. Durkin November 2024 At least twice a year at ISBA Annual and Midyear Meetings, we are pitched by colleagues and the Illinois Bar Foundation to become a “Champion.” But what is a Champion really, and what’s in it for us?
Expunge in Illinois Means to Physically Destroy the Records –Springfield, We May Have a Problem By Ted Hammel May 2024 The statutory authority for expungement for misdemeanor driving under the influences cases is found in the Criminal Identification Act.
Fourth District Reaffirms Its Standard to Evaluate Anonymous and Non-Anonymous Tips of Individuals Suspected of Driving Under the Influence By J. Brick Van Der Snick November 2024 A look at People v. Johnson, a case of interest to traffic law practitioners, from the Fourth District of the Illinois Appellate Court. 
A High Burden: A Discussion of People v. Krzeczkowski and the Standard for Securing DUI Drug Convictions By Matthew Moustis November 2024 This Article discusses the legal standard for securing DUI drug convictions, the Third District’s unpublished Rule 23 Order in Krzeczkowski, and considerations for law enforcement agencies enforcing DUI drug laws.
Independent Truckers and the SR22 “Trap” By Anthony B. Cameron November 2024 Independent truckers face jeopardy when charged with operating a non-commercial vehicle without liability insurance far exceeding those of any other owner/operator.
Is Silence an Admission? By Terrence Wallace March 2024 In People v. Pinkett, the Illinois Supreme Court recently held that a defendant’s post arrest silence was neither material nor relevant to show consciousness of guilt.
New Law Ends Failure to Appear Driver’s License Suspensions By Larry A. Davis November 2024 Traffic practitioners should be aware of a significant change to 625 ILCS 5/6-308 (P.A. 103-0789) which addresses defendants who fail to appear on petty offenses (excluding those defined as business offenses (730 ILCS 5/5-1-2); overweight violations (265 ILCS 5/15-111); and registration fee violations (625 ILCS 5/3-401)).
Officer Procuring Keys From Driver Does Not Equate to Arrest By Adam M. Miller August 2024 A summary and analysis of People v. Pellegrino.
Overlooked Attacks on the Admissibility of the PBT Test By Terry Wallace August 2024 The portable breath test is a preliminary breath test used by a police officer prior to the defendant being arrested for driving under the influence of alcohol.
People v. Kotlinski: Courts Can Rule on Merits of Petition to Rescind Statutory Summary Suspension Before Confirmation By Brian Smith August 2024 Further deepening a split between Illinois appellate districts, the Fourth District Appellate Court ruled that trial courts have jurisdiction to rule on the merits of a petition to rescind statutory summary suspension where there is no confirmation from the Secretary of State.
Reasonable Suspicion Can Exist, Even When the Knowledge Leading to the Arrest Is Not Known by the Arresting Officer Until Three Days After the Arrest By J. Brick Van Der Snick August 2024 A summary and analysis of People v. Whiles.
Removing Stubborn Driving Record Items: Failure to Pay Type Action 68s on Abstracts By Jason Wilkins May 2024 Information for attorneys about the process of removing type actions related to non-payment of citations.
Statutory Summary Suspensions/Revocations and Type A Injury Accidents By Larry A. Davis March 2024 One of the more confusing aspects of the statutory summary suspension/revocation scheme in Illinois involves personal injury accidents and, more particularly, those known as Type A personal injury accidents.
What Is the Effect of Section 1286.40 of the Illinois State Police Rules on a DUI Prosecution? By Larry A. Davis March 2024 In People v. Heineman, the Illinois Supreme Court considered a challenge to the conversion factor provided for in section 1286.40 of the Illinois State Police administrative rules in a criminal proceeding when the state sought to establish the defendant's whole blood alcohol concentration based on an emergency room treatment serum blood alcohol test result.
What’s New in Secretary of State Restricted Driving Permits? By Ted Harvatin May 2024 The number one concern of most DUI clients who are not facing significant time in jail is the impact a DUI will have on their driver’s license and driving privileges.