Section Newsletters

Articles on Traffic Laws

The saga of admissibility of vehicular post-collision photographs continues By Stephen C. Buser Civil Practice and Procedure, March 2007 The First District Appellate Court decided nearly four years ago in Dicosola v. Bowman, 342 Ill.App. 3d 530, 794 N.E. 2d 875, 276 Ill.Dec.625 (1st Dist. 2003) that vehicular post-collision photographs were not admissible in automobile accident litigation absent expert testimony.
Admonitions in the criminal court: Waiver of Counsel, Jury Demand, and Noncitizen Guilty Pleas By Patrick M. Kinnally Traffic Laws and Courts, January 2007 Whether one agrees with the requirement of advising noncitizens about the immigration consequences relating to a plea of guilty is not the issue, but the law.
Community caretaking: No longer the third tier of police-citizen encounters By Steven J. Block Traffic Laws and Courts, January 2007 In Illinois, the appropriate test in determining whether a seizure has occurred for a person seated in a parked vehicle is well settled.
Recent cases and cases of interest By James J. Ahern & Thomas M. Moran Traffic Laws and Courts, January 2007 Recent cases of interest to traffic lawyers.
Recent traffic cases and cases of interest By James J. Ahern Traffic Laws and Courts, August 2006 Recent cases of interest.
Summary of traffic-related decisions published in the official reports By Hon. Daniel M. Locallo Criminal Justice, June 2006 NOTE: This is the second half of the Traffic Related Decisions Summary.
Summary of traffic-related decisions published in the official reports By Hon. Daniel M. Locallo Traffic Laws and Courts, June 2006 NOTE: This is the second half of the Traffic Related Decisions Summary. The first half appeared in the last edition of the Newsletter.
Summary of traffic-related decisions published in the official reports By Hon. Daniel M. Locallo Traffic Laws and Courts, May 2006 NOTE: This is the first half of the Traffic-Related Decisions Summary. The second half will be published in the next edition of the Newsletter
Summary of traffic-related decisions published in the official reports By Hon. Daniel M. Locallo Criminal Justice, April 2006 NOTE: This is the first half of the Traffic-Related Decisions Summary.
Recent traffic cases and cases of interest By James J. Ahern Traffic Laws and Courts, January 2006 Probable cause exists when the facts known to the officer at the time of the arrest are sufficient to lead a reasonably cautious person to believe that the person arrested has committed a crime.
Recent cases By James J. Ahern & Thomas M. Moran Traffic Laws and Courts, October 2005 Recent traffic cases and cases of interest.
A citizen’s tip is not enough to justify a stop of a motor vehicle without sufficient detail or corroboration By Sean D. Brady Traffic Laws and Courts, December 2004 The Second District Appellate Court recently addressed the issue of a citizen-tip of reckless driving in the case of Village of Mundelein v. Minx, 352 Ill.App.3d 216, 815 N.E.2d 965, 287 Ill. Dec. 321 (2d Dist. 2004).
Terry stops: the riddle of Fourth and Fifth Amendment jurisprudence By Patrick M. Kinnally General Practice, Solo, and Small Firm, September 2004 Benny Bogain has come to see you. Over the years, he has experienced a few problems with local law enforcement officers. A DUI, a battery charge, and most recently a minor ordinance violation for possessing a 12-pack in Lincoln Park.
Gumma v. White-Application of the Doctrine of Collateral Estoppel in summary suspension proceedings By Larry A. Davis Traffic Laws and Courts, April 2004 Since the Supreme Court's decision in People v. Moore, 138 Ill.2d 162, 149 Ill.Dec.278, 561 N.E.2d 648 (1990), the courts have consistently held that the doctrine of collateral estoppel cannot be applied to bar re-litigation of an issue determined at a summary suspension hearing in the subsequent criminal DUI proceeding.
Is the Breathalyzer mouthpiece a foreign substance requiring a new 20-minute observation? Period? By Sean D. Brady Traffic Laws and Courts, April 2004 Is the Breathalyzer mouthpiece a foreign substance requiring a new 20-minute observation period? This issue was addressed in the case of People v. Wilhelm, 803 N.E.2d 1032, 281 Ill.Dec. 411 (2nd Dist. 2004).
Jurisdictional issues involving appeals on motions to suppress- Local prosecutors beware By Michael W. Feetterer Traffic Laws and Courts, April 2004 You are a village prosecutor. It is four o'clock in the afternoon.
Recent cases By Thomas M. Moran & James J. Ahern Traffic Laws and Courts, April 2004 A police officer has authority to stop a vehicle when the driver remains at a standstill for 20 seconds after the traffic control signal turns green. In People v. Kelly, No. #2-02-0274, ___ Ill.App.3d ___, 802 N.E.2d 850, 280 Ill.Dec. 599 (2d Dist. 2003), after the officer observed the defendant's vehicle remain stopped at an intersection for approximately 20 seconds after the light turned green.
People v. Hanna By Edward M. Maloney Traffic Laws and Courts, January 2004 In a blistering rebuff, the Illinois Supreme Court has reversed an Illinois Appellate Court decision that had required the Illinois Department of Public Health to follow its own rules and regulations.
Review of important new traffic laws of the 93rd General Assembly By Edward M. Maloney Traffic Laws and Courts, January 2004 Amends the Illinois Vehicle Code, Increases the penalty for fleeing or attempting to elude a peace officer from a Class A misdemeanor to a Class 4 felony.
The highway commissioner By John W. Foltz Mineral Law, December 2003 On the whole, the powers of the highway commissioner are both broad and wholly discretionary and as many who have practiced in this area have discovered, relatively unfettered.
The highway commissioner By John W. Foltz Agricultural Law, September 2003 The following is condensed from materials presented by John W. Foltz at the ISBA's Agricultural Law Seminar sponsored by the Agricultural Law Section Counsel.
The constitutionality of city ordinances governing administrative adjudication of parking compliance violations: Van Harken v. City of Chicago By Lawrence W. Terrell Traffic Laws and Courts, May 2003 In Van Harken v. City of Chicago 713 N.E. 2d 754, 305 IL. App 3d 972 (IL App. 1 District 1999), the Illinois Appellate Court held that the administrative adjudication scheme established by the City of Chicago does not violate the state constitution.
Driving below the posted speed limit as the basis for stopping a vehicle By J. Brick Van Der Snick Traffic Laws and Courts, May 2003 In an interesting decision (and not uncommon situation confronted by defense counsel) the Second Appellate District has issued a decision in a case where the officer stopped the vehicle for traveling below the posted speed limit. People v. Karen Isaac, 2-01-0660, (filed December 4, 2002).
Recent cases By James J. Ahern Traffic Laws and Courts, May 2003 Three days following the defendant's arrest, he moved the court to preserve all transmissions by the Prospect Heights Police Communications Section for a period of 11/2 hours before his arrest, which occurred at 7:25 p.m. and for 21/2 hours after his arrest.
Second Appellate District holds that the privilege against self-incrimination does not apply to statutory summary suspension hearings—A critique By Larry A. Davis Traffic Laws and Courts, May 2003 In Village of Algonquin v. Tilden, 335 Ill. App. 3d 332, 280 N.E. 2d 832; 269 Ill. Dec. 360 (2nd D, 2002), the Second Appellate District held that a defendant can be compelled to testify as an adverse witness in a hearing conducted pursuant to her petition to rescind a statutory summary suspension without implicating the fifth amendment right against self-incrimination.
A preliminary breath screening test (PBT) is admissible in a hearing in a motion to quash arrest and suppress evidence and in a petition to rescind statutory summary suspension By Sean D. Brady Traffic Laws and Courts, December 2001 The general rule in a driving under the influence of alcohol (DUI) case is that the State cannot admit into evidence the results of a preliminary breath-screening test (PBT) in its case in chief.
“Primary stop” ordinances: home rule power By Lawrence W. Terrell Traffic Laws and Courts, January 2001 According to the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA), seat belts reduce the risk of fatal injury by 45 percent and reduce the risk of serious injury by 50 percent. Nevertheless, nearly one-third of all Americans still do not buckle up.
Driving relief from 11-501.6 and 11-501.8 Summary suspensions By Edward M. Maloney Traffic Laws and Courts, March 2000 Upon the arrest for driving under the influence of alcohol a police officer is required to issue a statutory summary suspension to the arrested motorist.
Second Appellate District rule that unconstitutional roadblocks result from the unbridled discretion of police officers By Larry E. Smith Traffic Laws and Courts, March 2000 Even though the Fourth Amendment of the United States Constitution guarantees citizens the right to be free from unreasonable searches and seizures that result from objective and subjectively intrusive roadblocks, some police agencies continue to exercise unbridled discretion in the implementation of unconstitutional roadblocks under the guise of furthering public safety.
Contesting a suspension for possession or use of a fake driver’s license By Chris E. Freese General Practice, Solo, and Small Firm, August 1999 The Illinois Vehicle Code provides in section 6-206 (a)(10) that: "The Secretary of State is authorized to suspend or revoke the driving privileges of any person without preliminary hearing upon a showing of the person's records or other sufficient evidence that the person has possessed, displayed, or attempted to fraudulently use any license, identification card, or permit not issued to the person."

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