Can a person be charged with DUI even if his blood alcohol content is below .059 and thus below the legal limit, but on the contention of the police officer that the defendant had shown evidence of intoxication and impairment. In People v. Phillips, the 1st District Appellate Court here in Illinois was tasked with […]
Based on secretary of state regulations if you have a commercial drivers license and are pulled over and issued a ticket, if you plead guilty and receive supervision the Secretary of State, for purposes of your driving record, does not recognize the supervision. The secretary of state will consider the disposition of the case as […]
In this recent U.S. Supreme Court decision it would seem that the bar was lowered somewhat for police officers as to their knowledge of the law utilized as the basis of a traffic stop. In this case the office pulled over two defendants for driving within only one functional brake light. As a result of […]
In a recent decision the Illinois Supreme Court addressed the issue whether a trial court’s decision to rescind the statutory summary suspension attendant to a DUI traffic arrest was prospective or retroactive. In People v. Elliott, 2014 IL 115308, the Court determined that based on statutory construction of the phrase “rescind” a trial court’s determination […]
Hard to imagine that boating can be a topic for our blog in light of the cold weather outside but legislation never sleeps. Thus under Public Act 098-0103, and effective January 1, 2014 any person operating or having physical control of a motorboat in Illinois who is involved in a personal injury or boating accident […]
Effective August 24, 2013, vehicle drivers in Illinois may provide evidence of insurance by way of a mobile electronic device in lieu of a paper insurance card (i.e. snapshot of your insurance card or declaration page on your cellphone, tablet, etc.). Senate Bill 1775 and House Bill 3139.
Effective January 1, 2014 the use of electronic devices while operating a vehicle on Illinois roads is banned. Public Act 98-0506 expands the scope of the ban on use of cell phones, tablets and other electronic devices for purposes of sending text messages to include the telephone functional. Effective midnight January 1, 2014 make sure […]
This week Illinois legislators passed a measure that would create a drivers license program for illegal immigrants. Illinois is the fourth state in the nation with such a program. The Secretary of State has ten months to complete the creation of any necessary administrative measures to commence the issuance of licenses to drivers.