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Table of Contents
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List of Forms by Chapter - Chapter 1 — Illinois DUI Caselaw and Trial Advocacy
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I. Pretrial - [1.1] Introduction
- [1.2] First Contact by Client
- [1.3] Attitude
- Tests
- [1.4] Coordination Tests
- [1.5] Chemical Tests
- [1.6] Statements
- [1.7] Development of Favorable Evidence
- [1.8] Bail
- [1.9] Impoundment of Defendant’s Vehicle
- [1.10] Forfeiture of Defendant’s Vehicle
- [1.11] The First Interview
- [1.12] Obtain Client Information — List of Questions
- [1.13] Establish the Attorney’s Fee
- [1.14] Develop Defenses
- [1.15] Other Considerations
- [1.16] Defense Investigation
- [1.17] Obtain Copies of Reports and Tests; Use of Subpoena Duces Tecum
- [1.18] Obtain a Driving Abstract
- [1.19] File Petition To Rescind
- [1.20] Interview Prosecution Witnesses
- Interview Defense Witnesses
- [1.21] Witnesses Concerning Issues of Sobriety and Driving Ability
- [1.22] Witnesses in Support of Built-In Defenses
- [1.23] Pretrial Motions
- [1.24] Motion for Discovery
- [1.25] Discovery in Ordinance Prosecution
- [1.26] Prosecutor’s Right of Discovery
- [1.27] Sanctions for Failure To Comply with Discovery Request
- [1.28] Sanctions for Failure To Conduct in Camera Review of Subpoenaed Hospital Records
- [1.29] Motion for Bill of Particulars
- [1.30] Motion for Continuance
- [1.31] State’s Motion To Nolle Prosequi
- [1.32] State’s Motion To Strike with Leave To Reinstate
- [1.33] Motion To Dismiss
- [1.34] Speedy Trial
- [1.35] Statute of Limitations
- [1.36] Prosecution Delay
- [1.37] Denial of Due Process — The Lawson Rule
- [1.38] Supreme Court Rules 504 and 505
- [1.39] Time limitations
- [1.40] Right to trial on appearance date
- [1.41] Supreme Court Rule 552
- [1.42] Municipal Attorney’s Authority To Prosecute
- [1.43] Ordinance Defective — Failure To Comply with State Public Policy
- [1.44] Multiple Prosecutions
- [1.45] One Act, One Crime
- [1.46] Motion for Substitution of Judge
- [1.47] Motion for Severance
- [1.48] Motion in Limine
- [1.49] Motion in Limine To Exclude Results of Chemical Tests
- [1.50] Motion in Limine To Exclude Prior Convictions
- [1.51] Invasion of Privacy
- [1.52] Motion To Suppress
- [1.53] What Constitutes Seizure
- [1.54] Obligation of Motorist To Exit Vehicle
- [1.55] Police-Citizen Encounters
- [1.56] Probable Cause for Traffic Stops
- [1.57] Investigatory Stop
- [1.58] Examples of proper investigatory stops
- [1.59] Examples of improper investigatory stops
- [1.60] Credibility of witnesses
- [1.61] Detention and Questioning Following Traffic Stop
- [1.62] Use of Narcotics Detection Dog
- [1.63] Request for Identification from Passenger
- [1.64] Pretextual Stop
- [1.65] Stop Based on Information via Police Radio
- [1.66] Stop Based on Information from Citizen Informant
- [1.67] Probable Cause for DUI Arrest
- [1.68] Entry into Defendant’s Home
- [1.69] Evidence That May Be Suppressed
- [1.70] Use of Roadblocks
- [1.71] Search of Auto
- [1.72] Search of Passenger
- [1.73] Suppression Based on Miranda
- Evidence Subject to Miranda
- [1.74] Breath, blood, alphabet, and coordination tests
- [1.75] Audio/video evidence
- [1.76] Evidence of refusal
- [1.77] Custodial Interrogation
- [1.78] On-the-scene questioning
- [1.79] Questioning in a police squad car
- [1.80] Questioning at a hospital
- [1.81] Questioning at a defendant’s home
- [1.82] Questioning at a police station
- [1.83] Suppression Based on Sixth Amendment Right to Counsel
- [1.84] Suppression Based on Failure of Prosecution To Preserve Evidence
- [1.85] Preservation of Breath Sample
- [1.86] Preservation of Blood Sample
- [1.87] Suppression Based on Collateral Estoppel
- [1.88] Suppression Based on Officer’s Lack of Authority To Arrest
- Should the Case Be Tried by Jury
- [1.89] Defendant’s Right to a Jury Trial
- [1.90] Defendant’s Right to a Bench Trial
- [1.91] Factors in Determining Whether Case Should Be Tried by Jury
- [1.92] Selecting the Jury
- [1.93] Final Preparation for Trial
- II. Trial
- [1.94] Complaint
- [1.95] Proper Party Plaintiff
- [1.96] Verification of Complaint
- [1.97] Complaints Held Insufficient
- [1.98] Complaints Held Sufficient
- [1.99] Amendment of Complaint or Addition of New Charges
- [1.100] Before trial
- [1.101] During trial
- [1.102] After trial
- Methods of Challenging Complaint
- [1.103] Motion to dismiss the charge
- [1.104] Motion in arrest of judgment
- [1.105] Appeal of conviction
- Elements of the Offense
- [1.106] Vehicle
- [1.107] Place of Violation
- [1.108] Proof of Venue
- [1.109] Prosecution of Juveniles
- [1.110] The Per Se Law
- [1.111] Constitutionality of the Per Se Law
- [1.112] Alternative Count
- [1.113] Intent Not Required
- [1.114] Presumption Issue
- [1.115] Proof of Blood Alcohol Concentration While Driving
- [1.116] Proof Required To Show Defendant Was Under the Influence
- [1.117] Evidence of Refusal To Submit to Testing
- [1.118] Cases Affirming Conviction
- Typical Defenses to the DUI Charge
- [1.119] Injuries sustained by defendant
- [1.120] Disease
- [1.121] Alcohol consumption following accident
- [1.122] Failure to show intoxication at time of driving
- [1.123] Insufficient evidence
- [1.124] Necessity
- [1.125] Compulsion
- [1.126] Entrapment
- Double jeopardy
- [1.127] In general
- [1.128] Summary suspension as a basis for claiming double jeopardy
- [1.129] Collateral estoppel
- [1.130] Judicial estoppel
- [1.131] Compulsory joinder
- [1.132] Insanity
- Other Reasons for Reversal of Conviction
- [1.133] Inconsistent testimony of prosecution witness
- [1.134] Trial court considers improper evidence
- [1.135] Conduct of trial
- [1.136] Right to attorney at trial
- [1.137] Ineffective assistance of trial counsel
- [1.138] Conduct of judge
- [1.139] Increased punishment for exercise of right to trial
- [1.140] Prejudice due to attendance of members of activist groups
- [1.141] Failure to conduct fitness hearing
- [1.142] Conduct of prosecutor
- [1.143] Proof Required To Show Actual Physical Control
- [1.144] Proof Required To Show Driving
- [1.145] Admission of Driving
- [1.146] Corpus Delicti
- [1.147] Circumstantial Evidence of Driving
- [1.148] Cases affirming conviction
- [1.149] Cases reversing conviction
- Chemical Tests
- [1.150] In General
- [1.151] Selection of Type of Test
- [1.152] Right to Independent Test
- [1.153] Tests of Persons Unconscious or Incapable of Refusal
- [1.154] Test of Driver Who Receives a Ticket Following a Collision Involving Death or Injury
- [1.155] Preliminary Breath Tests
- [1.156] Purpose of Preliminary Breath Test
- [1.157] Admissibility of Results of Preliminary Breath Test
- [1.158] Approved Preliminary Breath Test Devices
- [1.159] Evidentiary Chemical Tests
- Preliminary Considerations Regarding Chemical Testing
- [1.160] Probable cause
- [1.161] Arrest
- [1.162] Consent
- [1.163] Warnings
- [1.164] Rules of Illinois State Police Regarding Chemical Tests
- [1.165] When compliance is not required
- [1.166] Reckless homicide cases
- [1.167] Civil cases
- [1.168] Tests taken upon defendant’s request
- [1.169] Hospital blood tests for treatment
- [1.170] When compliance is required
- [1.171] Judicial notice of rules of Illinois State Police
- Sources of error in breath testing
- [1.172] Failure to require duplicate tests
- [1.173] Conversion formula
- [1.174] Delay in testing; retrograde extrapolation
- [1.175] Foundation requirements for breath testing
- [1.176] Operator must be trained and certified
- [1.177] Breath machine must be approved type
- [1.178] Breath machine must be tested for accuracy
- [1.179] Observation requirement
- [1.180] Results must be printed and displayed
- [1.181] Written results must be identified with defendant
- Foundation requirements for blood and urine testing
- [1.182] In general
- [1.183] Blood or urine test conducted upon officer’s request
- [1.184] Caselaw relating to rules
- [1.185] Chain of custody
- [1.186] Medication or treatment prior to test
- [1.187] Use of blood or urine analysis as prima facie evidence
- [1.188] Blood Testing of Person Taken to Hospital for Treatment of Injuries
- [1.189] Compliance with 625 ILCS 5/11-501.2 and Rules of Illinois State Police Is Not Required
- [1.190] Physician-Patient Privilege Does Not Apply; Exceptions to Privilege
- [1.191] Statutory authority for introduction of hospital blood test
- [1.192] Introduction of hospital test result as business record; chain of custody not required
- [1.193] Challenges to hospital serum blood test
- [1.194] Use of expert to introduce extrapolation of test result
- [1.195] Obligation of hospital to disclose test result to police
- [1.196] Out-of-state blood tests
- [1.197] Horizontal Gaze Nystagmus Testing
- [1.198] Field Sobriety Tests
- Evidence
- [1.199] Stipulations
- [1.200] Judicial Notice of Testimony in Other Proceedings
- Direct Examination of Prosecution Witnesses
- [1.201] Use of Reports
- [1.202] Evidence of Chemical Analysis Test
- [1.203] Evidence of Refusal To Submit to Breath Test
- [1.204] Cross-Examination of Arresting Officer
- [1.205] Observations at the Scene
- [1.206] Field Sobriety Tests
- [1.207] Cross-Examination of Complaining Witness
- [1.208] Direct Examination of Defendant
- [1.209] Use of Expert
- [1.210] Video Recordings
- [1.211] Audio Recordings
- [1.212] Driving Under the Influence of Drugs
- [1.213] Confession or Admission
- [1.214] Body Marks Evidencing Drug Use
- [1.215] Search of Defendant or Vehicle
- [1.216] Testimony of Officer Experienced in Drug Recognition
- [1.217] Evidence of Blood or Urine Tests
- [1.218] Driving Under the Combined Influence of Drugs and Alcohol
- [1.219] Driving with a Trace of Marijuana or Controlled Substance
- [1.220] Compassionate Use of Medical Cannabis Pilot Program Act
- [1.221] Alternative Counts
- [1.222] Multiple Convictions
- [1.223] Motion for Finding for Defendant
- [1.224] Instructions to the Jury
- [1.225] Instruction Set No. 1: Prosecution Based on Driving with a Blood Alcohol Concentration of 0.08 or More (625 ILCS 5/11-501(a)(1))
- [1.226] Instruction Set No. 2: Prosecution Based on Driving Under the Influence of Alcohol (625 ILCS 5/11-501(a)(2))
- [1.227] Instruction Set No. 3: Prosecution Based on Driving Under the Influence of Any Intoxicating Compound or Combination of Intoxicating Compounds (625 ILCS 5/11-501(a)(3))
- [1.228] Instruction Set No. 4: Prosecution Based on Driving Under the Influence of Drugs (625 ILCS 5/11-501(a)(4))
- [1.229] Instruction Set No. 5: Prosecution Based on Driving Under the Combined Influence of Alcohol and Drugs or Intoxicating Compounds (625 ILCS 5/11-501(a)(5))
- [1.230] Instruction Set No. 6: Prosecution Based on Driving While There Is Any Amount of a Drug, Substance, or Compound in the Person’s Breath, Blood, or Urine Resulting from the Unlawful Use or Consumption of Cannabis, a Controlled Substance, or an Intoxicating Compound (625 ILCS 5/11-501(a)(6))
- III. Alternatives to Trial
- [1.231] In General
- [1.232] Supervision
- [1.233] Persons Not Eligible for Supervision
- [1.234] Period of Supervision
- [1.235] Conditions of Supervision
- [1.236] Appeal of Supervision
- [1.237] Expungement of Record
- [1.238] Conditional Discharge or Probation
- [1.239] Period of Conditional Discharge or Probation
- [1.240] Conditions of Conditional Discharge or Probation
- [1.241] Use of Ignition Interlock
- [1.242] Violation of Supervision, Conditional Discharge, or Probation
- IV. [1.243] Consequences of DUI Conviction
- Statutory Penalties
- First Conviction
- [1.244] Punishment Provisions
- Factors Enhancing Punishment for a Misdemeanor Conviction
- [1.245] Second conviction within five years
- [1.246] Transporting a person under 16
- [1.247] DUI conviction with a blood alcohol concentration of 0.16 or more
- Felony DUI Offenses
- [1.248] Third or Subsequent Violation of 625 ILCS 5/11-501
- [1.249] Aggravated DUI
- [1.250] DUI While Driving Privileges Are Revoked or Suspended
- [1.251] Other Factors Leading to a Felony DUI Charge
- [1.252] Enhanced Punishment — Prior Conviction
- [1.253] Out-of-State Conviction
- [1.254] Ex Post Facto Considerations
- [1.255] Proof Required of Prior Conviction
- [1.256] License Revocation
- [1.257] First Conviction
- [1.258] Second Conviction
- [1.259] Third Conviction
- [1.260] Fourth Conviction
- [1.261] Failure To Admonish at Prior DUI
- Other Consequences of Conviction
- [1.262] Effect on Civil Proceedings
- [1.263] Deportation
- [1.264] Reimbursement for Court-Appointed Counsel
- Sentencing Hearing
- [1.265] Attorney’s Role in Sentencing
- [1.266] Requirement of Professional Evaluation
- [1.267] Victim Statement
- [1.268] Factors in Aggravation and Mitigation
- [1.269] Considerations in Setting Fine
- [1.270] Considerations in Imposing Incarceration
- [1.271] Credit for Time Already Served
- [1.272] Restitution to Public Agency
- [1.273] Sentence in Absentia
- [1.274] Hearing Procedures on Plea of Guilty
- [1.275] Waiver of Right to Counsel
- [1.276] Admonitions
- [1.277] Admonition Requirements for Immigrant Defendants
- [1.278] Reduction of Sentence
- [1.279] Notice of Appeal
- [1.280] Appeal of Conviction
- V. Appendix — Forms
- [1.281] Legal Services Agreement
- [1.282] Attachment to Subpoena Duces Tecum
- [1.283] Notice of Service of Subpoena Duces Tecum
- [1.284] Motion for Discovery
- [1.285] Petitioner’s Demand for Speedy Trial
- [1.286] Motion for Substitution of Judge
- [1.287] Motion in Limine
- [1.288] Motion in Limine To Strike Prior Conviction
- [1.289] Motion To Suppress Evidence
- [1.290] Letter to Client Regarding Disposition of Charge and Conditions of Supervision
- [1.291] Motion for Sanctions
- [1.292] Motion for Discovery Sanctions
- Chapter 2 — Illinois Summary Suspension Caselaw and Trial Advocacy
- I. Implied Consent
- [2.1] Introduction
- [2.2] Independent of DUI Charge
- [2.3] Purpose of Legislation
- [2.4] Confidentiality of License Suspension Following Restoration
- [2.5] Interpretation of Summary Suspension
- [2.6] Protection of Constitutional Rights
- [2.7] Constitutional Challenges
- [2.8] Due Process
- [2.9] Equal Protection
- [2.10] Separation of Powers
- [2.11] Vagueness
- [2.12] Illinois Statutory Summary Suspension Law
- [2.13] Period of Summary Suspension
- [2.14] Right to Judicial Hearing
- [2.15] Suspension for Out-of-State Refusal
- [2.16] Tests of Unconscious Persons
- [2.17] Types of Tests Authorized
- [2.18] Law Enforcement Agency To Designate Tests
- [2.19] Arresting Officer To Select Type of Test
- [2.20] Authority of Officer To Travel to Adjoining State To Obtain Blood Test Results
- [2.21] Obligation To Take Multiple Tests
- [2.22] Consultation with Attorney
- [2.23] No Constitutional Right When Requested To Submit to Chemical Test
- [2.24] No Statutory Right When Requested To Submit to Chemical Test
- Procedures To Be Followed
- [2.25] Oral Warnings Are Required
- [2.26] Miranda Warnings Are Not Required
- [2.27] License Confiscation with Receipt
- [2.28] Sworn Report of Officer
- [2.29] Notice of Suspension to Motorist
- [2.30] Confirmation of Suspension
- [2.31] Notice of Right to Judicial Hearing
- [2.32] Effective Date of Suspension
- [2.33] Length of Suspension
- [2.34] “First Offender” Defined
- [2.35] Refusal To Submit to Test
- [2.36] Test Failure
- [2.37] Reinstatement Following Suspension
- II. Judicial Hearing on Petition To Rescind
- Request for Hearing on Petition To Rescind
- [2.38] Form of Request
- [2.39] Time of Filing Petition
- [2.40] Place of Filing
- [2.41] Notice on Prosecutor
- [2.42] Contents of Request
- [2.43] Date of Judicial Hearing
- [2.44] Right of Discovery
- [2.45] Use of Request To Admit
- [2.46] Use of Subpoena Duces Tecum
- [2.47] Sanctions for Failure To Provide Discovery
- Conduct of Hearing
- [2.48] In General
- [2.49] Proper Party To Prosecute
- [2.50] Jurisdiction of the Court
- [2.51] No Right to Jury Trial, Counsel, or Court Reporter
- [2.52] No Fifth Amendment Right Against Self-Incrimination
- [2.53] Judge Should Not Become Advocate
- [2.54] Separate Hearing
- [2.55] Delay in Conducting Hearing
- [2.56] Standard of Proof
- [2.57] Burden of Proof
- [2.58] Prima Facie Case Required To Shift Burden
- [2.59] State’s Motion for Finding for the State
- [2.60] State’s Burden of Proof
- [2.61] State’s Motion for Continuance
- [2.62] Use of Officer’s Reports
- [2.63] Right To Subpoena Officer
- [2.64] Officer’s Failure To Appear
- [2.65] Examination of Officer or Defendant as Adverse Witness
- [2.66] Cross-Examination of Officer
- Issues at Hearing To Rescind
- [2.67] In General
- [2.68] Requirement of Arrest
- [2.69] Arrest Outside Officer’s Jurisdiction
- [2.70] Issuance of Ticket for DUI
- [2.71] Proof of Identity of Motorist
- [2.72] Reasonable Grounds
- [2.73] Reasonable Grounds for Traffic Stop Not Found
- [2.74] Reasonable Grounds for Traffic Stop Shown
- [2.75] Probable Cause for DUI Arrest
- [2.76] Informant’s Tip
- [2.77] Use of Preliminary Breath Test
- [2.78] Collateral Estoppel
- [2.79] Judicial Estoppel
- [2.80] Proof of Driving or Actual Physical Control
- [2.81] Place of Driving or Actual Physical Control
- [2.82] Warnings and Requests
- [2.83] Time of Request
- [2.84] Ability To Understand Warnings
- [2.85] Confusion due to intoxication
- [2.86] Confusion due to injury or illness
- [2.87] Miranda warnings unnecessary
- [2.88] Inability to understand language
- [2.89] Misunderstanding of law
- [2.90] Wording of request to submit
- [2.91] Refusal To Submit to Test
- [2.92] Oral Statements of Motorist
- [2.93] Malfunction of Breath Machine
- [2.94] Physical Inability To Perform Test
- [2.95] Disobedience of Officer’s Instructions
- [2.96] Attempts To Impose Conditions
- [2.97] Change of Mind
- [2.98] Advice of Attorney
- [2.99] Other Reasons for Refusal
- [2.100] Alcohol Concentration of 0.08 or More
- [2.101] Establishing a Prima Facie Case of Inaccurate Test Results
- [2.102] State’s Foundation Requirement for Breath Test
- [2.103] Margin of Error
- [2.104] Delay in Testing
- [2.105] Use of Officer’s Reports
- [2.106] Foundation Requirement for Blood Test
- [2.107] State’s Foundation Requirement To Show Disclosure of Cannabis, Controlled Substance, or Intoxicating Compound
- [2.108] Sworn Statement of Officer
- [2.109] Contents of Officer’s Report
- [2.110] Receipt To Drive
- [2.111] Swearing of Officer’s Report
- [2.112] Amendment of or Swearing to Report at Hearing
- Decision of Court
- [2.113] In General
- [2.114] Retroactivity of Rescission
- [2.115] Court May Not Exercise Lenity
- [2.116] Award of Fees as Sanction for False or Frivolous Filings
- [2.117] Review of Court Decision
- [2.118] Standing To Appeal
- [2.119] Stay Pending Appeal
- III. Monitoring Device Driving Permit
- [2.120] In General
- [2.121] Monitoring Device Driving Permit Safeguards
- [2.122] Non-First Offenders Not Eligible
- [2.123] Motorists Without Valid Driving Privileges
- [2.124] Motorists Convicted of Reckless Homicide
- [2.125] Motorists Without a Valid License
- [2.126] Persons Under 18
- [2.127] Procedure To Be Followed
- [2.128] Verify Eligibility
- [2.129] Opt Out of Monitoring Device Driving Permit
- [2.130] Issuance of Monitoring Device Driving Permit
- [2.131] Confidentiality of Monitoring Device Driving Permit
- [2.132] Establishment of Monitoring Device Driving Permit Fee; Indigent Offender
- [2.133] Establishment of Rules Pertaining to Ignition Interlock Device
- [2.134] Cancellation of Monitoring Device Driving Permit
- [2.135] Employer-Owned Vehicles
- [2.136] Restricted Driving Permit
- IV. Implied Consent of Drivers Issued Tickets for Traffic Violations Who Are Involved in Personal Injury or Fatal Vehicle Crashes
- V. The Illinois Zero-Tolerance Law
- [2.143] Overview
- [2.144] Constitutional Issues
- [2.145] Period of Suspension
- [2.146] Warnings
- [2.147] Confidentiality of License Suspension
- [2.148] Test Results Are Inadmissible in Any Criminal or Civil Proceeding
- [2.149] Right to Administrative Hearing To Rescind Suspension
- [2.150] Scope of Hearing
- [2.151] Burden of Proof
- [2.152] Issues
- [2.153] Date of Hearing
- [2.154] Conduct of Hearing
- [2.155] Collateral Estoppel
- Procedures To Be Followed
- [2.156] Oral Warnings Are Required
- [2.157] Sworn Report of Officer
- [2.158] Notice of Suspension on Motorist
- [2.159] Confirmation of Suspension
- [2.160] Notice of Right to Administrative Hearing
- [2.161] Use of Officer’s Report
- [2.162] Reinstatement Fee
- [2.163] Restricted Driving Permit
- [2.164] Need To Complete Alcohol/Drug Education Awareness Program
- [2.165] Evaluation Required
- [2.166] Purpose for Which Restricted Driving Permit May Be Issued
- [2.167] Hard Suspension
- [2.168] Location of Hearing for Restricted Driving Permit
- [2.169] Mandatory Suspension of Driver’s License for Underage Consumption of Alcohol
- [2.170] Implied Consent in Personal Injury or Fatal Boating Accidents
- [2.171] Compassionate Use of Medical Cannabis Pilot Program Act
- VI. Appendix
- Forms Relating to Statutory Summary Suspension
- [2.172] Sample Law Enforcement Sworn Report, Warning to Motorist, Notice of Summary Suspension/Revocation, Notice to the Secretary of State of Hearing Disposition
- [2.173] Petition To Rescind Statutory Summary Suspension
- [2.174] Notice of Filing
- [2.175] Consent for Release of Information
- [2.176] Form Relating to Motorists Under 21 — Request for Zero-Tolerance Alcohol/Drug Education and Awareness Program
Authors
- Edward M. Maloney
Edward M. Maloney
Edward M. Maloney is a Cook County Judge assigned to the First Municipal District, presiding over preliminary hearings, misdemeanor/felony trials. Previously, he was a Partner in Ahern Maloney & Moran LLC in Skokie, where he concentrated his practice in criminal defense with an emphasis on DUI, traffic matters, and representing petitioners before the Office of the Secretary of State. He is Past Chair of the ISBA Traffic Laws and Courts Section and of the Chicago Bar Association Traffic Law Seminar and former Coeditor of the ISBA Traffic Law Newsletter. Judge Maloney served on the committee that drafted the MDDP law, has testified in Springfield before both the House and Senate on traffic law legislation, and has participated in bar-sponsored programs since 1985. Judge Maloney received his undergraduate degree from St. Norbert College and his J.D. from The John Marshall Law School.
- Thomas M. Moran
Thomas M. Moran
Thomas M. Moran is a Partner at Ahern & Moran with offices in Palatine, where he specializes in DUI defense. He served on a felony jury trial team as an assistant prosecutor in Hudson County, New Jersey, before joining the Cook County State’s Attorney’s Office in 1994. He has been a member of his current firm for over 25 years. Mr. Moran is a coauthor and coeditor of JAMES J. AHERN ON DUI CASELAW (IICLE®, 2016). He is a Chair of the Traffic/Criminal Law Committee of the Northwest Suburban Bar Association. He also serves as Chair for the Illinois State Bar Association’s Traffic Courts Section Council. He was on the Executive Committee for the Illinois Traffic Conference, which was held annually in Peoria. Mr. Moran has been a featured speaker at the Northwestern University Traffic Institute, the Illinois State Bar Association, the Chicago Bar Association, the Northwest Suburban Bar Association, Mothers Against Drunk Driving, the Alliance Against Intoxicated Motorists, the South Suburban Bar Association, IICLE®, and the Illinois Traffic Court Conference. He was an adjunct professor at Harper College for 10 years, teaching Criminal Law, Legal Writing, Probate, and Contracts. He is a graduate of Marquette University and Valparaiso University School of Law. He is married and has five children.
James J. Ahern on DUI Caselaw 2016 Edition
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