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List of Forms by Chapter - Chapter 1 — Search-and-Seizure Issues in DUI Cases
- I. [1.1] Introduction
-
II. Where To Begin - [1.2] The Client Interview
- [1.3] Review of Traffic Citations Issued
- [1.4] Review of Notice of Statutory Summary Suspension
- [1.5] Review of the Police Report and Written Statements
- [1.6] Review of the Police Radio Log
- [1.7] Review of Police Dispatcher/911 Call Recordings
- [1.8] Review of the Squad Car Recordings
- [1.9] Review of Booking Room Recordings
- [1.10] Inspection of the Scene of the Traffic Stop
- [1.11] Determining the Type of Police-Citizen Encounter Involved
- III. [1.12] Survey of Caselaw and Discussion
- Third-Party Witness Call-In Cases
- Uncorroborated Phone Tip Permissible To Justify Terry Stop
- [1.13] Navarette v. California
- [1.14] People v. Shafer
- [1.15] Analysis
- Uncorroborated Phone Tip Impermissible To Justify Terry Stop
- [1.16] Lake Forest v. Dugan
- [1.17] Analysis
- Improper Lane Usage Cases
- [1.18] People v. Hackett
- [1.19] People v. Smith
- [1.20] People v. Greco
- [1.21] People v. Scott
- [1.22] People v. Maberry
- [1.23] The Impact of the Caselaw
- [1.24] Obstructed Windshield Cases
- [1.25] People v. Price
- [1.26] People v. Mott
- [1.27] People v. Johnson
- [1.28] Arizona v. Gant and Search-Incident-to-Arrest Doctrine
- [1.29] Birchfield v. North Dakota; Warrantless Blood Alcohol Tests Prohibited; Warrantless Breath Tests Permissible Under Constitution
- Chapter 2 — Field Sobriety Testing
- I. Introduction
- [2.1] Scope of Chapter
- [2.2] History and Development of Standardized Field Sobriety Tests
- Specific Issues in Field Sobriety Testing
- [2.3] Odor of Alcohol
- [2.4] Field Sobriety Test Constitutes a “Search” Within the Meaning of the Fourth Amendment
- [2.5] Dilated Pupils and Alcohol
- [2.6] Flushed or Red Face or Bloodshot Eyes and Alcohol
- [2.7] Refusing Field Sobriety Testing Generally
- [2.8] Preliminary Breath Testing Evidence
- [2.9] Passive Alcohol Sensors
- II. [2.10] National Highway Traffic Safety Administration Standardized Field Sobriety Test Battery
- [2.11] Horizontal Gaze Nystagmus Test
- [2.12] Causes of Exaggerated Nystagmus
- [2.13] Procedures for the Horizontal Gaze Nystagmus Test
- [2.14] Scoring and Interpretation of the Horizontal Gaze Nystagmus Test
- [2.15] Vertical Nystagmus
- Walk-and-Turn Test
- [2.16] Procedures for the Walk-and-Turn Test
- [2.17] Scoring and Interpretation of the Walk-and-Turn Test
- [2.18] Test Conditions for the Walk-and-Turn Test
- One-Leg Stand Test
- [2.19] Procedures for the One-Leg Stand Test
- [2.20] Scoring and Interpretation of the One-Leg Stand Test
- [2.21] Test Conditions for the One-Leg Stand Test
- III. [2.22] Scientific Criticisms of the Standardized Field Sobriety Tests
- IV. [2.23] Nonvalidated Sobriety Tests
- V. Legal Challenges to Admissibility of Field Sobriety Tests
- VI. [2.26] Cross-Examination of the Proponent of Field Sobriety Tests
- VII. [2.27] Conclusion
- Chapter 3 — Breath Alcohol Testing
- I. [3.1] Overview
- II. [3.2] Instruments in Illinois
- III. [3.8] Instrument vs. Machine
- IV. [3.9] Infrared and Fuel Cell Breath Alcohol Testing
- V. [3.14] Henry’s Law
- [3.15] 2100:1 and the Law
- [3.16] Wet Bath Alcohol Simulator
- [3.17] Dry Gas Standards
- [3.18] BrAC, BAC, UrAC, and SAC
- [3.19] Slope Detection and the 20-Minute Rule
- [3.20] Lung Capacity vs. Refusal
- [3.21] Asthma Medicine vs. False Positive
- [3.22] Chewing Tobacco
- [3.23] Dentures and Adhesives
- [3.24] High Body and Breath Temperature
- [3.25] Blood in the Mouth
- [3.26] Paint, Solvents, and Contact Cement Exposure
- [3.27] Biotransformation of Acetone to Isopropanol
- [3.28] Condensation and Alcohol
- [3.29] Extrapolation
- [3.30] Gastroesophogeal Reflux Disease
- [3.31] Nasal Spray and Breath Testing Reliability
- [3.32] Tyndall Effect
- VI. [3.33] Constructing a Timeline
- VII. [3.34] Documents and Material for Review
- VIII. [3.35] Site Inspection
- IX. [3.38] Replicate Testing
- X. [3.39] Conclusion
- XI. [3.40] Appendix — References
- Chapter 4 — Discovery and Pretrial Motions in DUI Cases: An Annotation of Illinois Chemical Test Regulations
- I. [4.1] Introduction
- II. [4.2] Discovery of Relevant Information
- III. [4.7] Chemical Tests in General
- IV. Foundation Requirements for Chemical Tests for Intoxication
- [4.8] An Annotation of Chemical Test Regulations
- [4.9] Police Officer’s Presence: 20 Ill.Admin. Code §1286.320(a)
- [4.10] Who Can Draw Blood? 20 Ill.Admin. Code §1286.320(b)
- [4.11] Chain of Evidence of Blood and Urine Samples — Issues Regarding the Integrity of Samples: 20 Ill.Admin. Code §1286.320
- [4.12] Delay in Delivery of Blood Test to Lab for Analysis: 20 Ill.Admin. Code §1286.320(f) — As Soon as Practicable
- V. [4.13] Foundation Requirements for Evidentiary Breath Test for Intoxication
- [4.14] Judicial Notice
- [4.15] Industrial Tolerance of 0.01 Percent
- [4.16] Proof of the Breath Sample
- [4.17] Operator’s Certification: 20 Ill.Admin. Code §§1286.100 – 1286.120
- [4.18] Breath Test Machine’s Certification and the Recording of Breath Test Information: 20 Ill.Admin. Code §1286.230
- [4.19] Requirement That the Defendant Be Continuously Observed for at Least 20 Minutes Prior to the Test: 20 Ill.Admin. Code §1286.310
- [4.20] Substances in the Mouth; Gastroesophageal Reflux Disorder: 20 Ill.Admin. Code §1286.310(a)
- [4.21] Written Results Must Be Identified with Defendant
- [4.22] Delay in Testing
- [4.23] Adequate Sample
- VI. [4.24] Portable Breath Testing Devices: 20 Ill.Admin. Code §§1286.240 – 1286.260
- VII. [4.25] Expert Witnesses
- VIII. [4.26] Motion in Limine
- IX. Appendix — Forms
- [4.27] Request for Hearing To Rescind Summary Suspension
- [4.28] Motion for Discovery
- [4.29] Motion for Production of Discovery Concerning Breath Test Pursuant to 625 ILCS 5/11-501.2(a)4
- [4.30] Motion for Production Regarding Portable Breath Testing Device Pursuant to 625 ILCS 5/11-501.2(a)4
- [4.31] Motion for Production of Discovery Concerning Blood or Other Bodily Substance Sample Pursuant to 625 ILCS 5/11-501.2(a)4
- [4.32] Motion for Production of Discovery Concerning Urine Sample Pursuant to 625 ILCS 5/11-501.2(a)4
- [4.33] Motion To Suppress Statements
- [4.34] Motion for Production Regarding Police Roadblock/Roadside Safety Check
- [4.35] Motion To Bar Evidence Due to the Prosecutor’s Failure To Comply with Discovery
- [4.36] Motion for Production of Felony Review Materials
- [4.37] Motion To Exclude Defendant’s Statements and Any Use of or Reference to Field Tests or Alleged Intoxication
- [4.38] Motion To Compel Production of Exculpatory Material Pursuant to Supreme Court Rule 412(c) or in the Alternative for Other Relief
- [4.39] Motion To Exclude Testimony and for Other Relief
- [4.40] Motion for Hearing To Determine Fitness Pursuant to 725 ILCS 5/104-10
- [4.41] Demand for Trial
- [4.42] Motion in Limine To Exclude from Trial Any Reference to or Use of the Defendant’s Prior Criminal Record
- [4.43] Motion for Substitution of Judge
- [4.44] Motion To Withdraw
- [4.45] Motion for Order of Severance from Trial of Codefendants
- [4.46] Motion for Behavioral Clinical Examination for Fitness Pursuant to 725 ILCS 5/104-11
- [4.47] Motion for the Sequestration, Preservation, and Production of Police Video Recordings and Police Radio Transmission Communications Recordings
- [4.48] Petition To Rescind Summary Suspension
- [4.49] Motion To Quash Arrest and Suppress Evidence
- [4.50] Subpoena Duces Tecum for Breathalyzer Information
- [4.51] Protective Order To Accompany Subpoena for Breathalyzer Information
- Chapter 5 — Alcohol/Drug Evaluation Standards, Procedures, and Programs
- I. Introduction
- II. DUI Evaluations — The Purpose, the Law, and the Program
- III. Standard Evaluation Procedures
- [5.10] Scheduling and Preparing for the Evaluation
- The Evaluation Process
- [5.11] Preliminary Matters — Informed Consent
- [5.12] Gathering Evaluation Data
- [5.13] The Central States Institute of Addiction/Alcohol and Drug Evaluation Services Evaluation Model
- [5.14] Assignment of Risk — Classification and Recommended Intervention
- [5.15] Minimal Risk
- [5.16] Moderate Risk
- [5.17] Significant Risk
- [5.18] High Risk
- The Final Steps
- [5.19] Recommendations and Referrals
- [5.20] Closing Procedures
- [5.21] Reviewing the Evaluation Report
- [5.22] Failure To Complete/Sign the Evaluation
- IV. Standard Intervention Recommendations and Procedures
- [5.23] The Intervention Option and Recommended Interventions
- [5.24] Minimal Risk
- [5.25] Moderate Risk
- [5.26] Significant Risk and High Risk
- [5.27] The DUI Monitoring Process — Cook County Standard
- [5.28] Minimal Risk and Moderate Risk
- [5.29] Significant Risk and High Risk
- [5.30] Successful Completion of Conditions
- [5.31] Failure To Complete Court-Ordered Conditions
- V. Related Concerns
- VI. Appendix
- [5.40] Central States Institute of Addiction/Alcohol and Drug Evaluation Services District Office Directory
- [5.41] Central States Institute of Addiction/Alcohol and Drug Evaluation Services DUI Evaluation Appointments
- [5.42] Other Resource Contacts
- Sample Division of Alcoholism and Substance Abuse Forms
- [5.43] Sample Informed Consent Release
- [5.44] Sample Referral List Verification
- [5.45] Twentieth Circuit Court General Administrative Order No. 02-28
- [5.46] Alcohol and Drug Evaluation Uniform Report
- Chapter 6 — Aggravated DUI
- I. [6.1] Scope of Chapter
- II. Aggravated DUI
- [6.2] Felony Enhancers
- [6.3] Prior Violations for DUI
- [6.4] Licensure Offenses During Driver’s License Suspensions or Revocations
- [6.5] Motor Vehicle Accident
- [6.6] Motor Vehicle, Snowmobile, All-Terrain Vehicle, or Watercraft Accident
- [6.7] Motor Vehicle Accident in School Zone
- [6.8] Motor Vehicle Accident and Harm to Child Under 16
- [6.9] Prior Conviction for Reckless Homicide
- [6.10] Transportation of Persons Under 16 During the Time of the Violation
- [6.11] Driving a School Bus with One or More Passengers
- [6.12] No Valid Driver’s License, Permit, Restricted Driving Permit, or Judicial Driving Permit
- [6.13] No Valid Insurance
- [6.14] Proportionality Challenges
- Related Charges
- [6.15] Felony Driving While License Suspended or Driving While License Revoked
- [6.16] Enhancers for Felony Driving While License Suspended or Driving While License Revoked
- [6.17] Reckless Homicide
- III. Preliminary Court Issues
- IV. Client Interview
- V. Pretrial Motions
- [6.22] Motion for Discovery
- [6.23] Petition To Rescind Statutory Summary Suspension
- [6.24] Motion To Suppress Statements
- [6.25] Motion To Suppress Evidence
- [6.26] Illegal Stop
- [6.27] Community Caretaking
- [6.28] Traffic Violation
- [6.29] 911 Call
- [6.30] Roadside Safety Check
- [6.31] Basis of Police Officer’s Arrest
- [6.32] Improper Breath, Blood, or Urine Collection
- [6.33] Interlocutory Appeal for Motions To Quash Arrest and Suppress Evidence
- [6.34] Motion in Limine
- [6.35] Double Jeopardy
- VI. Charging Instrument
- VII. Trial
- [6.39] Voir Dire
- [6.40] Defenses
- [6.41] Felony DUI
- [6.42] Defendant Not Under the Influence
- [6.43] Defendant Not Driving
- [6.44] Defenses to Enhancements
- [6.45] Felony Driving While License Suspended or Driving While License Revoked
- [6.46] Entrapment
- [6.47] Necessity
- [6.48] Reckless Homicide
- [6.49] Recklessness
- [6.50] Causation
- [6.51] Evidentiary Concerns
- [6.52] Expert Witnesses
- [6.53] Physicians
- [6.54] Health Insurance Portability and Accountability Act
- [6.55] Phlebotomists
- [6.56] Accident Reconstruction Expert
- [6.57] Admissibility of Blood, Breath, and Urine Tests
- [6.58] Jury Instructions for Aggravated DUI
- [6.59] Felony Driving While License Suspended or Driving While License Revoked
- [6.60] Reckless Homicide
- [6.61] Verdict Form
- VIII. [6.62] Sentencing
- IX. [6.70] Civil Repercussions
- Driver’s License Revocation
- [6.71] Reckless Homicide
- [6.72] Felony DUI
- [6.73] Felony Driving While License Suspended or Driving While License Revoked
- [6.74] Guilty Pleas
- [6.75] Willful and Wanton vs. Negligence
- [6.76] Effect of Aggravated DUI on Immigration
- Seizure and Forfeiture
- [6.77] Generally
- [6.78] Procedures
- X. Appendix — Forms
- Chapter 7 — Representing the Revoked or Suspended Driver Before the Office of the Secretary of State
- I. [7.1] Scope of Chapter
- II. Overview of the Administrative Hearing Process
- III. Prehearing Considerations
- Initial Interview of Client
- [7.10] Review of Client’s Driving Abstract
- [7.11] Information To Be Obtained from Client
- [7.12] Solutions Avoiding Need for a Hearing
- Determining When a Hearing Is Required
- [7.13] When a Hearing Is Required
- [7.14] Out-of-State DUI Sanctions
- Exceptions to Requirement of Hearing
- [7.15] Out-of-State Petitioners — Nonresidents Not Licensed in Illinois at Time of Offense Leading to Revocation
- [7.16] Out-of-State Petitioners — 15-Year Rule
- [7.17] Certain Moving Violation Suspensions
- [7.18] Types of Hearings
- [7.19] Formal Hearings
- [7.20] Continuances, Withdrawals, and Defaults
- [7.21] Informal Hearings
- [7.22] Hearings for Out-of-State Residents
- [7.23] Hearings for Illinois Residents with Out-of-State Revocations
- [7.24] Types of Relief Available After Suspension or Revocation
- [7.25] Restricted Driving Permits
- [7.26] Generally
- [7.27] Application for Restricted Driving Permit After Multiple Convictions for Certain Offenses
- [7.28] Persons with a Second or Subsequent DUI — RDP Required — Five-Year Rule Lifetime Revocations
- [7.29] Generally
- [7.30] Illinois residents
- [7.31] Non-Illinois residents
- [7.32] Persons Required To Install a Breath Alcohol Ignition Interlock Device
- Rules Governing Installation and Use of the Breath Alcohol Ignition Interlock Device While on a Restricted Driving Permit
- [7.33] Generally
- [7.34] Responsibilities while driving with a breath alcohol ignition interlock device
- [7.35] Monitor reports constituting a potential breath alcohol ignition interlock device violation
- [7.36] Procedure upon notice of potential breath alcohol ignition interlock device violation to driver
- [7.37] Sanctions
- [7.38] Hearings to contest restricted breath alcohol ignition interlock device cancellation
- Eligibility for Persons Under 21 Whose Licenses Are Revoked Based on a Conviction for DUI
- [7.39] One DUI conviction
- [7.40] Persons under the age of 16
- [7.41] Eligibility for Persons with Statutory Summary Suspensions
- [7.42] Suspensions for Which Restricted Driving Permits May Not Be Granted
- Safety responsibility suspensions
- [7.43] Description
- [7.44] Hearings
- [7.45] Methods of compliance
- [7.46] Termination of suspension by affidavit
- [7.47] Financial responsibility suspensions
- Unsatisfied judgment suspensions
- [7.48] Description
- [7.49] Methods of termination
- Failure-to-appear suspensions
- [7.50] Description
- [7.51] Methods of compliance
- Reinstatement
- [7.52] Reinstatement Eligibility for Revoked Licenses of Persons Under 21
- [7.53] Reinstatement Eligibility for Persons with Multiple Offenses of DUI, Leaving the Scene of a Personal-Injury Accident or Accident Involving Death, or Reckless Homicide or a History of Arrests for Driving While License Revoked (Based on a Reckless Homicide Conviction)
- [7.54] Reinstatement Eligibility for Persons Who Have Been Issued a License in a Foreign State That Is a Member of the Driver License Compact
- [7.55] Reinstatement Generally
- [7.56] Rescission/Early Termination/Modification of Revocations/Suspensions
- [7.57] Revocation or Suspension Credit for Out-of-State or Military Offenses
- IV. [7.58] Hearings — Suspension or Revocation Following Accidents Involving Death or Personal Injury
- V. Procedures for Relief Following Suspension or Revocation as a Result of an Alcohol/Drug-Related Offense
- [7.59] Generally
- Preparation of Documentary Evidence
- Risk Education
- [7.60] Generally
- [7.61] Hours, Course Content, and Grading
- [7.62] Failure To Complete
- Alcohol Evaluation
- [7.63] Generally
- [7.64] Classifications
- [7.65] Classification Intervention Recommendations
- [7.66] Failure To Comply with Evaluation Recommendations
- [7.67] Review of Evaluations
- [7.68] Defective Evaluations
- [7.69] Failure To Complete or Submit Evaluation
- Evaluation Requirements and Documentation
- [7.70] Minimal Risk requirements and documentation
- [7.71] Moderate Risk and Significant Risk requirements and documentation
- [7.72] High Risk requirements and documentation
- [7.73] Character Reference Letters and Letters Verifying Drinking Habits/Abstinence — Minimal Risk, Moderate Risk, Significant Risk, and High Risk
- [7.74] Preparation of Testimony
- [7.75] Review of Alcohol Assessment
- [7.76] Testimony as to Undue Hardship
- [7.77] Corroborative Testimony
- The Illinois Zero-Tolerance Law
- [7.78] Generally
- [7.79] Administrative Rules and Regulations
- [7.80] Proof of Religious Exception
- [7.81] Proof of Medication Exception
- [7.82] Restricted Driving Permits
- VI. Representing the Driver Whose License Is Revoked or Suspended as a Result of a Non-Alcohol-Related Offense
- VII. Formal Hearing
- General Considerations
- [7.89] Authority of Hearing Officer
- [7.90] Substitution of Assigned Hearing Officer
- [7.91] Depositions and Interrogatories
- [7.92] Rules of Evidence
- [7.93] List of Witnesses and Bills of Particulars
- [7.94] Inspection of Documents and Interviews of Parties
- [7.95] Admissions
- [7.96] Right To Call Witnesses, Cross-Examine, Subpoena Documents, and Introduce Exhibits
- [7.97] Prehearing Conference
- [7.98] Stipulations and Official Notice
- [7.99] Rights of Parties
- [7.100] Standard and Burden of Proof
- [7.101] Record of Proceedings
- [7.102] Conduct of the Hearing
- [7.103] Opening Statement
- [7.104] Secretary of State’s Offer of Documentary Evidence
- [7.105] Driver’s Prima Facie Case
- [7.106] Cross-Examination and Redirect Examination of Driver
- [7.107] Closing Statements and Close of the Hearing
- VIII. [7.108] The Monitoring Device Driving Permit Law and Applicable Secretary of State Regulations
- [7.109] Highlights/Comparison with Previous Law
- [7.110] Eligibility
- [7.111] Application
- [7.112] Procedure upon Issuance
- [7.113] Declining Issuance of the Monitoring Device Driving Permit
- [7.114] Indigents
- Exceptions to the Breath Alcohol Ignition Interlock Device Requirement
- [7.115] Employment Exemption
- [7.116] Medical Exemption
- [7.117] Farm Exemption
- [7.118] Traffic Violations While Driving on a Monitoring Device Driving Permit or Unauthorized Uninstallation of the Breath Alcohol Ignition Interlock Device
- [7.119] Breath Alcohol Ignition Interlock Device Violations
- Sanctions
- [7.120] Extension of Suspension
- [7.121] Cancellation
- [7.122] Impoundment, Seizure, and Forfeiture
- [7.123] Reciprocity with Other States
- [7.124] Confidentiality
- [7.125] Other Provisions Governing Monitoring Device Driving Permits
- [7.126] Secretary of State Action upon Determination of a Violation
- [7.127] Other Monitoring Device Driving Permit Violations and Sanctions
- [7.128] Hearing To Contest Cancellation of Monitoring Device Driving Permit; Extension of the Summary Suspension or Resuspension
- IX. Administrative Review
- [7.129] Generally
- Preparation and Filing of the Complaint
- [7.130] Time and Place of Filing and Method of Service
- [7.131] Basis of Complaint
- [7.132] Filing of the Answer and Discovery
- [7.133] Hearing on the Complaint
- [7.134] Decision of the Court
- Applicable Caselaw
- [7.135] Discretion Vested in the Secretary of State
- [7.136] Standard on Administrative Review
- [7.137] Review of Findings and Conclusions of Agency
- [7.138] Manifest Weight Test
- [7.139] Standard for Arbitrary and Capricious Determination
- [7.140] Court Bound by Record of Proceedings
- [7.141] Limitation on Modification of Court’s Order
- X. [7.142] Appendix — Sample Form of Complaint for Administrative Review
- Chapter 8 — How To Read an Abstract
- I. Drivers’ Abstracts
- [8.1] Scope of Chapter
- [8.2] Introduction
- [8.3] Legislative History and Developments
- [8.4] Caselaw and Presumption of Accuracy
- [8.5] Definitions and Types of Drivers’ Abstracts
- [8.6] What Information Can Be Obtained
- [8.7] Illinois Freedom of Information Act Issues
- [8.8] Ordering Drivers’ Abstracts
- Reading the Abstract
- [8.9] In General
- Sample Abstracts
- [8.10] Sample Court Purposes Abstract
- [8.11] Sample Internal Abstract
- [8.12] Personally Identifying Information
- [8.13] Type Actions
- [8.14] Arrest/Effective/Issue Date
- [8.15] Conviction/Termination/Expiration Date
- [8.16] Authority Section
- [8.17] Ticket/Docket Number
- [8.18] Action Reference Information
- [8.19] Court
- [8.20] Stop in Effect
- [8.21] Commercial Driver’s License Record Entries
- II. [8.22] A Note of Caution — Beware the Problem Driver Pointer System
- III. Court Codes
- Chapter 9 — Commercial Driver’s License and Graduated Driver’s License
- I. Commercial Driver’s License
- In General
- [9.1] Scope
- [9.2] Background of the Uniform Commercial Driver’s License Act
- [9.3] Phase-In Period
- [9.4] Importance of the Uniform Commercial Driver’s License Act
- General Provisions
- [9.5] Intent and Purpose of the Uniform Commercial Driver’s License Act
- [9.6] Driver’s License Classification
- [9.7] “Commercial Motor Vehicle” Defined
- [9.8] Exemptions
- [9.9] Seasonal Restricted Commercial Driver’s License
- [9.10] School Bus Driver’s Permit
- [9.11] School Bus Commercial Driver’s License
- [9.12] Employer/Owner Responsibilities
- [9.13] Hazardous Material Endorsement
- Reporting Requirements
- [9.14] Commercial Driver’s License Information System
- [9.15] Other Reporting Requirements
- [9.16] “Conviction” Defined
- Sanctions
- [9.17] Prohibition Against Any Alcohol or Drug in System
- Disqualifications
- [9.18] In General
- [9.19] Alcohol/Drug Violations; Leaving the Scene of an Accident; Committing a Felony
- [9.20] Twelve-month disqualification
- [9.21] Three-year disqualification
- [9.22] Lifetime disqualification
- [9.23] Serious Traffic Violations
- [9.24] Violations of 625 ILCS 5/6-507(b), 5/6-507(b-3), and 5/6-507(b-5)
- [9.25] Offenses at Railroad-Highway Grade Crossings
- [9.26] Driver Determined To Constitute Imminent Hazard
- [9.27] Other Penalties
- Implied Consent
- [9.28] In General
- [9.29] Implied Consent Warnings
- Opportunity for a Hearing
- [9.30] In General
- [9.31] Disqualification Hearings
- [9.32] Out-of-Service Sanction Hearings
- II. Graduated Driver Licensing Program
- In General
- [9.33] Scope
- [9.34] Purpose of the Graduated Driver Licensing Program
- Instruction Permit
- [9.35] Eligible Applicants
- [9.36] Restrictions
- [9.37] Graduated Driver’s License
- [9.38] Eligible Applicants
- [9.39] Prohibited Applicants
- [9.40] Restrictions
- Sanctions
- [9.41] Cancellation
- Suspension and Revocation
- [9.42] Mandatory Revocation
- [9.43] Discretionary Suspension and Revocation
- [9.44] Supervision
- III. [9.45] Secretary of State’s List of Serious Traffic Violations
- Scott F. Anderson
Scott F. Anderson
Scott F. Anderson is a Partner at Massucci, Blomquist, Anderson & Dunn in Arlington Heights, where he focuses on criminal defense. He is a member of the Lake County, Northwest Suburban, and Illinois State Bar Associations. Mr. Anderson received his B.A. from the University of Illinois and his J.D. from Chicago-Kent College of Law.
- Ernest R. Blomquist, III
Ernest R. Blomquist, III
Ernest R. Blomquist, III, is a Senior Partner at Massucci, Blomquist, Anderson & Dunn in Arlington Heights, where he concentrates his practice in criminal litigation and DUI matters. He is a member of the National Association of Criminal Defense Attorneys, a member of the Western Illinois University School of Law Enforcement and Criminal Justice Administration, and a lecturer at the National Judicial College at the University of Nevada, Reno. Mr. Blomquist has been named Illinois Crime Commission Municipal Attorney Man of the Year. He has received the IICLE® Addis Hull Award for Excellence in Continuing Legal Education and the Highest Rating in Legal Ability and Ethical Standards from the Martindale-Hubbell Peer Review. Mr. Blomquist received his B.A. from Western Illinois University, did postgraduate studies at Northeastern Illinois University Daniel L. Goodwin College of Education, and received his J.D. from Chicago-Kent College of Law.
- David J. Corbett
David J. Corbett
David J. Corbett of David J. Corbett, P.C., in Palatine focuses his practice on criminal defense. Mr. Corbett is a member of the Northwest Suburban Bar Association. He received his undergraduate degree from the University of California at Santa Cruz and his J.D. from DePaul University College of Law.
- Larry A. Davis
Larry A. Davis
Larry A. Davis is Principal at The Davis Law Group, P.C., in Northfield, where he concentrates in criminal law, DUI matters, and administrative hearings before the Secretary of State. He is a member of the ISBA Traffic Laws and Courts Section Council and Chair of the Section Council’s Legislative Subcommittee and an ISBA representative to the Illinois Department of Transportation Impaired Driving Task Force. He was a co-drafter of the Illinois summary suspension law and of recent changes to Illinois DUI law and laws governing alcohol/drug-related revoked/suspended drivers. He was the recipient of the ISBA Legislative Support Award for 2017 – 2018. Mr. Davis was previously an attorney with the Illinois Secretary of State, Department of Administrative Hearings. He received his B.A. from Northwestern University and his J.D. cum laude from DePaul University College of Law.
- Kevin J. Doyle, M.A., CARS
Kevin J. Doyle, M.A., CARS
Kevin J. Doyle, M.A., CARS, is the Director of the Central States Institute of Addiction of Catholic Charities of the Archdiocese of Chicago, which provides licensed DUI evaluation services for the Circuit Court of Cook County and the Illinois Secretary of State. Mr. Doyle is certified by the Illinois Alcohol and Other Drug Abuse Professional Certification Association as a Certified Assessment and Referral Specialist. He has presented research and training both nationally and internationally on effective assessment and intervention strategies involving DUI offenders. He served on the Governor’s Alcohol Abuse Task Force and received an award from the Honorable Dorothy Brown, Clerk of the Circuit Court of Cook County, in recognition of Outstanding Contributions to the Tina Ball Memorial DUI Task Force. He received both his B.A. (magna cum laude) and M.A. from Loyola University Chicago.
- Thomas T. Glasgow
Thomas T. Glasgow
Thomas T. Glasgow is Managing Partner at Glasgow & Olsson in Schaumburg, where he concentrates his practice in criminal law. He was the recipient of the Pro Bono Service Award from the Northwest Suburban Bar Association in 2009, was selected as the 2015 IICLE® Programs Volunteer of the Year, and was selected as an Illinois Super Lawyer in 2012, 2013, 2015, 2016, 2017, 2018, 2019, and 2020. Mr. Glasgow received his B.A. from the University of Mississippi and his J.D. with honors from IIT Chicago-Kent College of Law.
- Ronald E. Henson, Ph.D.
Ronald E. Henson, Ph.D.
Ronald E. Henson, Ph.D., is the Founder of and Principal Consultant with Beron Consulting, with offices in Illinois and Florida. Dr. Henson is an independent drug and alcohol testing consultant, providing drug and alcohol testing evaluations, research, and expert testimony. He has been qualified as an expert in field sobriety testing, drug and alcohol testing, physiology, and pharmacology in criminal, civil, and employment law cases across the United States. Dr. Henson has served as a police officer, a police administrator, a police academy instructor supervising the alcohol testing program at the University of Illinois, a college professor at multiple institutions, and a Dean of Criminal Justice and Forensic Sciences. He has served on several advisory and research committees related to law enforcement and drug and alcohol testing using breath, blood, urine, saliva, hair, and field sobriety testing (for both drugs and alcohol). Clients have included Fortune 500 companies, professional athletes (NBA & MLB), dignitaries, employee unions, and government entities. He received his B.S. from the University of Illinois, M.P.A. from Governors State University, and Ph.D. from Walden University.
- Michael Heroldt
Michael Heroldt
Michael Heroldt is Director of Administrative Services, Division of Community Development and Outreach Services, of Catholic Charities of the Archdiocese of Chicago. He is a Certified Alcohol and Drug Counselor and has presented and trained both nationally and internationally on assessment and case management services involving DUI offenders. He has served on local court committees for both traffic safety and domestic violence He earned his B.S. from Loyola University Chicago and his M.A. from Roosevelt University.
- Marc Christopher Loro
Marc Christopher Loro
Marc Christopher Loro is the Senior Legal Advisor in the Department of Administrative Hearings, Office of the Secretary of State, in Springfield, focusing on administrative and traffic law. He writes for both ISBA and IICLE® publications and has been a frequent lecturer at seminars for the ISBA, the Sangamon County Bar Association, the Government Bar Association, and the Illinois Department of Human Services’ Division of Alcoholism and Substance Abuse. Mr. Loro is a member of the Sangamon County and Illinois State Bar Associations, the Government Bar Association, and the Lincoln-Douglas Inn of Court. Mr. Loro received his B.A. with honors from Illinois State University and his J.D. from Washington University School of Law.
- Jay L. Mesi
Jay L. Mesi
Jay L. Mesi is the former Deputy Director, Department of Administrative Hearings, Office of the Secretary of State, in Springfield. He was an Administrative Law Judge for the Illinois Department of Agriculture and a presenter before various groups on a variety of motor vehicle issues. Mr. Mesi served on the Legal Services Committee of the American Association of Motor Vehicle Administrators (national) and has chaired the Legal Services Committee for Region III of AAMVA. He received his B.S. from DePaul University and his J.D. from IIT Chicago-Kent College of Law.
- Stephanie K. Olsson
Stephanie K. Olsson
Stephanie K. Olssonis a Partner at Glasgow & Olsson in Schaumburg, where she concentrates in family law, Secretary of State driver’s license reinstatement, and criminal law. She has been recognized as a Super Lawyers Rising Star in 2018 and 2019 and was among the 2016 Ten Best for Client Satisfaction. Ms. Olsson received her B.A. magna cum laude from the University of Illinois at Chicago and her J.D. from Northern Illinois University College of Law.
- Sarah E. Toney
Sarah E. Toney
Sarah E. Toney is the Owner of The Toney Law Firm, LLC, in Chicago, where she focuses on DUI and criminal defense. Ms. Toney was elected to the Board of Governors of the Illinois State Bar Association, was appointed by Governor Pritzker to the Forensic Science Task Force, and has been the Newsletter Editor of the Traffic Laws and Courts Committee Newsletter for the past 12 years. She was an adjunct professor at Loyola University of Chicago School of Law from 2006 – 2020, and she is a staff member of the Trial Lawyers College. She received her B.A. from Miami University and her J.D from Loyola University Chicago School of Law.
Defending DUI: Practice and Procedure (ARCHIVED 2016 EDITION)
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