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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
- [1.12] People v. Bozarth: Luedemann Principles Applied Anew
- III. [1.13] Survey of Caselaw and Discussion
- Third-Party Witness Call-In Cases
- Uncorroborated Phone Tip Permissible To Justify Terry Stop
- [1.14] Navarette v. California
- [1.15] People v. Shafer
- [1.16] Analysis
- Uncorroborated Phone Tip Impermissible To Justify Terry Stop
- [1.17] Lake Forest v. Dugan
- [1.18] Analysis
- Improper Lane Usage Cases
- [1.19] People v. Hackett
- [1.20] People v. Smith
- [1.21] People v. Greco
- [1.22] People v. Scott
- [1.23] People v. Maberry
- [1.24] People v. Lubienski
- [1.25] Improper Lane Usage Closely Interpreted
- [1.26] Impact of the Caselaw
- [1.27] Object Hanging from Rear View No Longer Basis for Stop
- [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
- [1.30] Missouri v. McNeely: Search Warrant Required in Routine DUI Cases
- [1.31] Mitchell v. Wisconsin: Warrantless Blood Draw Permissible for Unconscious Driver
- [1.32] People v. Eubanks: Missouri v. McNeeley and Wisconsin v. Mitchell Applied to Illinois
- [1.33] People v. Schantz: Despite Nurse Being Deemed State Actor Implied Consent Doctrine Authorizes Drawing of Samples in Fatal Accident
- [1.34] People v. Deroo: Supreme Court Affirms Appellate Court, Ruling Lab Reports of Hospital Blood Tests Admissible as Business Record Exception to Hearsay Rule
- [1.35] People v. Pratt: Warrantless Blood Draw of Unconscious Defendant at Arresting Officer’s Request Unconstitutional
- [1.36] Village of Lisle v. French: No Interlocutory Appeals if Defense Wins Motion To Quash and Suppress
- [1.37] People v. Bailey: Police Officer’s Taking of Keys Amounted to Warrantless Arrest Without Probable Cause
- [1.38] People v. Tennort: How Court Applies “Reasonable Articulable Suspicion” Under Current DUI Caselaw Analysis
- 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] Marijuana and Field Sobriety Tests
- VIII. [2.28] Conclusion
- Chapter 3 — Breath Alcohol Testing
- I. [3.1] Overview
- II. [3.2] Breath Alcohol Testing Instruments in Illinois
- III. [3.5] Instrument vs. Machine
- IV. [3.6] Infrared and Fuel Cell Breath Alcohol Testing
- V. [3.11] Henry’s Law
- [3.12] 2100:1 and the Law
- [3.13] Wet Bath Alcohol Simulator
- [3.14] Dry Gas Standards
- [3.15] BrAC, BAC, UrAC, and SAC
- [3.16] Slope Detection and the 20-Minute Rule
- [3.17] Lung Capacity vs. Refusal
- [3.18] Asthma Medicine vs. False Positive
- [3.19] Chewing Tobacco
- [3.20] Dentures and Adhesives
- [3.21] High Body and Breath Temperature
- [3.22] Blood in the Mouth
- [3.23] Paint, Solvents, and Contact Cement Exposure
- [3.24] Biotransformation of Acetone to Isopropanol
- [3.25] Condensation and Alcohol
- [3.26] Extrapolation
- [3.27] Gastroesophogeal Reflux Disease (GERD)
- [3.28] Nasal Spray and Breath Testing Reliability
- VI. [3.29] Constructing a Timeline
- VII. [3.30] Documents and Material for Review
- VIII. [3.31] Site Inspection
- IX. [3.34] Replicate Testing
- X. [3.35] Conclusion
- XI. [3.36] Appendix — References
- Chapter 4 — Discovery and Pretrial Motions in DUI Cases
- I. [4.1] Introduction
- II. [4.2] Discovery of Relevant Information/20 Illinois Administrative Code §§1287.10, 1287.20, and 1287.30
- 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] Preliminary Breath Testing Devices: 20 Ill.Admin. Code §§1286.240 – 1286.260
- VII. [4.25] Expert Witnesses
- VIII. [4.26] Motion in Limine
- IX. [4.27] Per Se Driving Under the Influence of Cannabis
- X. Appendix — Forms
- Motions
- [4.28] Request for Hearing To Rescind Summary Suspension (Alcohol)
- [4.29] Petition To Rescind (Cannabis)
- [4.30] Motion for Discovery
- [4.31] Motion for Production of Discovery Concerning Breath Test Pursuant to 625 ILCS 5/11-501.2(a)4
- [4.32] Motion for Production Regarding Preliminary Breath Testing Device Pursuant to 625 ILCS 5/11-501.2(a)4
- [4.33] Motion for Production of Discovery Concerning Blood or Other Bodily Substance Sample Pursuant to 625 ILCS 5/11-501.2(a)4
- [4.34] Motion for Production of Discovery Concerning Urine Sample Pursuant to 625 ILCS 5/11-501.2(a)4
- [4.35] Motion for Production of Materials Pursuant to 20 Ill.Admin. Code §§1287.10, 1287.20, and 1287.30
- [4.36] Motion To Suppress Statements
- [4.37] Motion for Production Regarding Police Roadblock/Roadside Safety Check
- [4.38] Motion To Bar Evidence Due to the Prosecutor’s Failure To Comply with Discovery
- [4.39] Motion for Production of Felony Review Materials
- [4.40] Motion To Exclude Defendant’s Statements and Any Use of or Reference to Field Tests or Alleged Intoxication
- [4.41] Motion To Compel Production of Exculpatory Material Pursuant to Supreme Court Rule 412(c) or in the Alternative for Other Relief
- [4.42] Motion To Exclude Testimony and for Other Relief
- [4.43] Motion for Hearing To Determine Fitness Pursuant to 725 ILCS 5/104-10
- [4.44] Demand for Trial
- [4.45] Motion in Limine To Exclude from Trial Any Reference to or Use of the Defendant’s Prior Criminal Record
- [4.46] Motion for Substitution of Judge
- [4.47] Motion To Withdraw
- [4.48] Motion for Order of Severance from Trial of Codefendants
- [4.49] Motion for Behavioral Clinical Examination for Fitness Pursuant to 725 ILCS 5/104-11
- [4.50] Motion for the Sequestration, Preservation, and Production of Police Video Recordings and Police Radio Transmission Communications Recordings
- [4.51] Petition To Rescind Summary Suspension
- [4.52] Motion To Quash Arrest and Suppress Evidence
- Subpoenaes Duces Tecum
- [4.53] General DUI Subpoena
- [4.54] Officer’s Training Materials
- [4.55] Video Recording Information
- [4.56] Hospital Blood Protocols
- [4.57] General and Limited Rider for Crime Lab Materials
- [4.58] Breathalyzer Information
- [4.59] Protective Order To Accompany Subpoena for Breathalyzer Information
- [4.60] 20 Ill.Admin. Code §1287.30 Obligation To Produce
- 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 Social Service Department 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. [5.40] Appendix — Resource Contacts
- 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] Certain Moving Violation Suspensions
- [7.17] Types of Hearings
- [7.18] Formal Hearings
- [7.19] Continuances, Withdrawals, and Defaults
- [7.20] Informal Hearings
- [7.21] Hearings for Out-of-State Residents
- [7.22] Hearings for Illinois Residents with Out-of-State Revocations
- [7.23] Types of Relief Available After Suspension or Revocation
- [7.24] Restricted Driving Permits
- Types of Restricted Driving Permits
- [7.25] Generally
- [7.26] No hardship required
- [7.27] Probationary restricted driving permit
- [7.28] Breath alcohol ignition interlock device multiple offender restricted driving permit
- [7.29] Hardship required
- [7.30] Standard restricted driving permit
- [7.31] Lifetime restricted driving permit
- [7.32] Generally
- [7.33] Application for Restricted Driving Permit After Multiple Convictions for Certain Offenses
- [7.34] Persons with a Second or Subsequent DUI — RDP Required — Five-Year Rule
- Lifetime Revocations
- [7.35] Generally
- [7.36] Illinois residents
- [7.37] Non-Illinois residents
- [7.38] 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
- [7.39] Generally
- [7.40] Responsibilities while driving with a breath alcohol ignition interlock device
- [7.41] Monitor reports constituting a potential breath alcohol ignition interlock device violation
- [7.42] Procedure upon notice of potential breath alcohol ignition interlock device violation to driver
- [7.43] Sanctions
- [7.44] 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
- [7.45] One DUI conviction
- [7.46] Persons under the age of 16
- [7.47] Eligibility for Persons with Statutory Summary Suspensions/Revocations
- [7.48] Suspensions for Which Restricted Driving Permits May Not Be Granted
- Safety responsibility suspensions
- [7.49] Description
- [7.50] Hearings
- [7.51] Methods of compliance
- [7.52] Termination of suspension by affidavit
- [7.53] Financial responsibility suspensions
- Unsatisfied judgment suspensions
- [7.54] Description
- [7.55] Methods of termination
- Failure-to-appear suspensions
- [7.56] Description
- [7.57] Methods of compliance
- Reinstatement
- [7.58] Reinstatement Eligibility for Revoked Licenses of Persons Under 21
- [7.59] 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)
- [7.60] Reinstatement Eligibility for Persons Who Have Been Issued a License in a Foreign State That Is a Member of the Driver License Compact
- [7.61] Reinstatement Generally
- [7.62] Rescission/Early Termination/Modification of Revocations/Suspensions
- [7.63] Revocation or Suspension Credit for Out-of-State or Military Offenses
- IV. [7.64] 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
- [7.65] Generally
- [7.66] Medical Issues
- [7.67] Opiate Substitution Programs
- [7.68] Medical Cannabis
- [7.69] Prescribed Opiate Medication
- Preparation of Documentary Evidence
- Risk Education
- [7.70] Generally
- [7.71] Hours, Course Content, and Grading
- [7.72] Failure To Complete
- Alcohol Evaluation
- [7.73] Generally
- [7.74] Classifications
- [7.75] Classification Intervention Recommendations
- [7.76] Failure To Comply with Evaluation Recommendations
- [7.77] Review of Evaluations
- [7.78] Defective Evaluations
- [7.79] Failure To Complete or Submit Evaluation
- Evaluation Requirements and Documentation
- [7.80] Minimal Risk requirements and documentation
- [7.81] Moderate Risk and Significant Risk requirements and documentation
- [7.82] High Risk requirements and documentation
- [7.83] Character Reference Letters and Letters Verifying Drinking Habits/Abstinence — Minimal Risk, Moderate Risk, Significant Risk, and High Risk
- [7.84] Review of Testimony
- [7.85] Review of Alcohol Assessment
- [7.86] Testimony as to Undue Hardship
- [7.87] Corroborative Testimony
- The Illinois Zero-Tolerance Law
- [7.88] Generally
- [7.89] Administrative Rules and Regulations
- [7.90] Proof of Religious Exception
- [7.91] Proof of Medication Exception
- [7.92] 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
- [7.99] Authority of Hearing Officer
- [7.100] Substitution of Assigned Hearing Officer
- [7.101] Depositions and Interrogatories
- [7.102] Rules of Evidence
- [7.103] List of Witnesses and Bills of Particulars
- [7.104] Inspection of Documents and Interviews of Parties
- [7.105] Admissions
- [7.106] Right To Call Witnesses, Cross-Examine, Subpoena Documents, and Introduce Exhibits
- [7.107] Prehearing Conference
- [7.108] Stipulations and Official Notice
- [7.109] Rights of Parties
- [7.110] Standard and Burden of Proof
- [7.111] Record of Proceedings
- [7.112] Conduct of the Hearing
- [7.113] Opening Statement
- [7.114] Secretary of State’s Offer of Documentary Evidence
- [7.115] Driver’s Prima Facie Case
- [7.116] Cross-Examination and Redirect Examination of Driver
- [7.117] Closing Statements and Close of the Hearing
- VIII. [7.118] The Monitoring Device Driving Permit Law and Applicable Secretary of State Regulations
- [7.119] Highlights/Comparison with Previous Law
- [7.120] Eligibility
- [7.121] Application
- [7.122] Procedure upon Issuance
- [7.123] Declining Issuance of the Monitoring Device Driving Permit
- [7.124] Indigents
- Exceptions to the Breath Alcohol Ignition Interlock Device Requirement
- [7.125] Employment Exemption
- [7.126] Medical Exemption
- [7.127] Farm Exemption
- [7.128] Traffic Violations While Driving on a Monitoring Device Driving Permit or Unauthorized Uninstallation of the Breath Alcohol Ignition Interlock Device
- [7.129] Breath Alcohol Ignition Interlock Device Violations
- Sanctions
- [7.130] Extension of Suspension
- [7.131] Cancellation
- [7.132] Impoundment, Seizure, and Forfeiture
- [7.133] Reciprocity with Other States
- [7.134] Confidentiality
- [7.135] Other Provisions Governing Monitoring Device Driving Permits
- [7.136] Secretary of State Action upon Determination of a Violation
- [7.137] Other Monitoring Device Driving Permit Violations and Sanctions
- [7.138] Hearing To Contest Cancellation of Monitoring Device Driving Permit; Extension of the Summary Suspension or Resuspension
- IX. Administrative Review
- [7.139] Generally
- Preparation and Filing of the Complaint
- [7.140] Time and Place of Filing and Method of Service
- [7.141] Basis of Complaint
- [7.142] Filing of the Answer and Discovery
- [7.143] Hearing on the Complaint
- [7.144] Decision of the Court
- Applicable Caselaw
- [7.145] Discretion Vested in the Secretary of State
- [7.146] Standard on Administrative Review
- [7.147] Review of Findings and Conclusions of Agency
- [7.148] Manifest Weight Test
- [7.149] Standard for Arbitrary and Capricious Determination
- [7.150] Court Bound by Record of Proceedings
- [7.151] Limitation on Modification of Court’s Order
- X. [7.152] 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] Presumption of Accuracy and Admissibility
- [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
- [8.10] Personally Identifying Information
- [8.11] Type Actions
- [8.12] Arrest/Effective/Issue Date
- [8.13] Conviction/Termination/Expiration Date
- [8.14] Authority Section
- [8.15] Ticket/Docket Number
- [8.16] Action Reference Information
- [8.17] Court
- [8.18] Stop in Effect
- [8.19] Commercial Driver’s License Record Entries
- II. [8.20] 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 Blomquist & Anderson 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 Urbana-Champaign 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 Blomquist & Anderson in Arlington Heights, where he concentrates his practice in criminal litigation and DUI matters. He has served Arlington Heights as its Prosecutor for 46 years. He is a member of the National Association of Criminal Defense Attorneys and a lecturer at the National Judicial College at the University of Nevada, Reno. He has been named Illinois Crime Commission Municipal Attorney Man of the Year, received the IICLE® Addis Hull Award for Excellence in Continuing Legal Education, and received 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. In 2018, he was honored by the Chicago-Kent’s Professional Achievement Award.
- 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’s Department of Administrative Hearings. He received his B.A. from Northwestern University and his J.D. cum laude from the DePaul University College of Law.
- Thomas T. Glasgow
Thomas T. Glasgow
Thomas T. Glasgow is Partner at Glasgow & Olsson in Schaumburg, where he concentrates his practice in criminal law. He has been a recipient of the Pro Bono Service Award from the Northwest Suburban Bar Association, selected as the IICLE® Programs Volunteer of the Year, and a recipient of the Lutheran Home award for support of Adult Day Services. Mr. Glasgow received his B.A. from the University of Mississippi and his J.D. with honors from Chicago-Kent College of Law, where he was on the Dean’s List, a member of the National Competition Team, and a recipient of the Jacob and Yolanda Van Emden Scholarship.
- Jeremy S. Harter
Jeremy S. Harter
Jeremy S. Harter is a Managing Partner at Harter & Schottland P.C., in Round Lake Beach, where he focuses his practice on litigation. Harter has been named to the Super Lawyers list, is a member of the Lawyers of Distinction, and is the Secretary for the Executive Board of the Lake County Bar Association. He earned his B.S. from Knox College and his J.D. from the John Marshall Law School.
- Ronald E. Henson, Ph.D.
Ronald E. Henson, Ph.D.
Ronald E. Henson, Ph.D., is the Principal of Beron Consulting, LabWorks and Media, in Bonita Springs, Florida, where he provides drugs and alcohol consultation and expert witness services. 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 and MLB), dignitaries, employee unions, and government entities. Dr. Henson received his B.S. from the University of Illinois, his M.P.A. from Governors State University, and his Ph.D. from Walden University.
- Sarah L. Merkatoris
Sarah L. Merkatoris
Sarah L. Merkatoris is an associate at Glasgow & Olsson in Schaumburg, where she concentrates her practice in criminal defense and domestic relations. She is a member of the Northern District of Illinois Trial Bar, has been admitted to the Wisconsin and Illinois Bars, and is certified in healthcare compliance. Ms. Merkatoris received her B.A. with distinction from the University of Wisconsin–Madison and her J.D. with a certificate in healthcare compliance from the DePaul University College of Law, where she served on the Law Review Executive Board, received three CALI Awards, and was recognized on the Dean’s List.
- Sarah E. Toney
Sarah E. Toney
Sarah E. Toneyis the Managing Attorney of The Toney Law Firm, LLC, in Chicago, where she focuses on DUI and criminal defense. She is Treasurer of the Illinois State Bar Association, recipient of a 2021 Top Women Lawyers in Leadership Award, and a founding member of the DUI Defense Lawyers Association. She received her B.A. from Miami University and her J.D from Loyola University Chicago School of Law.
Defending DUI: Practice and Procedure 2024 Edition
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