New Illinois DUI and Illinois Traffic Laws for 2011

by Donald John Ramsell on May. 02, 2011

Criminal DUI-DWI 

Summary: New Illinois DUI and Illinois Traffic Laws for 2011. Amends the Illinois Vehicle Code. Provides that where traffic signals are not in place, vehicles must stop and yield to a pedestrian in a crosswalk rather than yielding the right-of-way by slowing down or stopping if need be.

New Illinois DUI and Illinois Traffic Laws for 2011

P.A. 96-1165 (effective July 22, 2010) Stop for Pedestrian

Amends the Illinois Vehicle Code. Provides that where traffic
signals are not in place, vehicles must stop and yield to a pedestrian
in a crosswalk rather than yielding the right-of-way by slowing down
or stopping if need be. Provides that on a school day when children
are present and so close that a potential hazard exists because of the
close proximity of the motorized traffic and when traffic signals are not
in place or in operation, vehicles must stop and yield to a pedestrian in
a crosswalk rather than yielding the right-of-way by slowing down or
stopping if need be to so yield.

P.A. 96-1305, (effective January 1, 2011) Revocation - Caused
Death

Provides that the Secretary of State shall immediately revoke
the driving privileges of any person who has been convicted of an
offense that involved the unlawful operation of a motor vehicle when
that offense "was the proximate cause of the death of any person the
death of any person" Further provides that any person whose driving
privileges have been revoked under the provisions of the introduced
bill may seek to have the revocation terminated or to have the length
of revocation reduced, by requesting an administrative hearing with
the Secretary of State prior to the projected driver's license application
eligibility date.

P.A. 96-1179 (eff. 1-1-11) Company Name on Truck

Amends the Illinois Vehicle Code. Provides that a construction
contractor or subcontractor operating second division vehicle
commercially in this State that fails to display on the side of the
vehicle or its trailer the name of the company for which it is employed
is guilty of a petty offense with a fine of not less than $500 (instead of
with a fine not to exceed $100)

P.A. 96-1230 (eff. 1-1-11) Aggravated DUI Great Bodily Harm
85% Sentencing

Amends the Unified Code of Corrections. Provides that the rules
and regulations on early release shall provide that a prisoner who
is serving a sentence for aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or compounds,
or any combination thereof that involved a motor vehicle accident that
resulted in great bodily harm or permanent disability or disfigurement
to another, when the violation was a proximate cause of the injuries
and the offense was committed on or after the effective date of the
amendatory Act, shall receive no more than 4.5 days of good conduct
credit for each month of his or her sentence of imprisonment.

P.A. 96-1173, eff. 7-22-10 Emergency Response Penalty

Amends the Illinois Vehicle Code. Provides that in addition to
any other fine or penalty required by law, the court may assess an
additional criminal penalty in an amount not exceeding $100 per
public agency for each emergency response related to (rather than
proximately caused by) a person's conviction for reckless driving or
speeding in excess of 40 miles per hour over the posted speed limit for
a first reckless driving or excessive speeding violation and $500 for a
second or subsequent violation .

P.A. 96-1180, eff. 1-1-11 Driving Privileges - RDP & reporting

Amends the Illinois Vehicle Code to provide that in certain
undue hardship cases where a person's driving privileges have been
suspended or revoked, the Secretary of State may issue a restricted
driving permit to allow a person to transport children, elderly persons,
or disabled persons who do not hold driving privileges and are living
in the person's household (rather than just children living in the
person's household) to and from daycare. Amends the Unified Code of
Corrections. Provides that during a sentencing hearing, the court must
make a finding of whether a motor vehicle was used in the commission
of the offense for which the defendant is being sentenced. Provides
that in cases in which the court finds that a motor vehicle was used
in the commission of the offense, the clerk of the court shall, within 5
days thereafter, forward a report of such conviction to the Secretary of
State.

P.A. 96-1184, eff. 7-22-102 Fine Repayment Plan to Lift

Suspensions

Amends the Illinois Vehicle Code. Provides that the Secretary
of State shall terminate the driving privileges suspension of a person
who failed to pay fines or penalties for standing, parking, compliance,
or automated traffic law violations whenever the person has entered
into a payment plan pursuant to which the municipality has agreed
to terminate the suspension. Provides that Secretary of State shall
suspend the driving privileges of a person who is more than 14 days in
default of such a payment plan. Makes other changes.

P.A. 96-1066, eff. 7-16-10 Bus Drivers - phone/radio

Amends the Illinois Vehicle Code. Provides that a school bus
must contain either an operating cellular radio telecommunication
device (cell phone) or two-way radio (rather than just a two-way
radio) while the school bus driver is in possession of a school bus
and provides that the cell phone or two-way radio must be turned
on and adjusted in a manner that would alert the school bus driver
of an incoming communication request. Provides that a school bus
driver may use a cell phone to communicate with school authorities
or their designees about any other issue relating to the operation of
the school bus or the welfare and safety of any passenger. Deletes a
provision concerning the use of cell phone that has a digital two-way
radio. Makes corresponding changes in a provision concerning post-trip
inspections of school busses.

P.A. 96-1175, eff. 9-20-10 Serious Traffic Violation Fees

Amends the Illinois Vehicle Code, the Clerks of Courts Act, and
the Unified Code of Corrections. Provides that any person who is
convicted of or pleads guilty to a serious traffic violation, as defined
in the Illinois Vehicle Code, shall pay an additional fee of $40 (rather
than $20). Provides that $15 (rather than $7.50) of the fee shall be
deposited into the Fire Prevention Fund in the State treasury, $15
(rather than $7.50) shall be deposited into the Fire Truck Revolving
Loan Fund in the State treasury, and $10 (rather than $5) shall be
deposited into the Circuit Court Clerk Operation and Administrative
Fund created by the Clerk of the Circuit Court. Makes technical
changes. Effective 60 days after becoming law. Provides that any

person who is convicted of or pleads guilty to a serious traffic violation,
as defined in the Illinois Vehicle Code, shall pay an additional fee of
$35 (rather than $20 in current law and $40 in the introduced bill).
Restores current law with respect to the amount of money ($5 rather
than $10, as provided by the introduced bill) that shall be deposited
into the Circuit Court Clerk Operation and Administrative Fund created
by the Clerk of the Circuit Court.

P.A. 96-1147, eff. 7-21-10 Accident Reports - Research

Amends a provision of the Illinois Vehicle Code concerning
accident reports. Provides that upon request, the Department of
Transportation shall furnish copies of its written accident reports
to federal, State, and local agencies that are engaged in highway
safety research and studies. Provides that the reports shall be for the
privileged use of the federal, State, and local agencies receiving the
reports and shall be held confidential.

P.A. 96-1237, eff. 1-1-11 Intoxicated Driver Instructors or
Supervisors

In a provision concerning instruction permits, provides that an
instruction permit shall be restricted, by the Secretary of State, to
the operation of a motor vehicle by the minor only when "under direct
supervision of" (rather than "accompanied by") the adult instructor of
a driver education program during enrollment in the program or when
practicing "under direct supervision of" (rather than "with") a parent,
legal guardian, family member, or other person who is 21 years of
age or more, has a license classification to operate such vehicle and
at least one year of driving experience, and who is occupying a seat
beside the driver. Creates an offense of intoxicated instructors and
supervisors, making it illegal to do so while under the influence. makes
the penalty a Class A misdemeanor.

P.A. 96-1284, eff. 1-1-11 Non-support RDPs

Amends the Illinois Public Aid Code and Illinois Vehicle Code.
Provides that an unemployed person that has been found in contempt
by the court for failure to pay court ordered child support payments
or upon a motion by the obligor who is subject to having his or

her driver's license suspended pursuant to provisions of the family
financial responsibility law of the Illinois Vehicle Code, may be issued
a restricted driving permit for the purpose of seeking employment,
which may be subject to the requirements set forth in the Illinois
Marriage and Dissolution of Marriage Act. Provides that except upon a
showing of good cause, any permit issued for the purpose of seeking
employment shall be limited to Monday through Friday between the
hours of 8 a.m. and 12 p.m. Provides that following the certification
of delinquency or upon a motion by the obligor who is subject to
having his or her driver's license suspended for failure to pay child
support, the Department of Healthcare and Family Services may
direct the Secretary of State to issue a family financial responsibility
driving permit under the purposes and limitations set forth for other
family financial responsibility driving permits and sets forth rules and
procedures for the issuance of the permit.

P.A. 96-1016, eff. 1-1-11 Automated Traffic Violations

Amends the Illinois Vehicle Code. Provides that in
municipalities with a population of less than 1,000,000 and counties
with a population of less than 3,000,000, an ordinance that provides
for the administrative adjudication of automated traffic law
enforcement system violations shall require that all determinations by
a technician employed or contracted by the municipality or county that
a motor vehicle committed a violation must be reviewed and approved
by a law enforcement officer. Provides that in municipalities with a
population of 1,000,000 or more and counties with a population of
3,000,000 or more, an ordinance that provides for the administrative
adjudication of automated traffic law enforcement system violations
shall require that all determinations by a technician employed or
contracted by the municipality or county that a motor vehicle
committed a violation must be reviewed and approved by a law
enforcement officer or by an additional technician trained in traffic
management and not employed by the contractor who employs the
technician who made the initial determination. Provides that in all
municipalities and counties, the automated traffic law ordinance shall
require that no additional fee shall be charged to the alleged violator
for exercising his or her right to an administrative hearing, and the

automated traffic law ordinance shall provide that after an
administrative hearing where a person is found to have committed a
violation, the person shall be given additional time to pay the civil
penalty imposed equal to the amount of time that the person had to
pay the original violation upon issuance. Provides that a municipality
or county that produces a recorded image of a motor vehicle's
violation must make the recorded images of a violation accessible to
the alleged violator by providing the alleged violator with a website
address, accessible through the Internet. Provides that a county or
municipality, including a home rule county or municipality, may not
use an automated traffic law enforcement system to issue violations in
instances where the motor vehicle comes to a complete stop and does
not enter the intersection during the cycle of the red signal indication
unless one or more pedestrians are present, even if the motor vehicle
stops at a point past a stop line or crosswalk where a driver is
required to stop. Provides that a municipality or county that has one
or more intersections equipped with an automated traffic law
enforcement system must provide notice to drivers by posting the
locations of the systems on the municipality or county website.
Provides that an intersection equipped with an automated traffic law
enforcement system must have a yellow change interval that
conforms with the Illinois Manual on Uniform Traffic Control Devices
published by the Illinois Department of Transportation. Provides that a
municipality or county shall make a certified report to the Secretary of
State in order to suspend a registered owner's driving privileges
whenever a registered owner of a vehicle has failed to pay any fine or
penalty due and owing as a result of 5 automated traffic law
enforcement system violations. Provides that an automated traffic law
ordinance shall provide that after an administrative hearing where a
person is found to have committed a violation, the person shall be
given at least 25 days to pay the civil penalty (rather than "additional
time to pay the civil penalty imposed equal to the amount of time that
the person had to pay the original violation upon issuance" as
provided by the introduced bill, as amended). Provides that a
municipality or county operating an automated traffic law enforcement
system shall conduct a statistical analysis to assess the safety impact

of each automated traffic law enforcement system at an intersection
following installation of the system and provides further details about
the study. Provides that if the statistical analysis for the 36 month
period following installation of the system indicates that there has
been an increase in the rate of accidents at the approach to the
intersection monitored by the system, the municipality or county shall
undertake additional studies to determine the cause and severity of
the accidents, and may take any action that it determines is necessary
or appropriate to reduce the number or severity of the accidents at
that intersection. Makes other changes.

P.A. 96-1007, eff. 1-1-11 Bicycle Safety - Auto

Provides that a person driving a motor vehicle shall not, in a
reckless manner, drive the motor vehicle unnecessarily close to,
toward, or near a "bicyclist, pedestrian, or a person riding a horse or
driving an animal drawn vehicle". The penalty for a crowding a bicyclist
from is a Class 3 felony.

P.A. 96-1080, eff. 7-16-10 CDL Requirements

Provides that certain information relating to a first offender's
driving under the influence offense is not privileged when the offender
is a commercial driver's license holder and operating a commercial
motor vehicle or vehicle required to be placarded as hazardous
materials. Makes other changes.

P.A. 96-1120, eff. 1-1-11 ID Cards - Non-existent address

Amends the Illinois Identification Card Act. Provides that
information concerning a non-existent address used to obtain
an identification card is false information for the purposes of a
particular provision of the Act. Amends the Illinois Vehicle Code.
Provides that information concerning a non-existent address used
to obtain a driver's license or permit is false information for the
purposes of a particular provision of the Code. Also makes technical
changes.Provides that false information also includes, among other
things, any photograph that falsifies all or in part the actual identity of
the individual issued a license.

P.A. 96-0991, eff. 1-1-11 Safety Belt - Disabled Passenger

Amends the Illinois Vehicle Code. Requires the driver of a motor
vehicle transporting a passenger who is unable, due to infirmity,
illness, or age, to properly adjust and fasten a seat safety belt and is
not exempted from wearing a seat safety belt to secure the passenger
in a properly adjusted and fastened seat safety belt.

P.A. 96-1342, eff. 1-1-11 DUI Fine Increase

Amends the Illinois Vehicle Code and Clerks of the Court Act.
Increases the amount of an administrative sanction imposed on first
offenders known as "Technology fees" in addition to other penalties
and liabilities upon a person who is found guilty of or pleads guilty
to violating the DUI provision of the Illinois Vehicle Code from $500
to $750. Makes corresponding changes in the Clerks of the Court
Act. Changes the distribution formula of the administrative sanction
imposed in addition to other penalties and liabilities upon a person who
is found guilty of or pleads guilty to violating the DUI provision of the
Illinois Vehicle Code by distributing $350 of the $750 fee (rather than
$150 of the $500 fee) to the law enforcement agency that made the
arrest and distributing $400 of the $750 fee to the State Treasurer for
deposit into the General Revenue Fund. Also changes the distribution
of second offender Tech fees of $1000 (no change in amount of fee;
just distribution).

P.A. 96-1344 effective 7-1-11 Aggravated DUI/PI Refusal-
Summary Revocation

Adds a 'summary revocation' to the summary suspension
procedures. A person who refuses to submit to testing following an
arrest for DUI involving a motor vehicle accident that causes a Type A
personal injury (or death) to another will be revoked summarily on the
46th day following arrest. The driver will be entitled to a court hearing
following the same procedures as a summary suspension. There will
also be Warnings involved.

P.A. 96-1002, eff. 1-1-11 Speeding - Class B Misdemeanors -No
Supervision on 40 over

Amends the Illinois Vehicle Code. Provides that a person who
drives a vehicle upon any highway of this State at a speed that is 30

miles per hour or more but less than 40 miles per hour in excess of
the applicable maximum speed limit established under the Illinois
Vehicle Code or a local ordinance commits a Class B misdemeanor.
Also amends the Unified Code of Corrections. Provides that a person
charged with driving a vehicle upon any highway of the State at a
speed that is 40 miles per hour or more in excess of the applicable
maximum speed limit established by the Illinois Vehicle Code or a local
ordinance may not receive an order of supervision.

P.A. 96-1267, eff. 7-26-10*HB5444 Vehicle Forfeiture - DUI
tech

Amends the Criminal Code of 1961. In the seizure and forfeiture
provisions concerning a vehicle that is seized for certain DUI violations
of the owner of the vehicle, changes cross references to reflect
changes in the DUI statute.

P.A. 96-1431 (eff. 1-1-11) Failure to Appear - Fee

Amends the Code of Criminal Procedure. Provides that when a
court appearance is required for an alleged violation of the Criminal
Code of 1961, the Illinois Vehicle Code, the Wildlife Code, the Fish and
Aquatic Life Code, the Child Passenger Protection Act, or a comparable
offense of a unit of local government as specified in Supreme Court
Rule 551, and if the accused does not appear in court on the date
set for appearance or any date to which the case may be continued
and the court issues an arrest warrant for the accused, based upon
his or her failure to appear when having so previously been ordered
to appear by the court, the accused upon his or her admission to bail
shall be assessed by the court a penalty of $75. Provides that the
penalty shall be in addition to any bail that the accused is required to
deposit for the offense for which the accused has been charged and
may not be used for the payment of court costs or fines assessed for
the offense. Provides that the clerk of the court shall remit $70 of the
penalty assessed to the arresting agency who brings the offender in
on the arrest warrant. Provides that the clerk of the court shall remit
$5 of the penalty assessed to the Circuit Court Clerk Operation and
Administrative Fund.

Pending SB3775 Summary: MDDP & SEC OF STATE Status:

Passed both Houses

Amends the Illinois Vehicle Code. Removes the authority of
circuit courts to order the Secretary of State to issue a monitoring
device permit (MDDP) to an eligible first-time DUI offender, and
instead, provides for the automatic issuance of a MDDP by the
Secretary to an eligible first-time DUI offender. Provides that the
eligible first-time DUI offender may file a petition to decline issuance
of the MDDP with the court of venue. Provides that persons issued a
MDDP and who must drive a farm tractor to and from a farm, within
50 air miles from the originating farm, are exempt from installation
of a Breath Alcohol Ignition Interlock Device on the farm tractor so
long as the farm tractor is being used for the exclusive purpose of
conducting farm operations. Provides that the Secretary shall adopt
rules for methods for determining indigency with respect to persons
eligible for a MDDP. Makes other changes. Effective January 1, 2011.

Evidence is insufficient prove that there was cannabis in a
defendant's breath, blood, or urine when he is driving, as required to
convict him for driving under the influence of cannabis (DUI), even
when an officer has smelled burnt cannabis about defendant's person,
drug paraphernalia was found in his car, and the defendant admitted
to smoking "two hits" of cannabis one hour prior to traffic stop, where
there is no evidence as to whether consuming that amount of cannabis
would result in any cannabis being left in the breath, blood, or urine
one hour later, and there is no evidence that defendant was impaired,
and no evidence of an odor of cannabis on the breath. People v.
McPeak 399 Ill.App.3d 799, 927 N.E.2d 312, 339 Ill.Dec. 771 (Ill.App.
2 Dist. 2010)

In People v. Foltz 403 Ill.App.3d 419, 934 N.E.2d 719, 343
Ill.Dec. 395 (Ill.App. 5 Dist.,2010), a defendant was convicted
upon jury verdict of aggravated driving under the combined
influence of alcohol and drugs. It was held that there was
insufficient evidence to prove that Defendant had any drugs in
his system at the time of arrest, as the only evidence of drug
use presented at trial was that police officer smelled the odor of
burnt cannabis in Defendant's vehicle. The court also found that
the Officer lacked the necessary experience to provide sufficient

testimony that the Defendant was under the influence of drugs,
as he had less than two years experience as an officer, this was
his first arrest for DUI involving drugs, and he had no specific
training in drug recognition.

ABOUT THE AUTHOR: Donald J. Ramsell

Ramsell & Associates, LLC, is a high-profile criminal defense firm of distinction in Illinois. With more than 20

years of criminal defense experience, the firm has built a history of successful cases and satisfied clients.

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