People v. Herman

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2012 IL App (3d) 110420
Decision Date: 
December 13, 2012
District: 
3d Dist.
Division/County: 
Will Co.
Justice: 
WRIGHT
Holding: 
Reversed.
(Modified upon denial of rehearing 1/14/13.) Village police officer issued traffic citations to Defendant, including for DUI. Before trial, Village amended citations to strike out State of Illinois as prosecuting authority and replace it with Village, but did not amend citations to allege only violations of municipal code. Village did not acquire authority to prosecute Defendant for DUI under Vehicle Code, and State did not give its permission to allow Village to prosecute. DUI conviction is thus reversed due to lapse in prosecutorial authority. (LYTTON and McDADE, concurring.)