Illinois Appellate Court
Criminal Court
Speedy Trial
Plaintiff Village charged Defendant with DUI. Court properly dismissed charge on basis of denial of right to speedy trial. Defendant did not forfeit his statutory right to a speedy trial by failing to object to court's own decision to continue the trial date beyond the 160-day period. A defendant who proceeds under Section 103-5(a), applicable to defendants in custody, has a duty to object when the court sets trial date outside statutory period, but a defendant who proceeds under 103-5(b), applicable to defendants not in custody, has no such duty. No basis to conclude that any delays were attributable to Defendant, where continuances were due to matters outside Defendant's control or responsibility, such as court's busy schedule. (ZENOFF and SCHOSTOK, concurring.)