People v. Kohler

Defendant was convicted, after stipulated bench trial, of DUI under Village ordinance. Village did not bring Defendant to trial within 160-day time speedy-trial period, and thus conviction is vacated. Defendant's recognizance bond meant that he was to be released immediately, and he was thus released from custody on that day, when speedy-trial demand was filed (and demand was thus not prematurely filed) and when speedy-trial term began. Assistant State's Attorney, by stepping up at initial court hearings when Village attorney was not present, was representing Village's interests such that service on ASA was sufficient to stand as service on Village attorney. Village failed to object to either of Defendant's two absences from hearings, both of which were excused by court, and thus Defendant's failure to appear on date when his counsel informed court that he was ill and unable to attend did not waive speedy-trial demand. (McLAREN and BURKE, concurring.)