People v. Smith

Illinois Appellate Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
2013 IL App (2d) 121164
Decision Date: 
Wednesday, November 20, 2013
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed and remanded.
Justice: 
BIRKETT
Defendant was charged by indictment with driving while license suspended (DWLS), charged as Class 2 felony. State was allowed to amend indictment to allege driving during statutory summary suspension (SSS). Indictment was improperly modified by order reducing charge to misdemeanor, after Defendant argued that SSS had been entered when his license had already been revoked. For purposes of DWLS law, driving privileges that have been revoked are subject to SSS while revocation remains in effect. (JORGENSEN and HUDSON, concurring.)