Defendant's driver's license was summarily suspended after his arrest for DUI. State failed to produce video of arrest, and court denied Defendant's sanctions motion based on its belief that video was not discoverable. Defendant claimed that field sobriety tests and warning took place in booking room. State did not dispute Defendant's claim, and State stipulated that a recording of events in booking room, responsive to Defendant's request, had existed. Thus, booking room recording was relevant, and court erred in finding recording not discoverable. Because it was discoverable, no subpoena was required to obtain it, and once Defendant filed his Rule 214 motion for discovery and Rule 237 notice to produce, State was officially on notice to take action to preserve recording for its production either before trial or at trial.(SCHOSTOK and BURKE, concurring.)
Illinois Appellate Court
Criminal Court
DUI