(Court opinion corrected 2/7/18.) Defendant was charged with child endangerment, damage to property, and DUI, when she crashed into a wall in parking lot, with her 2 children in vehicle. After urine test results showed drugs in her system, she was also charged with driving under the influence of drugs and driving under influence of cannabis. The fact that police officers helped restrain Defendant, at request of medical staff, while nurses performed catheterization, did not turn medical procedure into state action. Physician ordered catheterization because Defendant was combative. State did not have knowledge of her DUI-cannabis charge until it received test results; that charge was not subject to compulsory joinder, and thus Defendant was not denied her right to a speedy trial. (NEVILLE and PUCINSKI, concurring.)
Illinois Appellate Court
Criminal Court
DUI