People v. Nemec

Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
2019 IL App (2d) 170382
Decision Date: 
Saturday, April 27, 2019
District: 
2d Dist.
Division/County: 
Carroll County
Holding: 
Vacated and remanded.
Justice: 
HUDSON

Court revoked Defendant's court supervision for DUI. Although Defendant was represented by counsel when he pled guilty to DUI, he was pro se when he appeared on petition to revoke supervision, which was a distinct proceeding. Court's failure to admonish Defendant of his right to counsel for revocation petition and failure to obtain a knowing waiver of counsel was plain error. Remanded, as DUI involves a clear danger to the public, and remand for new hearing on petition to revoke is equitable and productive.(McLAREN and JORGENSEN, concurring.)