People v. Wunderlich

Illinois Appellate Court
Criminal Court
Traffic Laws
Citation
Case Number: 
2019 IL App (3d) 180360
Decision Date: 
Tuesday, August 27, 2019
District: 
3d Dist.
Division/County: 
Whiteside Co.
Holding: 
Affirmed.
Justice: 
SCHMIDT

Court granted Defendant's motion to dismiss charges of failure to yield, driving in the wrong direction, and improper lane usage. Defendant was off duty but in his marked squad car, and was responding to a call for officers to assist searching for a patient missing from a mental health facility. While turning onto a 1-way street, Defendant collided with a motorcycle. Court's determination that Defendant was responding to an emergency call was not against manifest weight of evidence. Section 11-205(c)(4) of Vehicle Code immunizes drivers from prosecution of petty offenses as to direction of movement or turning in specified directions. (O'BRIEN, concurring; McDADE, concurring in part and dissenting in part.)