People v. Araiza

Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
2020 IL App (3d) 170735
Decision Date: 
Thursday, August 27, 2020
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
CARTER

Defendant was cited for DUI and for driving with a breath alcohol content over .08. Defendant was notified of the statutory summary suspension (SSS) of her driving privileges. Defendant did not commit traffic violation of failing to obey a traffic control device when she did not proceed with a left turn during the four seconds (when the intersection was clear and the vehicle in front of Defendant's vehicle proceeded forward and made a left turn). The video indicated the rumble strip was not marked in a manner prohibiting a motorist making a left turn onto Route 53 from driving over it, and Defendant did not make any sudden or erratic movements when completing the left turn. Thus, there were no specific, articulable facts to create a reasonable suspicion that Defendant committed or was about to commit a crime to justify the traffic stop. (LYTTON and O'BRIEN, concurring.)