People v. Heineman

Illinois Appellate Court
Criminal Court
Aggravated DUI
Citation
Case Number: 
2021 IL App (2d) 190689
Decision Date: 
Thursday, September 30, 2021
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
BIRKETT
Defendant was convicted, after jury trial, of 2 counts of aggravated DUI, after a single-vehicle crash that resulted in the death of his longtime friend. Court's finding that Defendant's motion to substitute counsel was being used merely as a delaying tactic is unsupported by the record. A defendant's 6th amendment right to counsel includes the right to counsel of choice. Trial court abused its discretion in denying motion to substitute counsel because trial judge, who was nearing retirement, did not want to allow substitute counsel time to obtain transcripts and prepare a supplemental motion for new trial. Jury was equipped with information of method of conversion of blood serum alcohol concentration to whole blood alcohol concentration through testimony of investigating police officer. Expert testimony was not required to establish the conversion factor. (HUDSON, concurring; BRENNAN, dissenting.)