People v. Schaefer 

Illinois Appellate Court
Criminal Court
Traffic
Voir Dire
Citation
Case Number: 
Nos. 2-08-0218 and 2-08-0219
Decision Date: 
Tuesday, February 23, 2010
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed and remanded.
Justice: 
JORGENSEN
Court neither informed potential jurors nor asked if they understood and agreed that Defendant was not required to present evidence and that his failure to testify could not be held against him; significant because Defendant did not testify and did not present evidence. Insufficient that court mentioned principles after jury was impaneled and sworn, as Defendant was deprived of right to fair trial by these omissions. Defendant was driving in wrong direction in traffic lane, and took exit ramp when instructed, but State failed to prove charge of improper lane usage which requires proving that driver did not drive as nearly as practicable within the lane.