People v. Phipps 

Illinois Supreme Court
Criminal Court
Speedy Trial Act
DUI
Citation
Case Number: 
No. 107016
Decision Date: 
Thursday, July 15, 2010
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Appellate court reversed.
Justice: 
KILBRIDE
Defendant was originally charged with reckless homicide, then charge was vacated and he was subsequently charged with aggravated DUI in causing death of driver of other vehicle by running red light. Aggravated DUI charge was not "new and additional" for speedy-trial purposes; original and subsequent indictment alleged the same conduct, and thus original indictment gave Defendant notice of the material allegations in subsequent indictment. (FITZGERALD, FREEMAN, THOMAS KARMEIER, and BURKE, concurring; GARMAN, specially concurring.)