People v. Weddell 

Illinois Appellate Court
Criminal Court
Speedy Trial Act
Citation
Case Number: 
No. 2-09-0543
Decision Date: 
Tuesday, October 26, 2010
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
Defendant was convicted, after bench trial, of DUI. State's nol-pros of misdemeanor DUI charges prior to speedy-trial term on charges had lapsed, and after which State re-filed identical charges, tolled the speedy-trial term, as there was no evidence that State acted in bad faith or attempted to evade the speedy trial statute at the time of nol pros. Defendant's motion for subsitution of judge did not clearly cause an avoidable delay; Defendant could have had his case tried on Day 159 before a different judge, but he chose to move to substitute that judge, and thus originally assigned judge presided over his trial two months later, as he was not avaible to conduct trial on Day 159 because another trial was then in progress before him. (HUTCHINSON and BURKE, concurring.)