Defendant was convicted, after stipulated bench trial, of DUI(a)(6). Compulsory joinder can apply to misdemeanor charges that are initially filed by a police officer.Defendant was initially charged with DUI(a)(4) by citation and complaint filed by officer in 12/2015, which derived from officer's investigation and interaction with Defendant at scene of auto accident; State filed subsequent DUI(a)(6) charge more than 4 months later. Officer could have filed both charges in 12/2015. Thus, the 2 charges are subject to compulsory joinder. Defense counsel was ineffective by failing to assert a violation of his right to a trial within the statutorily prescribed 160-day period. Counsel's inaction altered the outcome of the case because counsel could have moved to dismiss the one charge that Defendant was convicted of, DUI(a)(6). (LYTTON and HOLDRIDGE, concurring.)
Illinois Appellate Court
Criminal Court
DUI