Traffic/DUI

People v. Motzko

Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
2019 IL App (3d) 180184
Decision Date: 
Thursday, August 15, 2019
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Reversed and remanded.
Justice: 
WRIGHT

Court dismissed DUI charge after granting Defendant’s motion to suppress. Court ruled that facts known to officer at time he arrested Defendant did not amount to probable cause to arrest him.State indicated that it had additional evidence to present at trial. Court’s order granting motion to suppress and quash arrest was thus not a final order and was not tantamount to acquittal, and did not serve as a bar to further prosecution. Court had no statutory authorization to dismiss the DUI charge. As State was not obligated to show probable cause to proceed on DUI charge, which is a Class A misdemeanor, its failure to do so is not a prejudicial denial of Defendant’s due process rights. (CARTER and O’BRIEN, concurring.)

Public Act 101-336

Topic: 
Driver's license and child support

(Hunter, D-Chicago; Ford, D-Chicago) gives the Department of Healthcare and Family Services (HFS) more flexibility when collecting interest on IV-D cases to give appropriate relief for obligors. The revisions to the Illinois Vehicle Code would eliminate the existing provision that does not allow the courts or HFS to work with obligors if their licenses are suspended more than once for nonpayment of child support. Effective August 9, 2019.

People v. Parker

Illinois Appellate Court
Criminal Court
Jury Deliberations
Citation
Case Number: 
2019 IL App (3d) 170108
Decision Date: 
Friday, July 26, 2019
District: 
3d Dist.
Division/County: 
Tazewell Co.
Holding: 
Affirmed.
Justice: 
SCHMIDT

Defendant was convicted, after jury trial, of aggravated DUI. No error in court, during jury deliberations, allowing Assistant State’s Attorney and 2 court bailiffs to be present in jury room to set up DVD video recorder on computer in jury room, while jurors were present; no evidence that they remained in jury room while jury viewed DVD, or that court instructed them to remain there during viewing. Both parties were present in court when court discussed jury’s request for video and proposed procedure of setting up DVD. (HOLDRIDGE, concurring and specially concurring; CATER, specially concurring.)

Public Act 101-90

Topic: 
Texting while driving

(Hammond, R-Macomb; Tracy, R-Quincy) authorizes the Secretary of State to suspend or revoke the driving privileges for 12 months of a person who has committed a violation involving the use of an electronic communication device while driving that resulted in great bodily harm, permanent disability or disfigurement. It also requires a minimum fine of $1,000.

Effective July 1, 2020.

Public Act 101-27

Topic: 
Cannabis Regulation and Tax Act

(Cassidy, D-Chicago; Steans, D-Chicago) decriminalizes possession of small amounts of cannabis and replaces it with a tax and regulation system. A resident of Illinois (21 or older) may purchase cannabis products and possess 30 grams of cannabis flower, no more than 500 mg of THC in cannabis-infused product, and five grams of cannabis concentrate. It creates an automatic expungement through the governor’s clemency process for convictions up to 30 grams. For amounts of 30-500 grams, the state’s attorney or the individual can petition the court to vacate the conviction. Makes other changes. Effective January 1, 2020. A more comprehensive summary may be found at the Marijuana Policy Project here

Public Act 100-858

Topic: 
Driving and electronic communication devices

(D'Amico, D-Chicago; Castro, D-Elgin) makes it a moving violation for using an electronic communication device while operating a motor vehicle. A driver must be fined a maximum of $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense. Effective July 1, 2019.

People v. Castino

Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
2019 IL App (2d) 170298
Decision Date: 
Friday, June 14, 2019
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Defendant was convicted, after bench trial, of DUI for driving with heroin in his breath, blood, or urine. There was ample circumstantial evidence to support conviction; he showed signs of recent drug use in that he had fresh track marks on his arms and swollen arms and hands. His eyes were red and his pupils were constricted, and he had white powder and blood in his nose. The passenger threw out drug paraphernalia and had drugs on her person. Defendant admitted that he used heroin, including that he had done so earlier that morning, and drove abnormally slow and drifted between lanes, and had difficulty with some of the field sobriety tests. (BIRKETT and HUTCHINSON, concurring.) 

House Bill 1438

Topic: 
The Cannabis Regulation and Tax Act

(Cassidy, D-Chicago; Steans, D-Chicago) decriminalizes possession of small amounts of cannabis and replaces it with a tax and regulation system. A resident of Illinois (21 or older) may purchase cannabis products and possess 30 grams of cannabis flower, no more than 500 mg of THC in cannabis-infused product, and five grams of cannabis concentrate. It creates an automatic expungement through the governor’s clemency process for convictions up to 30 grams. For amounts of 30-500 grams, the state’s attorney or the individual can petition the court to vacate the conviction. Makes other changes. Passed both chambers. If signed into law, it takes effect on January 1, 2020. A more comprehensive summary may be found at the Marijuana Policy Project here

Senate Bill 1473

Topic: 
Driver's license and child support

(Hunter, D-Chicago; Ford, D-Chicago) gives the Department of Healthcare and Family Services more flexibility on if and how it will collect interest on IV-D cases to give appropriate relief for obligors in the right cases. The revisions to the Illinois Vehicle Code would eliminate the existing provision that does not allow the courts or HFS to work with an obligor if their license is suspended more than once for non-payment of child support. Passed both chambers. Effective upon the Governor's signature.

Senate Bill 2128

Topic: 
Legal transcription

(Harmon, D-Oak Park; Zalewski, D-Chicago) creates a licensed activity of the “practice of voice writer reporting.” This means reporting by the use of a system of repeating words of the speaker into a closed-microphone voice-dictation silencer that is capable of digital translation into text. It could be used for grand jury proceedings, court proceedings, court-related proceedings, pretrial examinations, depositions, motions, and related proceedings of like character. Passed both chambers.